Self-development 

Forms of international cooperation in the fight against crime. General issues of international cooperation in the fight against crime. International cooperation in the fight against crime through Interpol

International cooperation in the fight against crime.

Necessity, directions and legal bases of cooperation of the states in struggle against criminality.

The issues of combating crime occupy a significant place in the activities of the UN, including at the sessions of the General Assembly, which has repeatedly adopted resolutions on the fight against international terrorism and other criminal acts of an international character. The importance of this problem is emphasized by the functioning of the Crime Prevention and Control Committee under the UN Economic and Social Council, the UN Commission on Crime Prevention and Criminal Justice, established in 1992.

Among the areas of cooperation between states in the fight against crime, the following can be distinguished:

Legal. A number of international conventions on crimes of an international nature, including those prepared with the participation of the UN, have been adopted, thus creating the legal foundations for cooperation between states in the fight against crime.

Organizational, expressed primarily in the activities of the International Criminal Police Organization (see below).

Grounds and features of the fight against certain types of crimes.

The International Convention Against the Taking of Hostages is dedicated to combating the taking of hostages. Hostage-taking is characterized as a dangerous act of international terrorism. Any person who captures or holds another person and threatens to kill, injure or continue to hold him in order to compel a State, an international intergovernmental organization or any person or entity to do any act as a condition for the release of a hostage commits hostage taking; the attempt of such a seizure and complicity in the seizure are also recognized as criminal. Since this is a crime of an international character, the International Convention against the Taking of Hostages does not apply when the crime is committed within the same State, when the hostage and the alleged perpetrator are nationals of that State, and, in addition, the alleged perpetrator is in the territory of that State .

In recent years, definitions of such international crimes as terrorism and financing of terrorism have appeared in international law. A person commits a terrorist act if he or she unlawfully and intentionally delivers, places, sets off or detonates an explosive or other lethal device within a public place, government or government facility, public transportation facility, or infrastructure facility with the intent to cause death or serious injury, or cause significant destruction resulting in major economic damage. The global tangibility of international terrorism became especially tangible in connection with the terrorist actions in New York and Washington on September 11, 2001. Significant is the unanimous reaction of the world community, manifested by the coordination of actions with the aim of suppressing such a grave crime of an international character as terrorism. September 28, 2001 The UN Security Council adopted resolution 1373 (2001), which specifically highlights such measures that are mandatory for all states, such as the prevention and suppression of the financing of terrorist acts, the refraining of all states from providing any form of support to organizations or persons involved in terrorist acts, ensuring qualification in national criminal laws of terrorist acts as serious crimes with appropriate penalties. The illegal and deliberate provision of funds or their collection with the intention to use them in the commission of acts indicated in international treaties on the suppression of acts of terrorism is prohibited.

The main types of international obligations of states in connection with the fight against crime.

In order to suppress crimes of an international nature and effectively bring to justice those responsible for their commission, most of the world's states (participating in the relevant international multilateral treaties and conventions) assume the following main international legal obligations:

1. Commitment to include in national criminal laws rules on criminal liability for crimes of an international character and on the appropriate degree of their severity of punishment; at the same time, these crimes must be qualified in accordance with the mentioned international treaties.

2. The obligation "aut dedere, aut judicare" in relation to persons accused of crimes of an international character.

3. The obligation to cooperate in the process of carrying out the criminal prosecution of persons accused of committing crimes of an international character, including the provision of the necessary legal assistance.

The problem of extradition: grounds and procedure for its implementation.

Extradition is the extradition of a person accused of a crime to another state with jurisdiction to prosecute him.

Extradition issues are regulated by relevant bilateral agreements. The Model Extradition Treaty was adopted by the UN General Assembly in 1990. , on the recommendation of the VIII United Nations Congress on the Prevention of Crime and the Treatment of Offenders. At the same time, the UN General Assembly invited states that have not yet concluded extradition treaties with each other, or if they want to change the extradition treaty existing between them, to use the Model Extradition Treaty as a basis, as well as to strengthen international cooperation in the field of criminal justice. The European Convention on Extradition operates between the states that are members of the Council of Europe, including Russia.

Extradition is carried out as a general rule for an offense punishable by imprisonment in both the country requiring extradition and the extraditing country. Extradition shall not be carried out, in particular, of persons accused of political crimes, if there are grounds to believe that the state requesting the extradition will discriminate against the extradited person or subject him to inhuman, cruel or degrading treatment if the person to be extradited is a citizen of the state who received the extradition request. A request for extradition must be made in writing, with the necessary documents attached, including an indication of what acts the person to be extradited is charged with, and under what law he will be prosecuted. At the request of the State requested for extradition, the State requesting extradition must provide additional information. As a preventive measure, the state requested for extradition, for the period of consideration of the request for extradition, has the right to arrest the person who is required to extradite.

International Criminal Police Organization (Interpol).

In 1923 The International Criminal Police Commission was created, the modern look of Interpol was formed in 1956, when the current Charter of the organization came into force.

The objectives of Interpol are the interaction of all bodies (institutions) of the criminal police within the framework of existing legislation and in the spirit of the Universal Declaration of Human Rights, the creation and development of institutions that can successfully contribute to the prevention of criminal offense and the fight against it.

An authorized official police body of the corresponding state acts as a member of Interpol. For example, in Russia this is the National Central Bureau within the Ministry of Internal Affairs of the Russian Federation. The headquarters of Interpol is located in Lyon (France).

Interpol maintains a database that includes photographs and fingerprints of thousands of "international criminals" and descriptions of the most dangerous crimes. The participating states declare persons wanted through the Interpol system, send requests and investigative orders to interested parties.

The highest governing body of Interpol is the General Assembly.

Bibliography

International Law: A Textbook for High Schools. - 2nd ed., rev. and additional / Rev. ed. prof. G.V.

Brownli Ya. International law. Book One (translated by S.N. Andrianov, ed. and introductory article by G.I. Tunkin) M., 1977 (first published: Brownlie J. Principles of Public International Law. Second Edition. Oxford, 1973).


See: Article 1 of the International Convention Against the Taking of Hostages.

See: Article 13 of the International Convention Against the Taking of Hostages.

See: Article 2 of the International Convention for the Suppression of Terrorist Bombings.

INTERNATIONAL

cooperation

V. K. IVASHCHUK,

Associate Professor of the Department of Organization of Operative and Investigative Activities,

PhD in Law, Associate Professor (Academy of Management of the Ministry of Internal Affairs of Russia)

V. K. IVASHCHUK,

Associate Professor at the Department of Field Operations, Detection and Search,

Candidate of Law, Associate Professor (Management Academy of the Ministry of the Interior of Russia)

International cooperation in the fight against crime - the environment for the formation of international legal standards

International Cooperation against Crime as Standard Setter in International Law

The article discusses the role of international cooperation in the fight against crime in the formation and implementation of international legal standards.

International legal standards, international standards for combating crime, international cooperation in combating crime.

The author analyzes the nature and substance of international cooperation against crime. Also looked into is the role of this cooperation in setting and implementing norms and standards of international law.

International legal standards, international standards of combating crime, international cooperation against crime.

The concept of "international standards" is widely used in legal and scientific literature, it is contained in the titles of some international legal acts and their texts. According to their characteristics, international legal standards are rules in the form of a certain model of behavior. However, they are most often associated with human rights standards. It is also noteworthy that a significant part of such international standards are aimed at protecting persons involved in criminal proceedings (Articles 3, 5, 7-11 of the Universal

human rights declaration of 1948). This makes it possible to consider international human rights standards in the context of the fight against crime. Moreover, the fight against crime is the state's response to the violation of certain human rights (the right to life, the right to private property, personal integrity, etc.). In this regard, it seems logical that one of the main conceptual provisions of the fight against crime and national criminal policy should be the restoration of violated human rights.

At the same time, it follows from the meaning of international human rights standards that they are aimed at protecting the rights of persons subject to criminal liability, which is associated with the restriction of their rights “in order to protect the interests of the entire society or state” . Thus, within the framework of the implementation of the national criminal policy, the state solves a two-pronged task: the restoration of rights violated as a result of illegal actions, and ensuring the rights of persons held criminally liable. It seems obvious that international human rights standards should be fundamental, conceptual in the national criminal policy.

However, despite the conceptual significance of international human rights standards, other international legal standards are also being created in the national criminal policy: sectoral, implemented in various branches of law (criminal, criminal procedure, operational-search); administrative, defining the rules of conduct and requirements for the competence of officials implementing the national criminal policy; standards for international information exchange; standards for assessing the state of crime and other international legal standards in force in the field of combating crime. At the same time, it is noteworthy that international human rights standards define general, fundamental provisions in national criminal policy, while other international standards create conditions for cooperation between states in the field of combating crime. They bring together national concepts and ideas about crimes and crime of states cooperating in the fight against crime, unify certain norms of their law, which creates conditions for interaction between the competent authorities. Accordingly, international legal standards can be classified according to industry, administrative and other characteristics.

Due to the fact that cooperation in the fight against crime, its level and quality are determined by the level of relations between states, such mechanisms for the unification of national law are clearly expressed in relations between the CIS member states. As O. N. Gromova notes, one of the ways to overcome difficulties in the cooperation of states in combating crime can be the conclusion of treaties or agreements on the basic principles of legal regulation in the field of law enforcement, i.e., the formation of standards in the field of law used to combat

with crime. Within the framework of cooperation between the CIS member states, the practice of adopting model laws has developed, which contain norms-standards, principles-standards. Their implementation at the national level makes it possible to unify the legal basis for the fight against crime, which, as noted above, creates conditions for cooperation between the member states of the Commonwealth in this area.

The history of the formation and development of international cooperation in the fight against crime goes back to the distant past, and one of the main problems that was solved within the framework of this area of ​​cooperation between states is the achievement of a common understanding of the processes and phenomena in crime and the development of coordinated measures in the fight against its individual types. . This was especially expressed during periods of intensification of such cooperation, which, of course, was a reaction to the development and spread of a certain type of crime outside the boundaries of one state. At the initial stages, this was expressed in the form of declarations condemning the criminal activities of associations of representatives of different states. For example, in 1815 the Congress of Vienna adopted a declaration condemning the slave trade. An important achievement of the International Opium Convention of 1912 was the introduction of a ban on smoking opium and the restriction of the use of opiates and cocaine for medical and other legitimate purposes. But within the framework of these international acts, the main issue was not resolved - the criminalization of acts that constitute the corpus delicti. It was only in 1926 that the acts constituting a crime were specified in the Slavery Convention, and in the 70s. 20th century actions constituting crimes related to the illegal circulation of narcotic drugs and psychotropic substances have been criminalized.

It should be noted that the need for the development and adoption of international standards in the field of combating crime existed at all stages of the development of international cooperation in combating crime. So, in 1914, at the First International Congress of the Criminal Police, the issue of the need to develop international standards for identifying persons at a distance was decided. In the last decade, within the framework of the UN, the issue of international standardization of the assessment of the state of crime has been initiated.

Thus, international standards for the fight against crime are developed in the conditions of cooperation between states in the area under consideration, and are the product of this direction of international relations. Moreover, they act not only when

the existence of international cooperation in the fight against crime, but also in the national law of the interacting states, ensuring such interaction. As a result, through implementation at the national level, international standards for combating crime have an impact on the formation of national legal norms and on national criminal policy in general. It follows from this that the international legal standards for combating crime are regulators between national and international law, i.e., a complex legal phenomenon that regulates the relationship between national and international law.

Analyzing international human rights standards in the context of the fight against crime and national criminal policy as conceptual provisions in this area of ​​legal relations, one should pay attention to the fact that human rights issues have been considered by philosophers since ancient times, the issues of cooperation in the fight against crime began to be studied by states much later. At the same time, the international consolidation of standards in the fight against crime occurred earlier than the consolidation in the field of human rights. This is most likely due to some differences in the nature of these standards.

The first legal consolidation of human rights is associated with the French and English revolutions of the late 18th century. But, as noted above, human rights standards received international legal status only in the second half of the 20th century. This was not due to cooperation in the fight against crime, but with the urgent need to protect human rights at the international level, including in order to ensure them by international legal measures. The impetus for this was the catastrophe of the Second World War, the danger of unleashing the next war.

However, international standards for combating crime and human rights standards have in common that they are implemented and enforced at the national level, but act as international legal obligations. Such correlation of international standards of fight against crime and in the field of human rights is united by their implementation in the national criminal policy.

At the same time, one should proceed from the fact that cooperation with foreign states is only a part of the state system for combating crime and performs a supporting function in the detection and investigation of crimes at the national level.

International cooperation in the fight against crime is a special area of

ny, including the application of both international and national law. This requires an appropriate level of convergence of positions and views, a legal assessment of certain acts as crimes, as well as consent to mutual actions to combat crime in general and individual crimes in particular. International cooperation in this case performs a supporting function in law enforcement in order to combat crime at the national level.

The need for states to converge positions, views, legal assessments of illegal acts in the form of the adoption of certain declarative, legal, fundamental guidelines in the field of combating crime, that is, the formation of international legal standards for combating crime, is caused solely by the prerogative of states to bring persons to criminal responsibility for national level. Some exceptions are crimes under the jurisdiction of the International Criminal Court.

This ratio of international and national law applied to combat crime is due to the modern world order based on integration processes, which are inevitably accompanied by an increase in the share of the foreign component in national crime.

By participating in international cooperation relations, the Russian Federation, recognizing and implementing international legal standards, ensures the unification of the norms of its national law. This creates conditions for interaction between the competent authorities of states cooperating in the fight against crime.

In modern international conditions, such relations of cooperation are of great importance. This is due to the internationalization of crime and the expansion of its scope. Accordingly, the development of cooperation between states in this area is their objective reaction to such processes, since at the national level and by the forces of only one state, the fight against international crime is ineffective. In addition, it often becomes necessary to obtain foreign legal assistance or to take joint actions in order to uncover and investigate certain crimes that do not affect the interests of a foreign state.

Considering international cooperation in the fight against crime as an environment for the formation of international legal standards in this area, one should pay attention to the ambiguity of approaches to understanding international cooperation as a legal phenomenon.

International cooperation in the fight against crime as a special sphere of international relations at the turn of the 19th-20th centuries. singled out F. F. Martens, defining it as international criminal law. Revealing the essence of the category "international criminal law", he considered it as "a set of legal norms that determine the conditions for international judicial assistance of states to each other in the exercise of their punitive power in the field of international communication", which is the essence of modern international cooperation in combating crime.

International cooperation in the fight against crime as a separate branch of international law, which has its own subject of legal regulation, is considered by scientists G. V. Ignatenko, O. I. Tiunov, V. P. Panov, V. F. Tsepelev, A. P. Yurkov, which distinguish international cooperation in the fight against crime as a separate sphere of relations, as an independent branch of international law.

A different point of view is shared by I. I. Lukashuk and A. V. Naumov, who consider international relations in the fight against crime as international criminal law, referring to it not only international acts and norms of criminal law, but also norms of a criminal procedural nature. The authors refer to Chap. 17 textbook edited by G. V. Ignatenko, O. I. Tiunov. In ch. 16 "Legal assistance and other forms of legal cooperation" of this textbook, the authors, along with the issues of interaction between states in the provision of legal assistance in civil, marriage and family, labor relations, consider legal assistance in criminal cases, which belongs to the field of international criminal procedure cooperation. Thus, I. I. Lukashuk and A. V. Naumov combine international criminal and criminal procedural law with an identical concept. At the same time, international criminal law is defined by the authors as "a branch of international public law, the principles and norms of which regulate the cooperation of states in the fight against crime." International criminal law performs the same function as national criminal law - the function of criminalizing acts, that is, defining acts as crimes.

The objective basis for separating international cooperation in the fight against crime into an independent branch of law is the presence of a separate subject of legal regulation. The formation of a branch of law is not an arbitrary process,

it is formed objectively, as a result of the emergence of a separate, isolated group of relations, the regulation of which is carried out with the help of legal norms that have their own characteristics of formation, as well as their own characteristics of the regulatory regime. The branch of law is a set of legal norms that regulate a special, qualitatively unique area of ​​relations.

International cooperation in the fight against crime is a system of legal regulation of interaction between states and their competent authorities, based on the interaction not only of international and national law, but also of their branches that regulate relations in the fight against crime.

For the isolation of international cooperation in the fight against crime into an independent branch of law, its correlation with other branches of law is also significant. First of all, this is private international law, which has gone through periods of recognition and oblivion and is similar in nature to the type of international cooperation under consideration. In relations of international cooperation in the fight against crime, as well as in relations governed by international private law, there is an objective need to apply the law of foreign states, which is due to the presence of a foreign element. But international cooperation in the fight against crime and international private law have both similarities and differences.

The proximity of their nature is evidenced by the possibility of combining the institution of legal assistance in civil, family and criminal cases within the framework of a number of international treaties concluded by the Russian Federation with foreign states (for example, the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of 1993. ). It is unlikely to combine unrelated branches of law in one section of a legal act.

International private and international public law are distinguished by the spheres of relations regulated by them. In private international law, this is the sphere of civil, family and labor relations. In international cooperation in the fight against crime, this is criminal, criminal procedural and operational-investigative law. But both in international private law and in international cooperation in the fight against crime, international law is applied, which performs a providing, connecting role between the relevant norms of the national law of the interacting states, ensuring

their application by mutual obligations of equal subjects of international legal relations.

However, in private international law, regulated public relations are private, but also regulated by international law, while in international cooperation in the fight against crime, these relations are exclusively public. In this case, the concept of "international relations" is synonymous with the concept of "interstate relations". In private international law, the concept of "international" means relations of a private law nature that have a foreign element, which allows the subjects of these relations - individuals and legal entities - to determine which norms of international law or the law of which state will be applied in their relations. Participants in private international legal relations do not have power, they are separated from state power and, in this sense, are participants in private

legal relations and have the opportunity to choose the applicable law.

Thus, recognizing the international legal standards for combating crime, the product of cooperation between states in this area, it should be noted that the legal basis for international cooperation in combating crime is a separate interconnected set of norms of international and national law, special legal institutions (legal assistance, extradition, international transfer of criminal prosecution, joint international investigations, international controlled delivery, etc.), regulating a qualitatively unique area of ​​legal relations. From this it follows that the legal basis for international cooperation in the fight against crime is characterized by signs of an independent branch of law. At the same time, in the formation of this branch of law, the key role belongs to international legal standards as a special category of international law.

Bibliography:

1. Goncharov I. V. International standards in the field of human rights and their implementation in the activities of the Russian police // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. 2015. No. 4 (36).

2. Gromova O. N. The main directions of conventional cooperation between the CIS member states in the field of law enforcement // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. 2013. No. 4 (28).

3. Ermolaeva V. G., Sivakov O. V. International private law: a course of lectures. M., 2000.

4. Zvekov V. P. International private law: a course of lectures. M., 1999.

5. Ivashchuk VK To the question of the classification of international criminal law standards // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. 2013. No. 3 (27).

6. Lukashuk I. I., Naumov A. V. International criminal law: textbook. M., 1999.

7. Martens F. F. Modern international law of civilized peoples / ed. L. N. Shestakova. M., 1996. T. 2.

8. International law: a textbook for universities / otv. ed. G. V. Ignatenko and O. I. Tiunov. 3rd ed., revised. and additional M., 2006.

9. Panov V. P. International criminal law: textbook. allowance M., 1997.

10. Tsepelev VF International cooperation in the fight against crime: criminal law, forensic and organizational and legal aspects: monograph. M., 2001.

11. Yurkov A P. International criminal procedure law and the legal system of the Russian Federation: theoretical problems: dis. ... Dr. jurid. Sciences. Kazan, 2001.

To date, a certain system of international organizations, as well as national bodies, has developed that carry out international cooperation in the field of crime prevention, direct control, and the treatment of offenders. All these bodies and organizations have a single functional focus on achieving goals and implementing tasks in the area under consideration, are closely interconnected in their activities, have relative independence and, as such, are subjects of international cooperation in the fight against crime.

The system of named entities can conditionally be divided into two large groups (subsystems): 1) international organizations; 2) national (intrastate) bodies and institutions. Each of them is characterized by its terms of reference, appropriate structure, features of activities, specific relationships with other subjects.

International organizations, in turn, differ in the scope of activities (global and regional), in terms of competence (universal and targeted), in the nature and sources of authority (interstate, intergovernmental and non-governmental).

At the global, universal and interstate levels, the main subject of international cooperation in the fight against crime is the United Nations and its bodies:

General Assembly;

Security Council;

Secretariat, which includes a Crime Prevention and Criminal Justice Branch (Sector);

Economic and Social Council;

International Court.

The General Assembly annually, within the framework of the Third Committee (on social and humanitarian issues), considers the reports of the UN Secretary-General on the most significant problems of international cooperation in the prevention of crime, the fight against it and the treatment of offenders.

The Security Council considers at its meetings the appeals of the UN member states about specific facts of international crimes (aggression, apartheid, genocide, and ecocide) committed by individual states and their leaders. Where necessary, the Security Council refers the matter to the appropriate commission of inquiry. However, the Security Council is not a full-fledged subject of international cooperation in the fight against crime.

The Crime Prevention and Criminal Justice Division of the UN Secretariat is engaged in preparatory and organizational work, in particular, it prepares the necessary recommendations for the Secretary-General on the problems of international cooperation within the framework of the UN in combating crime.

The Economic and Social Council (ECOSOC) and its Commission for Social Development are directly responsible for ensuring the activities of the SN in this area. To perform the relevant functions within the ECOSOC, specialized bodies have operated in different years:

The Committee on Crime Prevention and Control, which existed until 19911, at the initiative of which the UN congresses on the prevention of crime and the treatment of offenders were convened every five years (19SS, Geneva; 1960, London; 1965, Stockholm ; 1970, Kyoto; 1975, Geneva; 1980, Caracas; 1985, Milan; D990, Havana)2;

The Commission on Crime Prevention and Criminal Justice, which arose in 1991 on the basis of the mentioned Committee and continued the work begun by it at a new level (UN congresses -1995, Cairo; 2000, Vienna);

UN Regional Research Institutes and Centers - Research Institute for Social Protection, Institutes for the Prevention of Crime and the Treatment of Offenders for Asia and the Far East (Tokyo), for Latin America (San Jose), for Europe (Helsinki), Center for social and criminological research.

Taking into account the recommendations prepared by the UN bodies directly involved in the problems of international cooperation in the fight against crime, ECOSOC determines the strategy and tactics of this specific activity: makes decisions on the establishment of relevant international bodies, determines their status, regulations and areas of work; convenes sessions and conferences, tests their recommendations and resolutions; approves the long-term, medium-term and short-term programs of the UN activities in the fight against crime; organizes research and prepares reports on relevant issues; prepares recommendations for the General Assembly, submits draft international agreements on combating international criminality, etc.

The main work of the UN in organizing international cooperation in this area takes place at the UN congresses on the prevention of crime and the treatment of offenders. Usually, congresses are preceded by regional meetings and conferences, where the most pressing problems for specific regions are discussed.

The congresses are attended not only by representatives of states, but also by specialized agencies of the UN, other interstate and intergovernmental organizations. International non-governmental organizations also take part in the work of congresses as observers.

When considering issues, the congresses proceed from the fact that crime is a global problem that requires international cooperation in combating it. The result of the work of the congresses is the adoption of guidelines for the prevention of crime and criminal justice, the development of special programs and specific recommendations for the prevention of specific types of crimes, and the exchange of experience. The report of the congress, its decisions and resolutions are advisory in nature, but at the same time they are of great importance for establishing close cooperation between states in the fight against international criminality.

The materials of the multilateral activities of the UN and its agencies in the fight against crime are published in a special periodical called the International Review of Criminal Policy, which has been published since 1952. UN Secretariat.

International non-governmental organizations also make a certain contribution to international cooperation in the fight against crime. These include:

International Association of Criminal Law (IAUP);

International Criminological Society (ISC);

International Society for Social Security (ISSP);

International Sociological Association (ISA);

International Criminal and Penitentiary Fund (ICPF).

The activities of IAPM, MCO, MOSP and MUPF, which have an advisory

status with ECOSOC, brings together the International Committee for Coordination (ICC), created by these organizations in 1982.

An important place is occupied by the apparently non-core UN International Law Committee (Third Committee), on whose initiative drafts of many conventions on combating international criminal offenses were developed. In addition, in 1992, the Sixth Committee of the United Nations (on Legal Affairs) considered the report of the International Law Committee on the draft Code of Crimes against the Peace and Security of Mankind and on the establishment of the International Criminal Court. The fact is that the International Court of Justice is the main judicial body of the UN and is designed to consider cases in which states are parties. Therefore, the International Court of Justice does not fully apply to the subjects of international cooperation in the fight against crime. The international tribunals for Rwanda and the former Yugoslavia operate in an ad hoc mode. In this regard, the idea arose and is being implemented to create an International Criminal Court, designed to consider cases of crimes committed by individuals.

A special place in international cooperation in the fight against crime at the global, universal and international levels is occupied by the International Criminal Police Organization - Interpol, since it is she who carries out direct activities to combat international criminal crime. This work is carried out both by the divisions of the central office of Interpol, located in Lyon (France), and by the national central bureaus of Interpol.

An example of international cooperation in the fight against crime at the regional level is the activity in this area of ​​the Council of Europe and its bodies, which act as subjects of both universal and targeted cooperation, having one or another terms of reference.

The Council of Europe currently includes 41 states. The activities of the Council cover all major issues of European cooperation, including the fight against crime. Among the bodies of the Council of Europe dealing with this issue are:

Parliamentary Assembly;

Committee of Ministers;

European Committee for Legal Cooperation (PACE);

European Committee on Crime Problems (as part of PACE).

The Council of Europe has a number of non-governmental organizations,

having consultative status.

Significant activities are carried out within the framework of the Council of Europe: relevant European conventions and agreements are being developed, conferences and seminars are being held, research and educational work is being carried out. Thus, over the entire period of work of the Council of Europe, more than 20 international legal documents (conventions and agreements) on the problems of criminal law and the fight against crime have been developed and adopted. In addition, the Committee of Ministers has developed and adopted about 40 resolutions and 45 recommendations on cooperation in the fight against crime. After joining the Council of Europe, Russia acceded to a number of conventions and assumed obligations to implement their provisions, recommendations and resolutions.

In the content of European conventions, two groups of provisions can be distinguished. The first one is aimed at convergence of the internal legislation of the participating countries and contains obligations but to assess certain acts as criminal offenses and to include in the internal (national) legislation of criminal law, criminal procedure and administrative law measures aimed at preventing, suppressing and investigating criminal crimes. The second provides for specific procedures and forms of cooperation that, on the basis of the principle of reciprocity, the participating states can use to combat international crime and transnational criminal communities (organizations).

To implement international cooperation in the fight against crime within the European Community in 1992, the Central Criminal Police Agency, Europol, was created, which, according to the plan of the organizers, should turn into the European Federal Bureau of Investigation. In addition, through the cooperation of the member states of the European Union, positions of liaison officers have been introduced - police officers of these European states, who are called upon to promptly resolve issues of bilateral cooperation between the police authorities of the countries included in the Schengen group.

Regional cooperation in the fight against crime is also carried out within the framework of the Commonwealth of Independent States (CIS), both at the interstate level (Inter-Parliamentary Assembly, the Council of Heads of State, the Council of Heads of Government), and at the interdepartmental level of law enforcement agencies (the prosecutor's office, internal affairs bodies, bodies security, tax police, customs service). At the same time, it is the law enforcement agencies of the CIS that directly carry out work on the implementation of cooperation in the fight against crime as one of the directions of the criminal policy of states.

The central place in this activity - taking into account the scale and importance of the tasks to be solved, the scope of competence and the importance of the department itself in the implementation of criminal policy - is occupied by the internal affairs bodies. With regard to the participation of internal affairs bodies in international cooperation in the fight against crime, three circumstances should be noted.

Firstly, the National Central Bureau (NCB) of Interpol in the Russian Federation operates as part of the Russian Ministry of Internal Affairs as an independent division of the central office and has its branches in the largest regions of the country.

Secondly, the Bureau for the Coordination of Combating Organized Crime and Other Dangerous Types of Crime (BC BON), established by the decision of the Council of Heads of Government of the CIS dated September 24, 1993 as a permanent body, functions under the leadership of the Council of Ministers of Internal Affairs of the CIS and is organizationally provided Ministry of Internal Affairs of Russia.

Thirdly, the internal affairs bodies of the regions of the Russian Federation are building their work to combat transnational and ordinary crime in close cooperation with the internal affairs bodies (police) of foreign states, and such cooperation is carried out both on a multilateral and bilateral basis, is universal and target character.

Of particular importance is the bilateral cooperation of the internal affairs bodies of Russia with the militia (police) of neighboring states (for example, Finland, Poland, Mongolia and the CIS republics), including cooperation within the framework of the Shanghai Forum (Russia, China, Kazakhstan, Kyrgyzstan, Tajikistan). one

The interaction of the internal affairs bodies of various states in the fight against crime is in the nature of interdepartmental assistance, which is provided on the basis of international legal agreements and domestic regulatory legal acts. A special case is the protocol form of securing international cooperation between the Ministry of Internal Affairs of Russia and the relevant ministries (departments) of individual countries. These acts provide for the scope, directions and forms of such cooperation.

In general, the multilateral activity of all subjects (in all its manifestations: global and regional, universal and targeted, multilateral and bilateral) is a complex phenomenon - a system of international cooperation in the fight against crime. The systematic approach lies in the fact that since the very problem of crime and the fight against it is of a worldwide nature and cannot be resolved at the national and even at the regional levels, the most effective solution is the strategic activity of the subjects of international cooperation - global in scope; universal and targeted in terms of competence; versatile in form. A necessary and natural addition to it should be appropriate activities both at the regional levels and within the framework of bilateral agreements. Full-fledged participants - subjects of activities for the implementation of cooperation in the fight against crime are, within their powers, interstate, intergovernmental and non-governmental bodies and organizations. At the national level, such cooperation is provided by the relevant state bodies.

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1 See: Collection of International Agreements of the Ministry of Internal Affairs of Russia. - M., 1996.

1. Basic legal forms of cooperation between states in the fight against crime.

2. The main areas of international cooperation between states.

3. Legal assistance in criminal cases. Extradition of criminals.

1. Under international fight against crime refers to the cooperation of states in the fight against certain types of crimes committed by individuals. This collaboration has gone through a long evolution.

The first form of such cooperation was cooperation in the extradition of criminals. Even in the agreement between the Hittite king Hattusil III and the Egyptian pharaoh Ramses II in 1296 BC. it was said: "If someone escapes from Egypt and goes to the country of the Hittites, then the Hittite king will not detain him, but will return him to the country of Ramses."

Later, it became necessary to exchange information, and the volume of this information was constantly expanding. At a certain stage there was a need to exchange experience. And recently, a prominent place in relations between states has been occupied by the issue of providing professional and technical assistance. Of particular importance are joint actions or their coordination, without which the law enforcement agencies of various states cannot successfully combat certain types of crimes, primarily organized crime.

To date, cooperation between states is developing at three levels:

1. Bilateral cooperation. Here, bilateral agreements on such issues as the provision of legal assistance in criminal cases, the extradition of criminals, the transfer of convicted persons to serve their sentences in the country of which they are citizens are most widely used. Interstate and intergovernmental agreements, as a rule, are accompanied by interdepartmental agreements, which specify the cooperation of individual departments.

2. Cooperation at the regional level due to the coincidence of interests and the nature of relations between the countries of a certain region. For example, in 1971, 14 member states of the OAS signed in Washington the Convention on the Prevention and Punishment of Acts of Terrorism. Within the framework of the CIS, such cooperation is developing very rapidly: in January 1993, in Minsk, the Commonwealth countries (except Azerbaijan) signed the Convention on Legal Assistance in Civil, Family and Criminal Matters.

3. Collaboration at the universal level began in the framework of the League of Nations, and continued in the UN. At present, a whole system of multilateral universal treaties in the field of international criminal law has been created:

Convention on the Prevention and Punishment of the Crime of Genocide, 1948;

Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949;



Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, 1956;

International Convention on the Suppression and Punishment of the Crime of Apartheid, 1973;

Tokyo Convention on Crimes and Certain Other Acts Committed on Board Aircraft, 1963;

Hague Convention for the Suppression of Unlawful Seizure of Aircraft, 1970;

Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971;

Convention on Narcotic Substances 1961;

Convention on Psychotropic Substances 1971;

Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988;

Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 1973;

International Convention Against the Taking of Hostages, 1979;

Convention on the Physical Protection of Nuclear Material 1980;

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984;

Convention against the recruitment, use, financing and training of mercenaries, etc.

International cooperation in the fight against crime involves the solution of several interrelated tasks by states:

a) harmonization of the classification of crimes that pose a danger to several or all states;

b) coordination of measures to prevent and suppress such crimes;

c) establishing jurisdiction over crimes and criminals;

d) ensuring the inevitability of punishment;

e) provision of legal assistance in criminal cases, including the extradition of criminals.

2. With the development of trade, navigation and relations between states, the scope of cooperation in the fight against specific types of crimes relating to common interests has also expanded.

Since ancient times, the fight against maritime piracy, which has been recognized by states as an international crime, has become widespread, and pirates have been declared enemies of mankind. Prior to the adoption in 1958 of the Convention on the High Seas, the fight against piracy was regulated by customary rules, today the provisions on the fight against piracy are also contained in the 1982 UN Convention on the Law of the Sea.

At the Congress of Vienna in 1815, the first act was adopted to prohibit the trade in slaves, but more clearly the provisions for combating the slave trade were enshrined in the Slavery Convention of 1926. institutions and practices similar to slavery.

Later, states began to cooperate in the fight against pornography. In 1910, the Convention for the Suppression of the Distribution of Pornographic Publications was adopted, and in 1923, the Convention for the Suppression of the Distribution of and Trade in Pornographic Publications.

Also of interest is the International Convention for the Suppression of Counterfeiting Money of 1929. Its adoption was the result of the threat faced by states in connection with the spread of this dangerous phenomenon.

Increasing frequency of hijackings in the 1960s led to the adoption in 1963 in Tokyo of the Convention on Crimes and Other Terrorist Acts Committed on Board Aircraft. In 1970, the Hague Convention for the Prevention of Unlawful Seizures of Aircraft was adopted, in 1971 - the Montreal Convention for the Prevention of Unlawful Acts Endangering the Safety of Civil Aviation, in 1988 the Protocol Concerning Unlawful Acts of Violence at International Airports.

International cooperation in the fight against the illegal distribution of drugs began at the beginning of the 20th century. The first international agreement was concluded in The Hague in 1912. In 1961, the Single Convention on Narcotic Substances was adopted, in 1971 the Convention on Psychotropic Substances, and in 1988 the Convention for the Suppression of Illicit Traffic in Narcotic Substances and Psychotropic Substances was adopted. International cooperation of states in the fight against terrorism began during the existence of the League of Nations. In 1937, the Convention for the Prevention and Suppression of Terrorism was adopted in Geneva.

Later, the Inter-American Convention on the Prevention and Punishment of Acts of Terrorism of 1971 was adopted; in 1973 - the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, and in 1976 the European Convention for the Suppression of Terrorism was adopted.

In connection with the development of nuclear technology and nuclear production, the question of combating the theft of nuclear material arose. In March 1980, a special Convention on the Physical Protection of Nuclear Material was adopted, which, taking into account the special danger of theft and proliferation of this material, clearly defined the corpus delicti, the procedure for bringing violators to justice and their extradition.

3. Criminal procedural actions of the state authorities are limited to its territory, while for the normal administration of justice in criminal cases, it is sometimes necessary to conduct procedural actions on the territory of another state. Since the principle of state sovereignty excludes direct actions of the authorities of one state on the territory of another, the request for assistance remains the only way to carry out the necessary procedural actions. Cooperation between states in providing legal assistance in criminal cases is developing at the level of bilateral relations and regional agreements, certain issues of such cooperation are included in multilateral international treaties. Ukraine has agreements on legal assistance in civil, family and criminal cases with many states.

The agreements provide for such types of legal assistance in criminal cases as the service and forwarding of documents, the provision of information on the current law and judicial practice, the interrogation of the accused, defendants, witnesses, experts, the conduct of expert examinations, the transfer of material evidence, criminal prosecution, the extradition of persons who carried out crimes.

The institute of extradition of criminals (extradition) is widely used in the practice of international relations. As relations between states develop, so does the institution of extradition.

extradition is the transfer of a person by the state on whose territory the person is located to another state in order to bring him to criminal responsibility or to enforce the sentence.

Extradition is possible if the act committed is provided for by the extradition treaty and the act is punishable in accordance with the criminal laws of both states with imprisonment for more than a year. At the same time, the death penalty cannot be applied to the extradited person if it is not provided for by the law of the issuing state.

Own citizens or persons who have been granted asylum are not subject to extradition. Also, persons in respect of whom a sentence has been passed that has entered into force in the same case or the proceedings in the case have been terminated shall not be extradited; in cases of private prosecution or political offences, as well as if the statute of limitations has expired under the law of the state to which the extradition is requested, and if extradition is prohibited by the law of the state to which the extradition is requested.

An extradited person may be prosecuted and punished only for the crimes that led to his extradition.

Issues of extradition are regulated both by the internal law of states and by international treaties. Basically, these are bilateral agreements. Sometimes such agreements are concluded by several states. In 1984, an extradition agreement was signed by Ghana, Benin, Nigeria and Togo. Among the multilateral treaties in this area, noteworthy are, in particular, the European (Paris) Convention on the Extradition of Criminals of 1957, signed by the member states of the Council of Europe (more than 20 states participate), as well as the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 1993 (signed by 10 CIS countries), section IV of which is devoted to the problem of extradition of criminals.

The provisions of these conventions, with few exceptions, are approximately the same. The parties undertake to extradite to each other persons who are on their territory in order to bring them to criminal responsibility or to carry out the sentence. In addition, they regulate in more or less detail the procedure that the contracting parties intend to follow in dealing with practical issues related to extradition.

Over the past decades, a number of multilateral conventions aimed at combating crimes of an international character have been adopted, which contain an obligation to extradite alleged criminals. Under the Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others, 1949, the offenses therein are treated as extraditable offenses and are subject to any extradition treaty that has been or will be concluded between any of the parties to that Convention. In later agreements on cooperation in combating various types of crimes, extradition provisions are formulated in more detail, but their essence has not changed. In none of the treaties is the institution of extradition unconditional. The meaning of the provisions in this case is that the perpetrators should not go unpunished. It is recommended to follow the path of concluding an extradition treaty if, without such an treaty, the state, in accordance with its legislation, cannot extradite alleged criminals. For example, the 1979 Hostage Convention goes a little further. It provides that if a State Party making extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, the requested State may consider this Convention as the legal basis for extradition. The same provision is contained in the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and a number of other agreements. In many conventions, especially those relating to the fight against terrorist acts, there is a provision, the essence of which is reduced to the principle of "punish or extradite".

At the same time, a simplified extradition system operates within the European Union, the introduction of which in relation to the European space proceeded in stages.

Thus, Art. 31(1)(b) of the Treaty on the European Union established that actions taken jointly in the field of judicial cooperation in criminal matters are designed, among other things, to facilitate extradition between Member States. All this should serve the fundamental purposes of the European Union: to preserve and develop the Union as a space of freedom, security and justice, within which the free movement of persons is ensured, in conjunction with appropriate measures in the field of control of external borders, asylum, immigration, as well as the prevention of crime and combating this phenomenon (Article 2 of the Treaty on the European Union).

In the same vein of simplifying the procedure, two other agreements adopted by the Council of Ministers of Justice and the Interior of the European Union have been developed. These were, in fact, the first serious attempts to create an extradition system within the European Union. The first agreement, dated 10 March 1995, concerning a simplified extradition procedure between the members of the European Union, establishes that, in the event of an agreement being concluded between the respondent State and the person to be extradited, the extradition of the latter is subject to a formal request for extradition. Thus, the principles of the Schengen Agreement are confirmed.

The second agreement of 27 September 1996 removed the rule on requesting extradition through diplomatic channels. Each state designates a central authority charged with transmitting and receiving extradition requests and the accompanying documents. This Agreement also contained other, largely revolutionary, provisions. First, it softened the conditions regarding the qualification of a crime. First of all, it concerns the double charge rule. The respondent State is now unable to reject the request, arguing that there is no qualification of this type of crime in its legislation. The said agreement also changed the minimum term of punishment for a crime for which a person is subject to extradition. Now it has become sufficient to impose a possible sentence of imprisonment for a term of 12 months under the laws of the country requiring the extradition of the offender, and from 6 months under the laws of the respondent state. In addition, the respondent State can no longer refuse extradition on the grounds that the statute of limitations for criminal prosecution or punishment under its law has expired. Secondly, the 1996 Agreement allows the respondent state to extradite its nationals, which is also an innovation, clearly demonstrating "European citizenship" and emphasizing that EU countries enjoy the same rights and obligations.

The introduction of a single European order provided for the Framework Decision of the Council of the European Union "On the European arrest warrant and procedures for the transfer of persons between Member States", adopted on June 3, 2002 as a result of the work carried out following the results of the extraordinary summit of the European Union in Tampere (Finland) 15 - October 16, 1999, which adopted the concept of mutual recognition of judicial decisions by the Member States of the European Union.

A European Arrest Warrant is a judicial decision issued by a Member State of the European Union for the purpose of detaining and handing over to another Member State of a wanted person for criminal prosecution or for the execution of a sentence or security measure related to deprivation of liberty.

The European Arrest Warrant, like its counterparts in domestic law, serves as a legal basis for the detention of a suspect, accused or criminal (if the person has already been convicted and is in effect). At the same time, unlike national warrants, in this case we are talking about the detention of a “wanted person” in the territory of other member states of the European Union, where he may be (or hide) after the commission of a crime. Also, on the basis of the principle of mutual recognition and in accordance with the provisions of the Framework Decision of 13 June 2002 on the European arrest warrant and procedures for the transfer of persons between Member States, Member States will execute any European arrest warrant.

A European Arrest Warrant may be issued for acts for which the law of the Member State issuing the warrant provides for a penalty or security measure involving deprivation of liberty with an upper limit of at least twelve months, or - where a penalty has already been imposed or a security measure has already been imposed - in relation to convictions that provide for a sentence of imprisonment of at least four months.

If the offenses listed below, as defined in the law of the Member State issuing the warrant, are punishable in that State by a penalty or security measure involving deprivation of liberty with an upper limit of at least three years, then, for those offenses, transfer of a person on the basis of a European arrest warrant under the terms of the Framework Decision must be carried out without conducting a test for dual criminality of the act: participation in a criminal organization; terrorism; human trafficking; sexual exploitation of children and child pornography; illegal trade in narcotic drugs and psychotropic substances; illegal trade in weapons, ammunition and explosives; corruption; fraudulent activities, including fraudulent activities damaging the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 for the Protection of the Financial Interests of the European Communities; laundering of proceeds from crime; counterfeiting, including counterfeiting the euro; cybercrime; crimes against the environment, including the illegal trade in endangered species of animals and the illegal trade in endangered plant varieties and tree species; assistance to illegal entry and stay; premeditated murder, infliction of grievous bodily harm; illegal trade in human organs and tissues; kidnapping, unlawful imprisonment and hostage-taking; racism and xenophobia; theft committed in an organized manner or with the use of weapons; illegal trade in cultural property, including antiques and works of art; fraud; racketeering and extortion of money; production of counterfeit and pirated products; production of false administrative documents and trade in them; counterfeit means of payment; illegal trade in hormones and other growth stimulants; illegal trade in nuclear and radioactive materials; trade in stolen vehicles; rape; arson; crimes under the jurisdiction of the International Criminal Court; aircraft/ship hijacking; sabotage.

If the location of the “wanted person” is unknown, then the Schengen Information System, as well as Interpol, can be used to establish it. Subsequently, the “wanted person” is subject to transfer to the judicial authority that issued the warrant for him.

When a person is detained on the basis of a European Arrest Warrant, the executing judicial authority decides whether the person must be detained in accordance with the law of the executing Member State. A temporary release of a person from custody is permitted at any time, in accordance with the internal law of the executing Member State, provided that the competent authority of that Member State takes all measures deemed necessary by it to prevent the escape of the wanted person.

If the detainee expresses his consent to his transfer, that consent and, where appropriate, an express waiver of the rule of specificity shall be given by him to the judicial authority executing the warrant, in accordance with the domestic law of the executing Member State.

A new advisory body has been established - the Conference of the Ministers of the Interior of Independent States, in which the heads of the internal affairs bodies of almost all the republics that were part of the USSR take part. It was at such Meetings that multilateral, fundamentally important documents were adopted: agreements on cooperation between the ministries of internal affairs of independent states in the fight against crime, on cooperation in the field of providing material and technical means and special equipment, on the exchange of information, on cooperation in the fight against illicit drug trafficking. drugs and psychotropic substances.

The most important step towards the creation of a common legal space was the signing on January 22, 1993 in Minsk by the heads of the CIS member states of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters. Today, the signed documents need to be filled with specific practical content, to ensure the efficient operation of the created legal mechanisms.

Some problems need to be addressed at the intergovernmental level. For example, a joint program to combat organized crime is currently being developed. It will be approved by the Council of Heads of Government of the Commonwealth countries. The meeting of interior ministers will consider the procedure for transporting firearms, escorting and transporting detainees and convicts, etc.

The international cooperation of the Russian law enforcement agencies with partners from far abroad in the main areas is developing. These include:

  • contractual and legal sphere;
  • combating organized, including economic, crime, drug trafficking, smuggling and counterfeiting;
  • personnel training and cooperation in the scientific and technical field.

Particular attention is paid to expanding the legal framework that provides opportunities for real cooperation with the police authorities of foreign countries on specific issues. New cooperation agreements with the Ministry of Internal Affairs of Germany, Hungary, Austria, France, and Cyprus were added to the already existing and not bad, I must say, “working” agreements. The Ministry of Internal Affairs of Russia signed agreements with the relevant departments of Poland, Romania, Turkey, China, and Mongolia. In general, the Ministry of Internal Affairs of Russia currently has 12 bilateral agreements on cooperation with the police authorities of foreign states. Agreements with India and northern countries are also in the process of development.

At present, a lot has already been done to integrate Russia into the global process of combating crime. The National Bureau of Interpol is actively working, which conducts an operational exchange of information with more than 80 states. Many examples of the high effectiveness of international cooperation in carrying out operational-search and other activities can be cited.

At the same time, today there are many gaps in the activities of both Russian law enforcement agencies and our partners abroad. In particular, there is no efficiency in providing the necessary information, which often does not allow preventing the commission of crimes.

The intensification of international cooperation between Russia in the law enforcement sphere will require in the future the adoption of some new laws (for example, on the provision of legal assistance, extradition, transfer of convicts, continuation of an investigation initiated on the territory of another state).