The Implementation Of The Provisions Of The Additional Protocol To The European Convention For The Terrorism Prevention In The Legislation Of Ukraine

  • Viacheslav Yemelianov
  • Anatolii Korostylenko
Keywords: implementation, terrorist act, terrorist crime propagation.


The author notes that the entry of Ukraine into the international community needs to improve of its legislation, particularly in the light of international legal instruments to which our state officially joined to. In particular, the Law of Ukraine dated July 3, 2006 № 54-V ratified the Council of Europe Convention on the Prevention of Terrorism from May, 16, 2005, and on October, 28, 2015 Ukraine signed the Additional Protocol to the European Convention about prevention of terrorism.
According to the authors of the article, it is necessary to change the term «act of terrorism» on a term «terrorist crime» in the Criminal Code of Ukraine. According to the current Criminal Code of Ukraine the term «terrorist act» covered only those acts that under art. 258 of the Criminal Code, while the range of terrorist offenses is not confined only to include terrorist acts and include many other crimes committed with a terrorist purpose.
According to the authors, one of the most dangerous is propaganda to promote and spread the ideology of terrorism, but the Criminal Code of Ukraine is not a separate offense envisaging responsibility for promoting and spreading the ideology of terrorism. This situation primarily generates contradictions in the criminal law, because of funding and propaganda spread the ideology of terrorism in accordance with art. 258-5 of the Criminal Code entails criminal liability and is funded terrorist act is not a criminal offense.
Therefore, in order to harmonize the norms of Ukrainian legislation with the existing international legal instruments consider it necessary to implement the criminalization of propaganda and spread the ideology of terrorism, providing signs the act in a separate article of the Criminal Code of Ukraine.