Тероризм: історичні витоки і генеза кримінально-правового поняття

The scientific article examines a group of issues related to the historical development and genesis of the criminal law concept of terrorism, starting from its first manifestations in ancient times to the modern period. The author focuses on the evolution of terrorism as a social phenomenon that has undergone significant transformations, turning from an instrument of strict state management into an effective means of fighting against government structures in various countries. The article reveals both methods and forms of terrorism that have transformed over time, and in particular the impact of globalization on modern manifestations of terrorism. Particular attention is paid to criminal legal aspects of terrorism in the context of national and international legislation. The author analyzes the role of Ukrainian legislation in countering terrorist acts, in particular, legislative initiatives of Ukraine in the fight against terrorism and its accession to international anti-terrorist documents. The provisions of the Law of Ukraine “On Combating Terrorism” and the corresponding articles of the Criminal Code regulating liability for terrorist acts are being studied. At the same time, emphasis is placed on the need for legislative improvement of these provisions. The author’s positions of Ukrainian and foreign scientists regarding the scientific understanding of the phenomenon of terrorism and its antisocial manifestations and legal features are analyzed and highlighted. The article also provides a comparative analysis of counter-terrorism measures in some countries of the world. The importance of a unified approach to the definition of terms related to terrorism and the need to clearly distinguish the concepts of “terrorist act”, “terrorist organization”, “terrorism” for a more effective criminal law assessment of these crimes are analyzed. Emphasis is placed on the complexity of modern forms of terrorism, which are characterized by a wide range of illegal activities, well-established international coordination, the absence of clear state borders, and significant material support. The importance of developing new legal and practical mechanisms for combating terrorism, which will meet modern challenges and threats, while not violating the basic guaranteed rights and freedoms of a person and a citizen, is emphasized.