Development and modernization of the legal systems of eastern Europe: experience of Poland and prospects of Ukraine

Abstract

The exploration of the complex of causes and conditions conducive to terrorism are often being overlooked. In other words, outside laws’ active influence is the issue of determinism and determinants. The ignorance or concealment of the deterministic mechanism of terrorism, its nature and essence might result in the incorrect and counter-productive formation of norms or distortion in the object of regulation of law. This article is devoted to justification the application of determinism into law and the formation of a pioneering deterministic approach that is completely grounded on the analysis of determinism and determinants of terrorism. It creates a basis for discovering how the evaluation of terrorism via the «determinism» comprehension can serve as a powerful instrument towards the improvement and optimization of law-making (in terms of effectiveness) in the area of anti-terrorism Law at the International and EU, domestic levels. The findings will have both theoretical and practical aspects. It offers a profound analysis of the specificity of terrorism deterministic mechanism. 57 The criteria for the international legal evaluation of terrorism and its objectivity and adequacy/clarity will be elaborated in order to avoid norms distortion and eclecticism. The clarity of legal provisions provides us with an opportunity to influence the determinants of terrorism at an International and EU Law levels and vice versa: the enhanced Law will be capable of regulating it and with the prospect of eradicating the incentives of terrorism. Hence, the innovative approach covering both the advancement in the lawmaking phase and its efficient enforcement in International and domestic law that is the most fundamental contributions in the field. Thus, this is a pioneering study of terrorism through the «prism» of determinism with the practical application of its results into International as well as EU Law.