Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 79
Octubre
Diciembre
2023
Recibido el 27/03/23 Aceptado el 11/06/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 41, Nº 79 (2023), 128-141
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Combating the nancing of terrorism in
the conditions of military aggression on
the territory of Ukraine
DOI: https://doi.org/10.46398/cuestpol.4179.09
Kira Gorelkina *
Rostyslav Pyliavets **
Andrii Biliuha ***
Roman Aliiev ****
Volodymyr Bondar *****
Abstract
The article analyzes modern terrorist threats in the context
of military operations on the territory of Ukraine, which are
associated not only with terrorist attacks on critical infrastructure
facilities, but also with the active use of nancial assets, the latest
technologies and innovative nancial instruments. An analysis of
the concepts of «military terrorism», «nancing of terrorism», as well as
of the Ukrainian system of combating the legalization of proceeds of crime,
nancing of terrorism, was carried out, which allowed to identify and assess
the main trends and directions of development of such countermeasures, to
indicate the existing shortcomings and develop mechanisms for improving
the analyzed system at the local and international level. A conclusion
was reached on the need to strengthen interdepartmental and interstate
cooperation, to establish links between regional anti-terrorist structures
of law enforcement and special services, and to use units and units of the
armed forces in the ght against military terrorism.
Keywords: terrorist nancing; military terrorism; legalization of funds;
counterterrorism; armed forces units.
* PhD., in Law, Associate Professor of the Department of Public and Private Law in V.I. Vernadsky
Tavrida National University, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0001-9109-9488.
Email: cgorelkina@gmail.com
** Candidate of Historical sciences, Assosiate Professor, Аssosiate professor of History of Wars and
Military Art Chair of National Defence University of Ukraine named after Ivan Cherniakhovskiy, Kyiv,
Ukraine. ORСID ID: https://orcid.org/0000-0002-2641-053X. Email: rost0404@gmail.com
*** History of wars and Military Art Chair PhD Student of National Defence University of Ukraine named
after Ivan Cherniakhovskiy, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0001-9071-4442.
Email: andreibeluga@gmail.com
**** Candidate of Law, Assosiate Professor, Head of the Research Laboratory of Legal Support of Troops
(Forces) of the Department of Legal Support of the Humanitarian Institute of the National Defense
University of Ukraine named after Ivan Chernyakhovsky, Kyiv, Ukraine. ORСID ID: https://orcid.
org/0000-0002-4309-3652. Email: roman-aliev76@ukr.net
***** PhD, Associate Professor, Professor of the Department of Criminal Law Disciplines, Luhansk State
University of Internal Aairs named after E.O. Didorenka, IvanoFrankivsk, Ukraine. ORСID ID:
https://orcid.org/0000-0003-1552-4555
129
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 128-141
Lucha contra la nanciación del terrorismo en las
condiciones de agresión militar en el territorio de
Ucrania
Resumen
El artículo analiza las amenazas terroristas modernas en el contexto de
las operaciones militares en el territorio de Ucrania, que están asociadas no
solo con ataques terroristas en instalaciones de infraestructura crítica, sino
también con el uso activo de activos nancieros, las últimas tecnologías e
instrumentos nancieros innovadores. Se llevó a cabo un análisis de los
conceptos de «terrorismo militar», «nanciamiento del terrorismo», así
como del sistema ucraniano de lucha contra la legalización del producto
del delito, el nanciamiento del terrorismo, que permitió determinar
y evaluar la principales tendencias y direcciones de desarrollo de tales
contramedidas, para indicar las deciencias existentes y desarrollar
mecanismos para mejorar el sistema analizado a nivel local e internacional.
Se llegó a una conclusión sobre la necesidad de fortalecer la cooperación
interdepartamental e interestatal, establecer vínculos entre las estructuras
antiterroristas regionales de las fuerzas del orden y los servicios especiales,
y utilizar unidades y unidades de las fuerzas armadas en la lucha contra el
terrorismo militar.
Palabras clave: nanciamiento del terrorismo; terrorismo militar;
legalización de fondos; contraterrorismo; unidades de
las fuerzas armadas.
Introduction
Terrorism is one of the most threatening socio-political and socio-
economic phenomena of the modern world. Global world security, as well
as the security environment of individual regions, not to mention even
individual countries – all this is the object and actual sphere of manifestation
of terrorist activity of the relevant associations, groups, troops (forces). Its
extreme form of manifestation – acts of military aggression, terrorist attacks
on critical infrastructure facilities and harmful industrial productions not
only cause damage by the very fact of committing attacks, but have negative
socio-economic consequences of large and long-term scales. Globalization
and transnationalization of production, movement of capital and labor
reserves, informatization and digitization of social and economic processes
– all this creates new opportunities for the development of terrorist groups.
According to the conclusions of the vast majority of the world’s leading
experts, and this is obvious in our opinion, the real and potential threats
130
Kira Gorelkina, Rostyslav Pyliavets, Andrii Biliuha, Roman Aliiev y Volodymyr Bondar
Combating the nancing of terrorism in the conditions of military aggression on the territory of Ukraine
caused by international state terrorism on the part of the Russian Federation
(hereinafter – the RF)are currently the most likely and most dangerous for
Ukraine. Since the beginning of the Russian aggression and annexation of
Crimea, as well as the direct participation of the armed forces of the RF
in terrorist activities, the direct leadership of illegal armed forces in the
Donbas, the large-scale arming and training of terrorists, the situation in
Ukraine has fundamentally changed (Grynenko et al., 2015).
Terrorist activity in Ukraine has its own characteristics. On the one
hand, it contains signs of international terrorism that threatens European
and global security, and on the other hand, it is one of the means of waging
a hybrid war of the RF against Ukraine. At the beginning of the anti-
terrorist operation in 2014, terrorist activities were mostly expressed in the
commission of explosions, shelling, killings, hostage-taking, obstruction of
the Organization for Security and Cooperation in Europe (hereinafter – the
OSCE) monitoring mission. Recently, it has become open, comprehensive
and massive, combined with special information operations, cyberattacks
and cyber incidents, as well as encroachments against critical infrastructure.
The mentioned circumstances create a need to change the approaches to
combating and ghting international terrorism, placing new emphasis on
preventive measures, wider application of modern technologies in the eld
of detection and monitoring of potential terrorists.
1. Methodology of the study
In scientic work, in accordance with its purpose, tasks, object and
subject, general scientic and special methods of cognition are used. An
active methodological approach is used to learn the essence of international
terrorism, terrorist nancing, the subject, object, mechanism and results
of combating the nancing of terrorist activities. The use of the historical
method contributed to the analysis of individual stages of combating the
nancing of terrorism in some countries.
The logical-dogmatic method was used in the interpretation of the
categorical parastatus used in the study. The comparative legal method is
applied to the study of foreign and international experience in combating the
nancing of terrorism. The system-structural method of knowledge made
it possible to reveal the directions of combating the nancing of terrorist
activities, to assess its role in the strategy of waging a hybrid war of the RF
against Ukraine, to analyze the quantitative and qualitative indicators of
terrorist crimes, to develop measures to combat terrorist activities.
131
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 128-141
2. Analysis of recent research
Considerable attention was paid to the study of various aspects of
manifestations of terrorism (terrorist activity) and counteraction to this
phenomenon by domestic and foreign scientists and practitioners (Tkach,
2013; Malyy, 2016; Tierney, 2018; Zharovska, 2019; Morse, 2019; Wall,
2020). However, their research in this area does not exhaust all aspects
of international legal countermeasures to the nancing of terrorism, in
particular military terrorism, as a certain system of war crimes and military
practices connected with it, the manifestations of which are extremely
relevant at the current stage of Ukrainian resistance to Russian terror.
Thus, it is obvious that there is an urgent need for a comprehensive
analysis of such phenomena as: «military terrorism» as a key legal
phenomenon and determination of its role and place in the system of
international legal order and peace security, «nancing of terrorism»,
counter-terrorism». The problematic nature of this issue is also due to the
fact that the RF constantly tries to export terror and spreads this strain, the
strain of «wars» throughout the world.
3. Results and discussion
3.1. The essence of military terrorism and terrorist nancing
Today, the problem of ensuring peace and international security
is almost the most urgent for every country in the world. Terrorism is a
socially dangerous activity that consists in the deliberate, purposeful use
of violence by taking hostages, arson, murder, torture, intimidation of the
population and authorities or committing other attacks on the life or health
of innocent people or threatening to commit criminal acts with with the aim
of achieving criminal goals (On The Fight Against Terrorism, 2005).
Separating the issue of military terrorism from the general system of
the international legal denition of «terrorism», it should be noted that
the famous Israeli journalist and public gure A. Entova once noted that:
«Terror is the war of the fourth generation... And in war, people must
behave morally, and in war there are things that are permissible, there are
things that are necessary, and there are things that are unacceptable that
you can do without, and if you can do without, you have to do without»
(Asya Entova in the 2nd part of the program «With capital letters» explains
what Herzl is guilty of and whether « democracy is organized blackmail»,
2016).
The «International Convention on the Suppression of the Financing of
Terrorism» emphasizes that it is about harming people who do not take
132
Kira Gorelkina, Rostyslav Pyliavets, Andrii Biliuha, Roman Aliiev y Volodymyr Bondar
Combating the nancing of terrorism in the conditions of military aggression on the territory of Ukraine
an active part in hostilities. It follows that terrorism is armed violence, but
not that in which the state participates. The battle is not conducted by a
regular army and the object of attack in it is not the military, but the civilian
population, and today it is usually the masses, not the elite. The goal of the
terrorist war is territorial conquest, with the goal of changing society itself.
It is in such cases that «war» can take the form of terrorism.
Considering «military terror» through the prism of «war», it should be
noted that on the one hand, modern terror is indeed a war, since modern
terrorists use armed violence using their regular armed forces – on the
other hand, terrorists operate in conditions of formal peace between states
, but their main calculation is not based on the power factor, which they do
not have much of, but on the creation of public pressure or an anti-moral
civil position.
At the same time, one should understand the dierence between the
concepts of «terror» and «terrorism»: terror is the subject of a crime, the
state, the object of encroachment is the population; terrorism - the subject
of the crime is a person, a group of persons, the object of the attack – the
state, state institutions.
Thus, «military terrorism» is armed violence by military formations
(private military formations) of the regular army of the aggressor state
against the civilian population, which is carried out for the purpose of
waging a war of aggression and involves the annexation of territory using
terrorist methods.
It is undeniable that international military terrorism and its nancing
is a threat not only to human rights, the rule of law and democracy, but
to all internal and international security. Therefore, such threats require
their study and analysis, as well as the strengthening of international
determination and multilateral cooperation at all levels.
The intensication of terrorism and separatism in Ukraine, which is
taking place against the background of active military operations caused by
the aggression of the RF, formulates the task of combating their nancing
in a new way and requires the adoption of strict measures to control
nancial ows. Therefore, the activity of identifying and eectively blocking
the channels of nancial support of terrorist and separatist organizations
should be one of the key areas of the long-term strategy of state institutions.
The main external factors that increase the threat of terrorism include:
Ukraine’s geopolitical position at the intersection of the spheres of inuence
of the RF, Western countries, the USA, Turkey, and the countries of the
Muslim world; the existence of migration ows through Ukraine from
terrorist-dangerous regions; terrorist activities of RF mercenaries and
sabotage and intelligence groups; large-scale illegal supplies of almost all
types of weapons from the RF to some areas of the Donetsk and Luhansk
133
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 128-141
regions occupied by it; powerful information war of the RF against Ukraine,
etc.
Among the internal factors of heterogeneity, the following should
be singled out: a combination of criminal and terrorist activity, which
is manifested in the involvement of representatives of criminality as
perpetrators of terrorist attacks and mercenaries during the military
aggression of the RF; corruption of certain sectors of society; spread of
illegal weapons circulation in Ukraine; low eciency of law enforcement
and judicial systems of government; heating up «separatist sentiments»
(Shamara et al., 2011).
Terrorist activities require nancial support. At the same time, the
practice of combating the nancing of terrorism by the international
community shows the fact that terrorist organizations seek to use the
simplest, most accessible and understandable methods of transferring
funds.
A specic feature of the formation of nancial resources by terrorist
organizations is that the sources of funding can have both legal and
illegal origins – criminal activity, drug tracking, human tracking,
smuggling, corruption. Therefore, the concepts of «money laundering» and
«terrorist nancing» are often related to each other, because individuals
and organizations that nance terrorism carefully disguise the real origin
and direction of funds, which makes it dicult to identify them. However,
unlike money laundering, which is mostly aimed at concealing the source of
income, the main goal of individuals involved in the nancing of terrorism
is primarily to conceal the nature of the nanced activity (Combating
the Financing of Terrorism: Investopedia, 2020). Sources of funds that
move through the nancial sector can also have a completely legal nature.
Typically, terrorist nancing includes not only the nancing of terrorist acts
as such, but also the support of criminal infrastructure.
Thus, the nancing of terrorism involves not only the preparation and
execution of terrorist acts, but also the provision of their organizations,
propaganda of ideology, recruitment, training and training of new
members of the organization, payment of bribes, movement between
cities or countries. In addition, part of the funds can be used to create the
appearance of legal activity, in particular controlled structures engaged in
commercial or credit-nancing activities (Financing of terrorism, 2020).
Financial support for terrorist and separatist activities can occur both
through the direct transfer of assets, funds and weapons, and remotely, that
is, using the services of the nancial system (State Financial Monitoring,
2014).
It is possible that terrorist organizations and separatist movements
independently ensure their existence in places of particularly active presence
134
Kira Gorelkina, Rostyslav Pyliavets, Andrii Biliuha, Roman Aliiev y Volodymyr Bondar
Combating the nancing of terrorism in the conditions of military aggression on the territory of Ukraine
by exploiting the local population, mining, processing and production
facilities in the region of presence. So, for example, in the temporarily
occupied regions of Ukraine, enterprises, in particular, from coal mining,
are captured and exploited. Other businesses and the population are forced
to pay so-called «taxes» collected by representatives of the occupiers,
terrorist organizations and separatist movements.
Criminals can use a number of methods that involve the use of nancial
infrastructure in order to cover up the nancing of terrorism. Banks, non-
banking institutions, charitable organizations, non-prot organizations,
and alternative money transfer systems may be involved in the nancing of
terrorist activities.
The movement of funds can be carried out both through international
funds transfer systems and through small regional payment systems. The
development of the latest payment technologies, the ease and speed of
nancial transactions on a global scale, combined with a large number of
unocial (or semi-ocial) money transfer systems create prerequisites
for the growing risks of using the nancial system for terrorist nancing
purposes (Combating the Financing of Terrorism: Investopedia, 2020).
RF’s military invasion of Ukraine, which was transformed into a full-
scale war, became a catalyst for the functioning of terrorist organizations,
which re-formulates the task of combating their nancing and requires
eective preventive measures to control nancial ows.
Although nancial support in today’s conditions comes mostly from
outside, the probability of movement of funds through nancial institutions
within the country is also high, which is caused by more eective mechanisms
for identifying and verifying clients of banking institutions, more established
cooperation with specially authorized bodies. The foregoing led to the
conclusion that the procedures of the non-banking sector to combat money
laundering and the nancing of terrorism are inferior in their eectiveness
to banking ones and need to be improved.
In the context of compliance with the requirements of the law, nancial
institutions should focus their activities on the use of a risk-oriented
approach in the process of identifying and verifying customers, monitoring
their transactions, timely identifying and blocking nancial transactions
for which there is a suspicion that they may be related to the nancing of
terrorism. Important for the establishment of barriers to the movement
of funds to terrorist organizations is the prompt exchange of information
between the nancial sector and law enforcement agencies, as well as
cooperation with the authorities responsible for the ght against terrorism
of other countries.
In-depth research on countering the nancing of terrorism and
the proliferation of weapons of mass destruction will require funding
135
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 128-141
schemes for terrorist organizations, the nancial instruments they use,
and mechanisms to counter the attraction of funds from abroad by such
organizations. At the same time, special attention is paid to the peculiarities
of using innovative nancial instruments, in particular cryptocurrencies,
for which there is currently no proper regulation and supervision, to attract
funds from terrorist organizations.
Evaluation of legislative initiatives and practical measures in the
context of the implementation of the best world practices in the eld of
cooperation with manifestations of terrorism indicates that counteraction
to the nancing of terrorism is characterized by the adoption of regulations
that should take into account not only the need to criminalize all socially
dangerous manifestations of terrorist activity, but also be accompanied by
strengthening international and interdepartmental cooperation between
special services and law enforcement agencies, strengthening control over
crossing state borders and countering the nancing of terrorism.
It is worth emphasizing that the methods of nancing terrorist
organizations evolve in parallel with the development of the capabilities of
the nancial sector in the eld of money movement, therefore, along with
typical, established instruments, those that involve complex cross-border
multi-channel schemes, the detection of which can become a dicult task
for nancial institutions, may well be used. Often, nancial institutions,
primarily banks, act as the main mediators of nancial transactions.
It is natural that in the case when such a signicant share of nancial
ows in the country moves through banks, the risk of carrying out terrorist
nancing operations using the banking sector should be considered quite
high. Synergy of eorts and interaction of banks and non-bank nancial
institutions, the State Financial Monitoring Service, as well as law
enforcement agencies is of great importance for eective countermeasures
against the nancing of terrorism.
Ensuring the prompt exchange of information between the public and
private sectors, between the nancial sector and law enforcement agencies
should become an integral element in building a strategy to combat the
nancing of terrorism (Thony, 2001).
We share V. Rysin’s point of view that special emphasis should be placed
in such cases on the procedure for investigating criminal oenses related to
the nancing of terrorist activities and the eectiveness of law enforcement
agencies, because informing banks about suspicious nancial transactions
and stopping such transactions is insucient in the event , when in the future
their initiators or beneciaries are not brought to criminal responsibility
(Rysin, 2020).
Special attention should be paid, among other things, to the identication
of those persons in terrorist organizations who are engaged in the collection
136
Kira Gorelkina, Rostyslav Pyliavets, Andrii Biliuha, Roman Aliiev y Volodymyr Bondar
Combating the nancing of terrorism in the conditions of military aggression on the territory of Ukraine
and accounting of nancial funds. For this, law enforcement agencies
need, among other things, to concentrate their eorts on conducting
investigations into the nal recipients of funds in terrorist organizations,
not only on nding out the sources of funds.
Consequently, the relevance of challenges and potential threats caused
by international terrorism is increasing for Ukraine, which is caused by the
terrorist activities of mostly Russian terrorist mercenaries and sabotage
and intelligence groups, and less often by the expansion of Ukraine’s
political, economic, humanitarian and cultural ties with the countries
of the world where armed conicts, the participation of the Ukrainian
military contingent in peacekeeping operations. The foregoing encourages
the further development of the anti-terrorist security system, which would
meet the standards of developed countries, in order to create an eective
mechanism for preventing, responding and countering terrorist threats.
3.2. International mechanisms for combating military
terrorism and its nancing
According to V. Rysin and A. Stepanova, the tools for countering
the nancing of terrorism are the most eective means in the system of
countering such manifestations and their spread in the global dimension
(Rysin and Stepanova, 2020). We agree with this point of view, although we
consider an alternative vision to be acceptable. proposed by A. Bergeneva.
Thus, the researcher points out that the policy and methods of the EU’s
ght against terrorism have a utilitarian character only when they acquire
the necessary spread or recognition outside the EU (Bergeneva, 2022).
This thesis is relevant due to the fact that terrorism is increasingly
becoming a global phenomenon, and therefore its support, dissemination
and nancing do not necessarily have sources that can be combated
or destroyed with the help of the EU legal system or that are within the
jurisdiction of the EU.
Currently, the institutional support of the process of combating money
laundering and terrorism nancing in Ukraine remains a weak link of the
national countermeasures system and has certain shortcomings.
The most signicant ones include; lack of eective control by state
regulators over the implementation by the subjects of primary nancial
monitoring of the provisions of national legislation; frequent disregard of
established procedures in the banking system and, as a result, large-scale
use of banks in criminal money laundering schemes; lack of established
interdepartmental cooperation by the interstate nancial monitoring
service and law enforcement agencies; lack of cooperation between law
enforcement agencies and the judiciary; the absence of a procedure for
the return of proceeds obtained through criminal means, as a result of the
137
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 128-141
legalization of funds or the nancing of terrorism, which were exported
abroad.
The transnational and international nature of terrorist activity makes
the eorts of one country or groups of countries insucient. For its eective
counteraction, and in particular in the context of the destruction of sources
of funding, the EU simply cannot do without international support, as well
as in matters of the use of armed forces or police missions to ght against
its most radical manifestations, if only due to the fact that it is the military
the contingent, unlike police missions, has a corresponding UN mandate.
Therefore, during the development of the Directive of the European
Parliament and the Council of the EU No. 2005/60/EU «On the prevention
of the use of the nancial system for the purpose of money laundering and
nancing of terrorism» and the Directive of the European Parliament and
the European Council of 20.05.2015 No. EU 2015/849 was it is recognized
that money laundering and terrorist nancing are usually carried out in
an international context. Measures taken exclusively at the national level
or even at the level of the EU only, without international coordination and
cooperation, will have very limited results.
Measures approved by the EU in this area should be coordinated
with other measures taken in the framework of other international
initiatives. Community measures should continue to take into account the
Recommendations of the Group for the Development of Financial Measures
to Combat Money Laundering, which is the main international institution
in the eld of combating money laundering and terrorist nancing
(On Preventing The Use Of The Financial System For The Purpose Of
Money Laundering And Terrorist Financing: Directive Of The European
Parliament And Council Of The EU, 2005). Thus, at the level of its own
legal documents, the EU recognizes the need for international cooperation
in countering terrorism.
It should be noted that with regard to the investigation of the nancing
of terrorism, in July 2018 the European Parliament adopted a directive to
the 5th Anti-Money Laundering Directorate, which is aimed at increasing
transparency by establishing publicly accessible registers for companies;
expanding the powers of EU nancial intelligence units; restrictions
on anonymity, users of virtual currencies and wallets, as well as prepaid
payment cards; expanding the criteria for evaluating third countries with
a high level of risk and improving the guarantees of nancial transactions.
The introduction of this directive was a reaction of the EU countries to
the growing threat of terrorism and an attempt to establish the strictest
possible control over nancial transactions and instruments that can be
used to nance terrorist activities. Ukraine’s reaction to AMLD5 was the
adoption of a new version of the basic law on combating money laundering
and terrorist nancing, as well as the implementation of certain projects
(Kolesnik, 2019).
138
Kira Gorelkina, Rostyslav Pyliavets, Andrii Biliuha, Roman Aliiev y Volodymyr Bondar
Combating the nancing of terrorism in the conditions of military aggression on the territory of Ukraine
In this regard, Z. Gbur and S. Koshova draw attention to the aspect that
international counterterrorism with the use of armed forces requires, in
addition to destroying the channels of nancing terrorist organizations,
also disrupting the ways and channels of coordination of their activities
(Gbur and Koshova, 2021).
The recognition of the RF as a terrorist state on October 13, 2022 in
the resolution of the Parliamentary Assembly of the Council of Europe
(PACE) is one of the most important historical diplomatic decisions (This
is a political signal: Zelenskyi on the PACE decision to recognize Russia as
a terrorist, 2022). At the fall session in Strasbourg, the PACE considered a
resolution condemning RF’s actions in Ukraine as a war crime, a violation
of international law, and a threat to international peace and security.
In general, it should be noted that the international legal system of
countering and ghting terrorism currently gravitates towards solving the
issues of countering and preventing terrorist manifestations, destroying the
nancing channels of the relevant organizations, but pays little attention
to the coordination and consolidation of eorts to use armed forces in
the ght against such manifestations. including in the context of the
expansion of such cooperation and the involvement of police structures and
formations that would solve the issue of bringing to international criminal
responsibility persons guilty of terrorism.
There is no doubt that Ukraine’s use of the scientic material and
practical experience accumulated by the world community in the further
improvement of the national system of combating international military
terrorism, legalization of proceeds obtained through crime and nancing
of terrorism is of crucial importance, as it signicantly accelerates the
integration process of the state into the international system of cooperation
and mutual assistance. in the ght against this negative higher, one of the
varieties of transnational criminal activity.
Finally, we note that the problem of combating terrorism is multi-
level, the solution of which must be sought in a multilateral partnership
with state structures. Despite all international eorts, terrorism not only
does not weaken its position, but on the contrary expands its inuence.
Terrorists, drawing up a plan of operations, even provide for its coverage
in the mass media. Such activity is similar to sabotage and reconnaissance,
and therefore once again justies the expediency of using parts and
combinations of armed forces for their neutralization.
139
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 128-141
Conclusions
The functioning of terrorist organizations in the conditions of war
formulates the task of combating military terrorism and nancing in a new
way and requires eective preventive measures to control nancial ows.
In conditions where nancial support comes mostly from outside, the non-
banking sector’s anti-money laundering and terrorist nancing procedures
are less eective than banking ones and need improvement.
Financial institutions should focus their activities on the application of
a risk-oriented approach in the process of identifying and verifying clients,
monitoring their transactions, timely identifying and blocking nancial
transactions that are suspected to be related to the nancing of terrorism.
In the aspect of combating the nancing of terrorism and the
proliferation of weapons of mass destruction, special attention needs to
be paid to the nancing schemes of terrorist organizations, the nancial
instruments they use, in particular cryptocurrencies, in respect of which
there is currently no proper regulation and supervision, in order to develop
eective mechanisms to counter the attraction of funds from abroad.
Eective exchange of information between the nancial sector and law
enforcement agencies, as well as cooperation with other countries’ counter-
terrorism agencies, is important for establishing barriers to the ow of
funds to terrorist organizations.
The international legal system of combating and combating terrorism
should focus on coordinating and consolidating eorts to use units and
units of the armed forces in the ght against such manifestations, expanding
cooperation and involving police structures and formations that would
solve the issue of attracting international criminal liability of persons guilty
of terrorism and its nancing.
Bibliographic References
Asya Entova explains in the 2nd part of the program «From a capital letter»
what Herzl is guilty of and whether «democracy is really organized
blackmail.» 2016. Available online. In: https://www.youtube.com/
watch?v=WOGWD8VcqtM. Consultation date: 25/03/2023.
BERGENEVA, Aruzhan. 2022. “Policy and methods of the European Union’s
ght against terrorism” In: International Scientic Bulletin. No. 1-2 (25-
26), pp. 271-282.
COMBATING THE FINANCING OF TERRORISM: INVESTOPEDIA. 2020.
Available online. In: https://www.investo$ pedia.com/terms/c/combati
ng$nancing$terrorism$cft.asp. Consultation date: 25/03/2023.
140
Kira Gorelkina, Rostyslav Pyliavets, Andrii Biliuha, Roman Aliiev y Volodymyr Bondar
Combating the nancing of terrorism in the conditions of military aggression on the territory of Ukraine
FINANCING OF TERRORISM. 2020. Council of Europe. Access mode: Available
online. In: https://www.coe.int/en/web/moneyval/implementation/
nancing$terrorism. Consultation date: 25/03/2023.
GBUR, Zoryana; KOSHOVA, Svitlana. 2021. “Normative and legal principles of
combating terrorism in Ukraine” In: Aspects of public administration.
Vol. 9, No. 1, pp. 72-81.
GRYNENKO, Ihor; PROKOFIEVA-YANCHYLENKO, Darya; SOKRUT,
Bogdan. 2015. Risk assessment and management in the eld of
combating transnational organized crime in Ukraine: criminological
monitoring, tactical analysis and the use of open sources. VITE. Ukraine.
KOLESNIK, Sergey. 2019. Legal provision of prevention of terrorism by nation.
In: European Reforms Bulletin: international scientic peer-reviewed
journal: Grand Duchy of Luxembourg. No. 3, pp. 28-32.
MALYY, Viktor. 2016. “The role of nancial monitoring in preventing and
countering the nancing of terrorism” In: Scientic Bulletin of the
International Humanitarian University. Series: Economics and
management. No. 17, pp. 143147.
MORSE, Julia. 2019. “Blacklists, market enforcement, and the global regime to
combat terrorist nancing” In: International Organization. Vol. 3, No.
73, pp. 511545.
ON PREVENTING THE USE OF THE FINANCIAL SYSTEM FOR THE
PURPOSE OF MONEY LAUNDERING AND TERRORIST FINANCING:
Directive of the European Parliament and the Council of the EU. 2005
No. 2005/60/EU. Available online. In: https://zakon.rada.gov.ua/laws/
show/994_774#Text. Consultation date: 25/03/2023.
ON THE FIGHT AGAINST TERRORISM. LAW OF UKRAINE. 2005. № 2600-
IV. Available online. In: https://zakon.rada.gov.ua/laws/show/638-15.
Consultation date: 25/03/2023.
RYSIN, Vitaly. 2020. “Countering the nancing of terrorism using nancial
institutions” In: Economy and the state. No. 6, pp. 80-86.
RYSIN, Vitaly; STEPANOVA, Alina. 2020. “Countering the nancing of
terrorism using nancial institutions” Economics. Economy and the
state. No. 6, pp. 80-86.
SHAMARA, Oleksandr; BANTYSHEV, Oleksandr; CHORNYY, Ruslan. 2011.
Countering terrorist activity (Criminal legal aspects). Kyiv, Ukraine.
141
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 128-141
STATE FINANCIAL MONITORING: TYPOLOGICAL STUDY «ACTUAL
METHODS, METHODS AND FINANCIAL INSTRUMENTS OF
FINANCING TERRORISM AND SEPARATISM». 2014.. Available online.
In: http://www.sdfm.gov.ua/content/le/Site_docs/2014/20141229/
tipolog2014.pdf. Consultation date: 25/03/2023.
THIS IS A POLITICAL SIGNAL: ZELENSKYI ON PACE’S DECISION TO
RECOGNIZE RUSSIA AS A TERRORIST. 2022. Available online.
In: https://fakty.com.ua/ua/svit/svitovi-novyny/20221013-cze-
politychnyj-sygnal-zelenskyj-pro-rishennya-parye-shhodo-vyznannya-
rosiyi-terorystom/. Consultation date: 25/03/2023.
THONY, Jean-François. 2001. Money laundering and terrorist nancing: an
overview. Available online. In: https://www.imf.org/external/np/leg/
sem/2002/cdm/eng/thony.pdf. Consultation date: 25/03/2023.
TIERNEY, Michael. 2018. “Terrorist Financing: An Examination of Terrorism
Financing via the Internet” In: International Journal of Cyber Warfare
and Terrorism. Vol. 1, No. 8, pp. 111.
TKACH, Volodymyr. 2013. “Features of modern international terrorism: trends,
manifestations, challenges and threats to Ukraine” In: Scientic journal
of the NPU named after M.P. Drahomanova. Vol. 11, p. 60.
WALL, Richard. 2020. “Are nancial institutions’ counter terrorist nancing
controls t for today’s challenges?” In: Journal of Financial Compliance.
Vol. 2, No. 3, pp. 181191.
ZHAROVSKA, Halyna. 2019. Theory and practice of combating transnational
organized crime in Ukraine: dissertation. ... Dr. law Sciences: specialist.
Kyiv, Ukraine.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en octubre de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 79
