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MECHANISM OF ADMINISTRATIVE AND LEGAL REGULATION OF RESPONSE TO BIOTERRORISM: INTERNATIONAL LEGAL ASPECTS

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 19)

Publication Date:

Authors : ;

Page : 7-13

Keywords : national security; bioterrorism; legal regulation; international legal acts; administrative-legal mechanism;

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Abstract

The article is devoted to the mechanism of administrative-legal regulation. It has been established that biological safety, counteraction to bioterrorism is an integral part of national security, but any guidance on issues related to the danger of man-made, including nuclear and biological, terrorism; the influence of harmful genetic effects in populations of living organisms, genetically modified organisms, biotechnologies, etc., unfortunately - are absent. Moreover, the current national legislation of Ukraine does not contain a clear and well-defined definition of «bioterrorism». There are also no guidelines for defining the functions, responsibilities and responsibilities of representatives of state bodies in the field of national security. In the aspect of considering the issue of normative legal acts against biological warfare, international law is analyzed. Indeed, in its complex interaction, the reproduction of the norms of national law in the norms of international law and vice versa, serves the achievement of effective results in the field of combating bioterrorism and overcoming its negative consequences. In the analysis of a number of conventions and international legal acts, it was found that: there is no single comprehensive and universal international legal act on combating biological terrorism; their provisions serve only as a benchmark for the development of national legislation; The content of the conventions does not contain any guidance that should be given to the national legislation of the contracting states, in particular as regards the issues of legal or administrative provision for counteracting bioterrorism. It is proved that: a generalizing international legal act on combating bioterrorism as such does not exist. The analysis of the current legislation also shows that the only legislative act that would normalize the issue of counteracting bioterrorism does not even exist. The Concept of National Security of Ukraine, the Laws of Ukraine «On the Fundamentals of National Security of Ukraine», «On Combating Terrorism», «On National Security of Ukraine» do not give an answer as to the fight against bioterrorism. There is no justification for the mechanism of administrative and legal provision for counteracting bioterrorism.

Last modified: 2021-03-16 22:31:07