Phd. Anna I. Rozentsvaig Phd. Kseniya E. Kovalenko Phd

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Phd. Anna I. Rozentsvaig Phd. Kseniya E. Kovalenko Phd QUID 2018, pp. 120-124, Special Issue N°2, ISSN: 1692-343X, Medellín-Colombia BASIC APPROACHES AND DEFINITIONS OF INTERNATIONAL CYBERTERRORISM ENFOQUES BÁSICOS Y DEFINICIONES DEL CIBERTERRORISMO INTERNACIONAL (Recibido el 26-05-2018. Aprobado el 19-07-2018) PhD. Anna I. Rozentsvaig PhD. Kseniya E. PhD. Anna V. Gubareva Samara National Research Kovalenko Ural State Law University, University, Altai State University, Ekaterinburg, Russian Federation Associate professor, PhD in Law, Vice- Associate professor, PhD in Law, [email protected] dean of the Faculty of Law,Department Department of Labor, of Theory and History of State and Law Environmental Law and Civil and International Law, Samara, Procedure, Law Institute Barnaul, Russian Federation, Russian Federation. [email protected] [email protected] Abstract. In today's world, there is a global problem that threatens the tranquility of all humanity whose name is terrorism. Terrorism as a phenomenon, has three characteristics, peculiar attributes, which can be characterized as wrongfulness, surprise, massacre of victims. For an extensive description of such accompanying definitions it is not enough, therefore, for a complete nature it is necessary to uncover concepts to this definition from the point of view of different approaches. It's not a secret for anyone that there is not one precise, fixed definition of the concept of terrorism, each author interprets it in his own way. Terrorism is an unlawful act carried out by a person or group of people with self- serving intentions, which has the nature of danger, surprise and massacre of victims in order to intimidate the population in order to fulfill certain tasks on their part from the authorities. Keywords. Terrorism, clever, crime, criminal law. Citar, estilo APA: Rozentsvaig, A., Kovalenko, K. & Gubareva, A. (2018). Basic approaches and definitions of international cyberterrorism. Revista QUID (Special Issue), 120-124. 277 of the Criminal Code of the Russian Federation. A.I. Dolgova characterizes terrorism as a variety of 1. INTRODUCTION terrorist manifestations (acts), points to the complex, tribal nature of terrorism in relation to a Let us turn directly to the approaches in the number of generally dangerous acts and to the fact definition of terrorism. Terrorism has characteristic that "the concept of terrorism is much broader than features in various fields, like science, religion, the concept of crime of a terrorist nature." In her politics. Considers that the definition of VI. Dahl opinion, terrorism is the commission of socially corresponds to reality to a greater extent to the dangerous, criminally punishable acts in relation to concept of terrorism, thus, "terrorism" - as an life, health of people, rights and legitimate interests endeavor to intimidate death, execution, threats of of various actors in order to force a third party to violence and physical destruction, cruel punitive take the decisions required by terrorists. measures and torture, executions. This definition more determines the historical aspect, and at the To gain a deeper understanding of what moment with the development of science, international terrorism is, it is necessary to technology, weapons of mass destruction, terrorism understand its types. To date, distinguish types of is progressing in the ways of its manifestation. terrorism by two criteria. The first criterion is territorial: intra-state terrorism and international The modern dictionary of foreign words interprets terrorism, the second criterion for criminal terror as a policy of intimidation, suppression of motivation: political, national and religious. In political and class opponents with the use of studying this issue, we drew attention to a more violence, including physical destruction; a means of detailed description of the types of terrorism, which achieving political and other goals through is given in the article by D. Sochnev. and M. Abasov sabotage, killing, kidnapping, etc. In their opinion, terrorism can be divided into the following types and forms: state, ethnic, economic- criminal, targeted, individual, revolutionary, 2. DISCUSSION economic, criminal and religious terrorism. This classification is more detailed and allows us to focus Terrorism is a derivative of the term terror. Thus, on a more extensive interpretation of the listed types according to K.V. Zharinov terror is the of terrorism. implementation of repressions by the state against its citizens and political opposition in order to Some authors divide the state terrorism into internal paralyze its domination, and terrorism is inherent in and external state. If the first subspecies is typical oppositional political groups. According to E.P. for a single country that by violence is struggling or Kozhushko, terror is a policy of repression by the trying to fight any kind of dissent on the part of the state, based on the power of its institutions, and opposition authorities, then the external state terrorism is violence carried out by opposition absorbed itself the use of violence already abroad. It groups. The weapon of terror is repression, and the is considered the most dangerous and is divided into terrorist act is a weapon of terrorism. From here it is conspiratorial and military. We can say that such a possible to trace the difference, the terrorist act has subspecies is conspiratorial, and even in general a one-off and suddenness, and terror has the state terrorism supports the theory of artificially character of duration. The main similarity is created terrorism. violence. Ethnic terrorists set a goal to change the legislation In the definition of terrorism, there is an approach of the state towards the interests of their ethnicity. that reveals its essence collectively, that is, under An example of left-wing ethnic terrorism is the several crimes, all of which are committed with Basque ETA (ETA - Euskadi Ta Askatasuna, a violence. Basque terrorist organization). The Basque country itself is an unrecognized officially international M.F. Musaelyan points to the opinion of such an community, located on the border of Spain and author as A. V. Gyske, who under terrorism is France. The right ethnic - Chechen terrorists. The understood as the totality of crimes committed using most dangerous branch is the right one, an example violence. A. Brilliantov and V. Burkovskaya argue of which is the capture of hostages in the city of that terrorism is a complex social phenomenon, Budyonnovsk in 1995. while the actions provided for in Art. 205 of the Criminal Code of the Russian Federation, are only Economic-criminal is most similar to the activities one of its possible manifestations alongside, for of an organized criminal group (hereinafter OCG), example, with the acts provided for in Art. 206 and as the struggle for spheres of influence in the economy, the individual more involves terrorism extend to the category of marine terrorism blackmailing one individual to achieve a goal from in full. the authorities, manifested in the seizure of air transport, the revolutionary more deepens into At the same time, L.A. Mogiorian believes that the history, an example of which is the expression of main danger of terrorism at sea is not only that it "Narodnaya Volya", the criminal is connected with threatens the safety of maritime navigation, but also contract killings of politicians at the request of tramples on the social principle of freedom of the influential bankers. seas. In this regard, the question arises of the correlation between the phenomena of sea piracy Equally interesting are religious, computer, and terrorism at sea, as crimes that encroach on the ecoterrorism. Religious, for example, is the most freedom and safety of navigation and require the dangerous and frequent, arising on the basis of application of measures to respond to such religious affiliation and the protection of its manifestations of violence in the sea. interests. L.A. Mogiorian said that the terrorism on the sea is As for international terrorism, such an author as slightly different from the piracy known from time L.A. Mogiorian detailed his vision. International immemorial. At the same time, L.A. Mogiorian terrorism, in his opinion, is determined by signs, admits that pirates tend to pursue personal goals, of namely: if the terrorist act is committed in which enrichment is common, while terrorists are absolutely other countries than there, citizens of inspired by political aspirations that can be which are the terrorists themselves, if the crime is expressed in the struggle of certain political groups directed against persons who enjoy international for power. protection, if the preparation itself took place outside the country's national belonging to terrorists, Now we will trace such moments of the if a terrorist commits an act in one state. And he manifestation of terrorism as taking a human or takes refuge in quite another - the question arises of group of persons hostage. his extradition. In general, international terrorism In the Russian legislation, this crime has a separate most often manifests itself in an attack on officials qualification, but is closely related to Art. 205 of the of another state - ambassadors, consuls, on ships and Criminal Code of the Russian Federation, that is, a buildings enjoying international protection. terrorist act. At the international level, such crimes Important is the issue of a small deepening in the are also closely related. The main difference is that concept of terrorism at sea (piracy) and terrorism in the terrorist act itself a priori leads to casualties, and information systems (cyberterrorism). As for piracy, the capture of the hostage by the terrorists of the the clearest parameters are reflected in the United victims may not have, depending on this, Nations Convention on the Law of the Sea of 1982 qualifications to differ. The time has come when the in Art. 101. Piracy, according to this document, any world community needed to take concrete actions in act of a forcibly detained private vessel by another the fight against terrorism and in particular with vessel for the purpose of robbing ship's citizens, the hostage taking.
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