The scope of limiting human rights in terrorism prevention in Russia and other countries

Abstract

The paper analyzes the jurisdiction of law enforcement bodies in the prevention of terrorism. They outline the acceptable scope of limiting human rights during various administrative actions regarding persons suspected of committing crimes of terrorism. A comparative legal study is carried out. The authors describe the jurisdiction of law enforcement bodies in the UK and France in crime prevention regarding persons suspected of involvement in terrorist attacks. The authors specify such control measures (absent in Russian legislation), as identifying the actual place of residence, daily report to the police authorities, prohibition to visit certain places or areas, prohibition to leave the country, limitations in the choice of place of work or study, limited access to property or financial instruments, limited use of means of communication and the Internet. They draw attention to the foreign practice of preventive registration of persons when there are reasonable grounds to suspect them of involvement in extremist and terrorist activities. Such actions of special services are based on the norms of special legislative acts. The enactment of such laws is connected with extensive public debates with the active participation of legal scholars. At the same time, the heightened level of terrorism threat leads to a certain social consensus regarding the introduction of special limitations on basic human rights (political, civil, social and economic) with the purpose of counteracting terrorism. Foreign countries have some specific features of applying the limitation measures. In the UK such measures are imposed by a court decision at the request of internal affairs’ bodies. In France similar measures are imposed by the Minister of the Internal Affairs, while the interested party can challenge such limitations in the administrative proceedings. The authors conclude that the analyzed measures of control should also be introduced in Russian legislation. Foreign practice proves that they are relevant and should be used in a democratic society.