Introduction. While forming measures to ensure security, each state seeks to effectively counter terrorist activities. For this purpose, many countries, including the Russian Federation, are establishing the legislative possibility of destroying aircrafts and water vessels together with crew and passengers. Theoretical analysis. The articles of the Federal Law “On Countering Terrorism” that provide the Armed Forces of the Russian Federation with the possibility of destroying aircrafts and water vessels contradict the whole complex of norms of the Constitution of the Russian Federation, as well as international acts enshrining human rights. Moreover, the existing grounds for the lawful deprivation of a person’s life are exhaustive and directed against the guilty persons who committed unlawful acts. The possibility of destroying a ship with innocent people in helpless condition is inhumane. Empirical analysis. The practice of the European Court of Human Rights indicates that law enforcement agencies, while conducting operations to neutralize militants or terrorists, using force, should minimize the possibility of causing death to citizens who are not related to the conflict, but who, by coincidence, find themselves at its epicenter. Moreover, in the presence of hostages, the Court insists on protecting their lives from unlawful violence. Results. In a constitutional state, the main goal of counter-terrorism operations should be to save the lives of the hostages and then destroy the terrorists. In order to build just such a hierarchy of goals, it is necessary to amend the Federal Law “On Countering Terrorism”.