Mechanisms for freezing terrorist assets and their using within the operational-search activity

¹ Saint Petersburg University of the Ministry of the Interior of Russia, Department of Operational-Search Activity, Saint Petersburg, Russia
² Saint Petersburg University of the Ministry of the Interior of Russia, Department of Citizen Rights and Civil Proceedings, Saint Petersburg, Russia
³ Saint Petersburg University of the Ministry of the Interior of Russia, Department of Economic Security and Social and Economic Processes Management, Saint Petersburg, Russia

^* Corresponding author: petrogradets@bk.ru

Abstract

One of the areas of focus of counterterrorism efforts is eliminating the financial capabilities of terrorism. It is performed using different mechanisms which include tools of freezing property used for acts of a terrorist nature or their financing. The results of the application of the above-mentioned mechanisms allow making a supposition of the lack of efficacy of their use. As can be seen from the above, a need for scientific studies of problems related to using tools of freezing terrorists’ assets arises in order to increase its efficiency. The purpose of this study is to identify problems arising in the field of using tools of freezing property belonging to persons involved in acts of a terrorist nature. The empirical foundation of the study was the information concerning the activity progress in the area of combating the financing of terrorism, as well as the legal instruments that regulate this work. As part of the study, the methods of theoretical modeling, analysis and synthesis of principles of law and legal interpretation were applied. The study performed allowed coming to some results not previously presented in the scientific literature. Thus, the authors drafted proposals of affording a legal opportunity for all authorities authorized to perform operational-search activity, of submitting in a proactive manner at the Rosfinmonitoring (the Federal Financial Monitoring Service of the Russian Federation) the documents containing foundations for the insertion in the List of Individuals and Groups, in respect of which there is information about their involvement in extremist activities or terrorism, as well as of introducing changes in Art. 11 of the Federal Law “Concerning operational-search activity”, which allow using the results of operational-search activity for making decisions on freezing assets belonging to persons involved in acts of a terrorist nature or its financing.