Publication date: 28.05.2024
Lawyer
The armed conflict in Ukraine, unleashed by the Russian Federation, created a favorable environment for the spread of terrorist activities. Countering terrorism in the conditions of war requires consolidated efforts of the state, society and the law enforcement system. At the same time, measures to combat terrorism must be carried out within the limits of current legislation and with respect for human rights and freedoms. In this article, we will consider the legal aspects of countering terrorist activities during an armed conflict.
Legal basis
The main legal act regulating the fight against terrorism in Ukraine is the Law of Ukraine "On Combating Terrorism". This law defines the legal and organizational foundations of combating terrorist activity, the powers of the entities that directly carry out such a struggle, as well as guarantees of legal and social protection of citizens in connection with their involvement in anti-terrorist operations.
Consultation of a lawyer / lawyer's consultation
Due to the complexity and sensitivity of issues related to countering terrorism during an armed conflict, it is recommended to seek advice from a qualified lawyer. The specialist will be able to make an analysis of documents regulating this issue, provide a legal opinion on the legality and validity of anti-terrorist measures.
The lawyer's legal opinion can become the basis for further actions, in particular:
- Complaining of illegal actions or inaction of officials, institutions and organizations participating in the fight against terrorism;
- Addressing international institutions on issues of human rights compliance during anti-terrorist operations;
- Initiation of court proceedings in order to protect violated rights and interests.
Measures to counter terrorism
In accordance with the legislation, countering terrorist activity in Ukraine is carried out by means of operative-investigative, judicial, regime and other measures.
Operational search measures include:
- Operational development of terrorist organizations and their participants;
- Conducting counter-terrorist operations;
- Prevention and termination of terrorist acts.
Judicial measures include consideration of cases of crimes of terrorist orientation, as well as issues related to extradition procedures of persons who have committed terrorist acts.
Regime measures provide for the establishment of special administrative and legal regimes in certain territories or objects in order to ensure security and prevent terrorist manifestations.
Observance of human rights
One of the key principles of the fight against terrorism in Ukraine is the observance of human and citizen rights and freedoms. No exceptional circumstances related to the threat of terrorist activity can be grounds for violating these fundamental rights.
At the same time, the legislation provides for the possibility of limiting certain rights and freedoms during anti-terrorist operations, subject to compliance with the principles of legality and proportionality. Any restrictions must be temporary, justified and not go beyond what is necessary to ensure the safety of citizens.
Conclusions
Combating terrorist activity in the context of armed conflict is one of the priority tasks for the state and law enforcement agencies. Consulting a lawyer, analyzing documents and obtaining a legal opinion from a lawyer will help ensure legality and respect for human rights in the fight against terrorism.
The state should make maximum efforts to develop and improve legal mechanisms for effective counter-terrorism, which would meet international standards and principles of the rule of law.
