Problems of qualification of the financing of terrorism
Journal Title: ПИТАННЯ БОРОТЬБИ ЗІ ЗЛОЧИННІСТЮ - Year 2016, Vol 1, Issue 31
Abstract
The article is devoted to consideration of issues that cause difficulties in practice in the classification of the financing of terrorism. Given that terrorism is a global threat to humanity, the author draws attention to the need to comply with in practice, common approaches regarding the legislative definition of the characteristics of the financing of terrorism and the understanding of their content. The main drawback of the application of Art. 2585 of the Criminal code of Ukraine is the lack of unambiguous interpretation of the essential characteristics of this crime, in particular, its subject matter. On the basis of system analysis the subject of the financing of terrorism recognized by the money and other property, and intangible assets that complies with the provisions of the UN Convention «On the suppression of the financing of terrorism» of December 9, 1999. The financing of terrorism is an attempt to raise funds for terrorist activities or to provide them to achieve the desired result. Such actions are preparatory-interim commission of terrorist act by a terrorist or a terrorist fssociation sustainable (terrorist group or terrorist organization), in particular, at the stage of creating such associations. In addition, the article pointed out that the mandatory feature of the financing of terrorism is the goal, how the result sought to be achieved by the subject of the crime is financial or material provision of individual terrorist; terrorist groups; organization, preparation or commission of terrorist acts; the involvement in the commission of a terrorist act; public incitement to commit a terrorist act, creation of terrorist group (organization). In determining the availability of at least one species of such a target and the presence of other mandatory signs, the offense qualifies as the financing of terrorism in relevant part, Art. 2585 of the Criminal Code of Ukraine.
Authors and Affiliations
L. M. Demidova
Keywords
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