Issues of countering nuclear terrorism and limiting human rights while repelling threats in the airspace
Background. Anti-terrorist legislation in a crisis situation allows the Armed Forces, under certain conditions, to destroy aircraft hijacked by terrorists. The mechanism of legal regulation of such suppression is theoretically insufficiently developed and balances on the sharp line between consti...
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| Formato: | article |
| Lenguaje: | EN RU |
| Publicado: |
Penza State University Publishing House
2021
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| Materias: | |
| Acceso en línea: | https://doaj.org/article/71a827b770e94b649e39d38fb9dcef94 |
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| Sumario: | Background. Anti-terrorist legislation in a crisis situation allows the Armed
Forces, under certain conditions, to destroy aircraft hijacked by terrorists. The mechanism
of legal regulation of such suppression is theoretically insufficiently developed and balances
on the sharp line between constitutionality and ensuring the security of society and
the state. The law does not take into account possible differences in the legal personality of
passengers. The purpose of the research is to attempt to investigate the complex legal issues
of suppressing terrorist attacks in the air against radiation hazardous objects using hijacked
aircraft. Materials and methods. The article analyzes the norms of the basic Federal law
“On Countering Terrorism” in terms of implementing the constitutional provisions on human
rights and ensuring public safety when using weapons to eliminate the threat of a terrorist
attack in the air and its suppression in relation to radiation-hazardous objects.
The specific sociological and comparative legal methods used by the author allow us to
compare certain elements of the legal subsystem of countering terrorism with constitutional
and international legal provisions and approaches. Results. The analysis of the subjects’
powers of countering acts of nuclear terrorism indicates the need to improve the legal
framework to provide a clearer and clearer legal basis for suppressing terrorist attacks using
aircraft seized by terrorists. Conclusions. The prevention of acts of nuclear terrorism involving
the use of aircraft seized by terrorists as an instrument of crime by destroying them
requires the improvement of anti-terrorist legislation aimed at ensuring the suppression and
minimization of possible negative consequences. |
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