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Russian Legislation and the Fight Against Terrorism--Viktor E. Petrishchev
Pages 35-46

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From page 35...
... Russian State Duma In the early 1990s, terrorism in the Russian Federation underwent a transformation from a number of unrelated, rare, and somewhat unique manifestations of violent crime to a systemic and large-scale threat to the state and society in general. Prior to that period, the Soviet Union had legislation in place that provided for rather harsh repression of socially and politically motivated criminal acts.
From page 36...
... While the head of state, Mikhail Gorbachev, traveled overseas promoting his new policies and universal human values, his very own state was collapsing. Overall, the self-centeredness and nearsightedness of those at the highest levels of political office, the lack of executive control over developments in the outer regions of the USSR, and the political manipulation of various nationalists and extremists by a new breed of ambitious politicians seeking to seize political control resulted in the breakdown of law enforcement.
From page 37...
... The article defines terrorism as "bombings, arson, and other acts causing a threat to human life, major property loss, and other negative consequences committed against public safety or with the aim of influencing decision-making of the government authorities." The new Criminal Code of the Russian Federation, which came into force on January 1, 1997, defines terrorism in Section IX, Chapter 24 (crimes against
From page 38...
... The institution of criminal penalties for terrorist acts nevertheless failed to address the problem of terrorism as an extremely dangerous sociopolitical phenomenon. (In addition to Article 205, "Terrorism," the Criminal Code of the Russian Federation contains Article 206, "Hostage Taking"; Article 207, "Mak
From page 39...
... against persons and entities or destruction/damage (or threat thereof) of property committed with the aim of undermining public safety, international entities, and the established system of national government through forcing government bodies to make decisions desired by the terrorists." In this wording, the authors clearly stepped aside from the narrow legal definition of the term -- and they were perfectly right to do so, since this is not a criminal law, but a federal one, designed to establish a nationwide approach to combating terrorism as a dangerous sociopolitical phenomenon.
From page 40...
... This issue relates to the status of the Federal Interagency Anti-terrorist Commission, which was created by the Russian Federation Government Decree 45, dated January 16, 1997. The director of the Federal Security Service of the Russian Federation was appointed to head the commission, whereas in most other countries antiterrorist activities are conducted under the auspices of the highest executive office in the nation.
From page 41...
... Had this position prevailed, the legislators would have been forced to delegate this responsibility to two agencies only -- the Federal Security Service and the Ministry of Internal Affairs of the Russian Federation. Indeed, prior to drafting the Federal Law "On Combating Terrorism," these two agencies were the only ones responsible for such activities (see Federal Law 40-FZ "On the Federal Security Service of the Russian Federation," dated April 3, 1995; Federal Law 27-FZ "On the Internal Troops of the Ministry of Internal Affairs of the Russian Federation," dated February 6, 1997; and Decree 1039 of the President of the Russian Federation "On Approving of the Regulations Regarding the Ministry of Internal Affairs of the Russian Federation")
From page 42...
... of the Federal Law states that "priority shall be given to terrorism prevention." The goal of terrorism prevention is emphasized numerous times in other provisions of the law, along with the need for obtaining timely information about the planning and preparation of such attacks. There is no need to argue that when facing terrorist acts, law enforcement officers are facing the consequences of chronic processes that lead to crime, processes that are outside their direct control.
From page 43...
... Analysis of the impact of the above-mentioned factors on the development of antiterrorist legislation in various countries and application of this international experience to the specific circumstances in your country may result in development of the most effective model for a national approach to combating terrorism. Implementation of this approach while fully utilizing international experience may save time on empirical testing of various models and may raise the level of academic research and practical work in your own country to a higher level.
From page 44...
... A comparative analysis of the Russian Federal Law "On Combating Terrorism" and the U.S. Antiterrorism and Effective Death Penalty Act of 1996 shows some common features, despite major differences in the two documents.
From page 45...
... For example, in this act, American legislators demonstrated their deep understanding of and concern over newly emerging terrorist threats involving modern technologies. Building upon detailed models of potential terrorist threats involving weapons of mass destruction, the act provides for a number of measures aimed at preventing such terrorist acts, which could possibly lead to massive loss of human life.
From page 46...
... I believe that the American side can also benefit from an analysis of the appropriate Russian legislation and its application to operations in Chechnya, especially taking into account the fact that the United States has had a long and difficult history of dealing with Islamic extremists of the type currently operating in Chechnya. In conclusion, I would say that enhancing national antiterrorist legislation, bringing it into compliance with the norms of international law, and harmonizing national approaches toward combating terrorism and reducing terrorist threats appear to be the most promising methods available to the international community to fight terrorism.


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