ORGANIZATIONAL AND LEGAL OBSTACLES TO THE FORMATION OF THE UKRAINIAN LIST OF TERRORISTS

Abstract

The designation of organizations or individuals as "terrorists", as a punishment or to create grounds for enhanced control, is not a new phenomenon. The United Kingdom has used the prohibition of certain organizations in its fight against terrorist groups in the North of Ireland since the 1920s. Other countries, such as Germany, have also banned extremist groups from their territory long before the events of September 11, 2001. However, it was the terrorist attacks in New York that gave impetus to strengthening international cooperation to combat terrorism, and pioneered the use of internationally agreed lists of target groups and individuals whose criminal terrorist activities have become cross-border. It took Ukraine almost two decades to create its own "terrorist list" in July 2020. However, in the two and a half years since the adoption of the Procedure for Compiling the List of Persons Associated with Terrorist Activities or Subject to International Sanctions, it has never been amended. This may be an indicator of the disconnect between practice and legislation and the existence of serious institutional problems in this area. The purpose of the study is to identify the factors that impede the formation of a list of persons associated with terrorist activities. The analysis of the procedure for the formation of the Ukrainian "terrorist list" and the results of the work of the SBU and the Ministry of Foreign Affairs of Ukraine showed that these bodies, although vested with the relevant functions, are not engaged in the formation of the list. The reasons for this are the lack of the necessary legal framework and the low level of cooperation between the SBU and the MFA with other states and international organizations. The list itself, in turn, is a copy of the international "terrorist list" and has no impact on improving the situation with terrorism prevention in Ukraine. It has been established that it is almost impossible to include persons (organizations) engaged in terrorist activities on the territory of Ukraine in the national "terrorist list". The factors that impede the formation of the list of persons involved in terrorist activities are as follows: Russia's place in the UN Security Council; the passive position of the SSU and the Ministry of Foreign Affairs of Ukraine regarding the submission of proposals to other states and international organizations to include Russian terrorists in international "terrorist lists"; the sabotage by the Government of Ukraine of the process of adopting the resolution "On Approval of Evidentiary Standards of Reasonable Suspicion...", which is why no person (organization) can be included in the "terrorist list" in administrative proceedings.