Academic literature on the topic 'Concept of counteraction to bioterrorism'

The term “delinquency counteraction” is now often found on the pages of regulatory legal acts, scientific and educational publications, without having an unambiguous definition. Combining the activities of identifying, preventing, suppressing and investigating criminal acts committed in various spheres of society, minimizing harm caused by criminal activity, as well as prosecuting persons guilty of committing crimes, delinquency counteraction has indeed become a systemic concept in research of a separate type of law enforcement activity. In this regard the activities of officials of law enforcement and judicial bodies related to the preliminary investigation of crimes, criminal proceedings are considered as criminal procedural delinquency counteraction. Based on the analysis of the legal and empirical base, the existing theoretical views, the article substantiates the allocation of criminal procedural crime as a separate direction, identifies problematic issues of the beginning of its implementation, and also formulates conclusions and proposals for improving criminal procedural legislation from the standpoint of protecting rights and legal interests of participants in criminal procedural legal relations.

The article discusses a number of terms used to denote the activities of the state to combat crime. It is indicated that at present the term counteraction has begun to be widely used in legislation, which requires clarification of this concept. Arguments are given about the relevance of the term “counteraction”, its meaning and relationship with other terms, primarily with the concepts of “fighting crime” and “crime control”. The meanings of the words “counteraction”, “struggle” are considered, it is concluded that it would not be correct to identify the counteraction of crime with its prevention, exactly as with preventive activity.
 Analyzing the concept of crime control, the author states that it is being put forward in the form of a new strategy in the ORD, although its development is not very intensive today. It is concluded that measures to counter crime, such as the detection and disclosure of crimes, should also be supplemented by a system of preventive measures, such as influencing organized criminal groups and communities in order to separate them, undermining the economic foundations of organized crime, depriving the organizers of organized crime groups and OPS of authority, etc.

The article analyzes the international legal acts on issues of counteraction to bioterrorism. It has been established that Ukraine is implementing effective cooperation on issues of mutual interest with bioterrorism both at the universal and regional levels (with NATO, CIS, EU), as well as at the bilateral level. The role of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and on their Destruction (CBTZ), Ukraine as a full member is determined. To strengthen the provisions of the Convention at the national level, a number of laws and regulations have been adopted, the purpose of which is to exclude the possibility of conducting activities in violation of the requirements of the OSCE. In general, the legal basis for combating bioterrorism is the Law of Ukraine dated March 20, 2003 “On the Fight against Terrorism”; the basis of the national system of “export control” are the laws of Ukraine “On Foreign Economic Activity” of 17.05.1991, “On State Control over International Transfers of Military and Dual-Use Goods” of 20.02.2003, the KPiminal Code of Ukraine of 05.04.2001, in the articles of which (art .439, art. 440) provides for liability for activities contrary to the Constitution. Information is given about activities of medical, scientific, specialized and production institutions in Ukraine that have micro-organisms banks or work with products of their vital activities, and are included in the scope of the CBT. Also in Ukraine, the inter-governmental intergovernmental organization Ukrainian Science and Technology Center was established in Ukraine. The emphasis is on Ukraine’s accession to the Global Health Security Agenda, the global initiative of the Centers for Disease Control (USA), which began in February 2014, to build a safe world protected from the dangers of infectious diseases. Appropriate conclusions were drawn about the priority task of Ukraine in developing a legislative position on the development of a package of legal acts in the field of combating bioterrorism, adopting recommendations for the implementation of the provisions of the Convention (CBTZ) and implementing other, no less important, strategic plans

In the current military-political context, with the Cold War having ended, we find ourselves in full anti-terror war, in which Romania is a direct participant, as a member of N.A.T.O. and the E.U., and the issue of biological warfare and bioterrorism is again highly topical but bearing other valences. There is information that there are still laboratories and plants specializing in the research and manufacture of biological weapons. Most of the results of such research are not intended to be published; however, a number of research guidelines that testify to the trends in the improvement of biological weapons and their means of use can be deduced from the data published by researchers from several research institutes. We believe that the threats posed by bioterrorism are real and that it is mandatory to be prepared at any time to prevent, combat and liquidate the consequences of ""bio-chem"" attacks, respectively the management of the consequences.

Warfare is an activity that has been conducted between humans since ages.Humans repeatedly practiced this activity, employed multiple strategies,and used different weapons in order to vanquish the enemy. Among these innumerable weapons, biological and chemical are of substantial significance. These biological and chemical agents have been used historically as weapons of destruction by states. The concept of using bio and chemical agents is even before the concept of statehood. These infectious weapons were employed in wars so as to vanquish the enemy forces. These weapons were available for a long, but their use was only sporadically, and they were employed stealthily.

The subject of the research is the mechanism of overcoming the counteraction to the crimes of investigation and mechanism of marking formation, patterns of overcoming the counteraction to the crimes of investigation, their technological and criminalistic support, tactical and criminalistic support, methodological and criminalistic support of activities performed by law enforcement agencies and court. This is the first research to create a criminalistic teaching about overcoming the counteraction to the crimes of investigation and to develop an integral concept of such study as a combination of interrelated ideas and concepts. The methodology of the research includes general research methods (observation, description, comparison, experiment and modelling as sense-based research methods, analysis, synthesis, induction, deduction, analogy, hypothesis and abstraction as logical research methods, measurement, calculation and geometrical construction as mathematical methods). The author has also used special criminalistics methods (criminalistic identification, dactyloscopy, odorology, planning of investigative activities and organisation of investigation) as well as special methods from other branches of science such as physical, chemical and physical-chemical methods, anthropological and anthropometric methods, sociological methods and psychological methods. The scientific novelty of the research is caused by the fact that the author offers a new branch of criminalistics, criminalistic teaching about overcoming the counteraction to the crimes of investigation and development of the integral concept thereof based on rules and patterns of criminal procedure. 

Дисертацію присвячено комплексному дослідженню проблем адміністративно-правового забезпечення протидії біотерористичним загрозам в Україні. Здійснено аналіз термінологічного апарату антитерористичного законодавства на предмет визначення суспільно-правової сутності біотероризму, а також подано систематизацію доктринальних положень. Особливу увагу приділено механізму практичної протидії можливим загрозам біотерористичної діяльності з боку вищих органів державної влади. Доведено, що факт існування біологічного тероризму як глобальної проблеми світової спільноти вимагає консолідації зусиль усіх держав, а участь України у цьому процесі здійснюється у відповідності до міжнародних договорів. Обгрунтовано висновки і пропозиції щодо ліквідації юридичних дефектів у законодавчих актах, які регулюють суспільні відносини в сфері боротьби з біотероризмом, й розроблення національних програм з біобезпеки та запобігання проявам біологічних загроз.<br>Диссертация посвящена комплексному исследованию проблем административно-правового обеспечения противодействия биотеррористически угрозам в Украине. Осуществлен анализ терминологического аппарата антитеррористического законодательства на предмет определения общественно- правовой сущности биотерроризма, а также представлено систематизацию доктринальных положений. Особое внимание уделено механизму практической противодействия возможным угрозам биотеррористической деятельности со стороны высших органов государственной власти. Доказано, что факт существования биологического тероризма как глобальной проблемы мирового сообщества требует консолидации усилий всех государств, а участие Украины в этом процессе осуществляется в соответствии с международными договорами. Обоснованы выводы и предложения по ликвидации юридических дефектов в законодательных актах, регулирующих общественные отношения в сфере борьбы с биотерроризмом, и разработка национальных программ по биобезопасности и проявлений биологических угроз.<br>The thesis is devoted to the complex study of the problems of administrative and legal support for counteraction to bioterrorist threats in Ukraine. The terminological apparatus of anti-terrorist legislation has been analysed to determine the socio-legal nature of bioterrorism, as well as the systematization of doctrinal provisions declared by the representatives of legal and other social sciences. Biosafety, counteraction to bioterrorism has been found to be an integral part of national security, but any guidance on issues of threat of technogenic, including nuclear and biological, terrorism; the impact of harmful genetic effects in populations of living organisms, genetically modified organisms, biotechnologies, etc., unfortunately, are absent. Moreover, the current national legislation of Ukraine does not contain a clear and justified definition of the term "bioterrorism". In the aspect of consideration of the issue of regulatory acts of counteraction to bioterrorism, it is proposed to amend the Law of Ukraine "On Counteraction to Terrorism" in terms of consolidating the concept of "biological terrorism". The author substantiates the principle of legitimacy of administrative and legal support of counteraction to biological terrorism as a specific element of the complex social-negative category of "terrorism", which will make it possible to draw the attention of the legislator to the need for further detailing at the level of laws and regulations of the system of regulatory legal acts, aimed at preventing and counteraction to bioterrorism. The analysis of international legal acts on the issues of counteraction to bioterrorism is carried out. Indeed, in its complex interaction, the reproduction of norms of national law in the norms of international law, and vice versa, serves to achieve effective results in the field of counteraction to bioterrorism and overcoming its negative consequences. The Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and on Their Destruction (CBTC), of which Ukraine is a fully legitimate party, has been determined to play a significant role. Special attention is paid to the mechanism of practical counteraction to the possible threats of bioterrorist activity by the higher bodies of state power. The main administrative and legal measures for countering bioterrorism are described, namely: measures of administrative prevention, measures of administrative termination, measures of administrative responsibility. The role of public in the prevention and counteraction of bioterrorism has been noted. The role of the main institutions in the administrative and legal support of counteraction to bioterrorism through the analysis of organizational and legal bases of their activity is clarified. The main institutions of administrative and legal support for counteraction to bioterrorism include: the Cabinet of Ministers of Ukraine, the State Emergency Antiepizootic Commission under the Cabinet of Ministers of Ukraine, the National Security and Defence Council of Ukraine, the Security Service of Ukraine, the Ministry of Health, the Ministry of Energy and Environment Protection of Ukraine and the State Emergency Service of Ukraine. These institutions at various levels carry out coordination, control and surveillance activities, law enforcement intelligence operations, covert investigative procedures, etc., in accordance with their competence, in order to counteract to the manifestation of bioterrorism. The role of introduction of administrative and legal regime of emergency ecological situation as an organizational and legal instrument of counteraction to bioterrorism is investigated. It is found that today there are a number of provisions in the current legislation of Ukraine concerning both general measures to counteraction to bioterrorist manifestations and introduction of administrative and legal regime of emergency environmental situation. It is established that in practice the introduction of administrative and legal regime of emergency environmental situation in Ukraine has been carried out in order to neutralize the consequences of catastrophes and accidents of anthropogenic nature. It is determined that the administrative regime of the environmental situation involves the introduction of a complex system of rules aimed at neutralizing the effects of environmental catastrophe, which is caused by both objective and subjective factors. The act of biological terrorism is a subjective factor, although the strains of viruses, used for illegal criminal purposes, occur naturally. It is concluded that the importance of administrative and legal regime in counteraction to biological terrorism is secondary, since its introduction is already a consequence of committing a bioterrorist act. The primary role in counteraction to the manifestation of biological terrorism is played by measures to prevent this phenomenon. It is proved that the existence of threats of biological terrorism as a global problem of the world community requires consolidation of efforts of all states, and Ukraine’s participation in this process is carried out in accordance with international treaties and effective cooperation both at universal and regional (with NATO, CIS, EU) and two-sided levels. There are substantiated conclusions and proposals for the development of national biosafety programs and the prevention of biological terrorism in Ukraine.

The events analysis since the beginning of the aggravation of relations between Ukraine and Russia evidences about the inefficiency of information policy, incoordination of activity of different subjects of ensuring the information security of the state, the weak presence of Ukraine in the world information space etc. At the same time, the problems of ensuring the information security of the state and realization of effective set of counter-propaganda measures, realization of information policy, aimed at consolidating Ukrainian society and the international community for the purpose of suppression of armed aggression are identified by the higher military-political governance of Ukraine as the most priority. Various internal and external factors negatively affect at the ability of Ukraine to adequately respond to challenges and risks in the military sphere. The insufficient and unprofessional efforts of Ukraine’s state authorities in the field of counteraction to the Russian Federation’s propaganda and information-psychological operations are the most important ones. That’s why there’s necessity of development the system of opinions and determination of the plan of the higher military-political governance’s of Ukraine actions regarding the implementation of state information policy and providing of information security of Ukraine and legislative definition of a conceptual document. Besides the importance of this fact consist in that after the restoration of the territorial integrity of Ukraine the main aims of military policy will be prevention the emergence of new armed conflicts, systematic strengthen the state's defense capability and increasing the role and authority of Ukraine in the international area.