Involvement in the Commission of a Terrorist Act: Issues of Theory and Practice

Abstract

Ukraine’s integration into the international community entails certain obligations regarding the development of effective measures to counter terrorist activities. One of the primary and most effective measures to combat this socially dangerous phenomenon is the creation of clear and effective counterterrorism legislation; in particular, recent international conventions on counterterrorism reflect a trend toward expanding criminal law protections against terrorist acts. The amendments to the Criminal Code of Ukraine were intended to implement the provisions of Articles 5, 6, and 7 of the Convention, specifically establishing criminal liability for public incitement to commit a terrorist offense (Article 5), involvement in terrorism (Article 6), and training for terrorism (Article 7 of the Convention).
With the adoption of this law, the regulation of criminal liability for committing terrorist crimes has changed significantly. Thus, the Criminal Code of Ukraine was supplemented with Article 258-1, “Involvement in the Commission of a Terrorist Act”, which resulted from the legislative conditions necessary to ensure compliance with the provisions of the Council of Europe Convention on the Prevention of Terrorism in Ukraine. However, whether the introduction of criminal liability for involvement in the commission of a terrorist act is an effective criminal law tool for combating terrorism remains a matter of debate. The establishment of criminal liability for involvement in the commission of a terrorist, This is a matter of debate. The establishment of criminal liability for incitement to commit a terrorist act has also given rise to new challenges regarding the classification of criminal acts in practice, which, in turn, has necessitated the timely refinement of the theoretical foundations for applying this provision.