Guidelines on the role of prosecutors. Guidelines on the Role of Lawyers (UN) 8th UN Congress 1990

BASIC PRINCIPLES,
RELATED TO THE ROLE OF LAWYERS

(Havana, 27 August - 7 September 1990)

Considering that the peoples of the world declare in the Charter of the United Nations, in particular, their determination to create conditions under which justice can be observed, and proclaim as one of their goals the implementation of international cooperation in ensuring and promoting respect for human rights and fundamental freedoms without distinction of race, sex, language or religion,
Considering that the Universal Declaration of Human Rights sets forth the principles of equality before the law, the presumption of innocence, the right to have a case heard publicly and in all fairness by an independent and impartial tribunal, and all necessary guarantees for the protection of any person accused of committing a crime,
Whereas the International Covenant on Civil and Political Rights also proclaims the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law,
Considering that the International Covenant on Economic, Social and Cultural Rights recalls the duty of States under the Charter of the United Nations to promote universal respect for and observance of human rights and freedoms,
Whereas the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person shall have the right to avail himself of the assistance of, to contact and consult with a legal adviser,
Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, inter alia, that untried prisoners be provided with legal assistance and confidential treatment of a lawyer,
Whereas the Measures guaranteeing the protection of the rights of those under sentence of death reaffirm the right of every person suspected or charged with a crime for which the death penalty may be imposed to appropriate legal assistance at all stages of the proceedings, in accordance with Article 14 International Covenant on Civil and Political Rights,
Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power recommends measures to be taken at the international and national levels to facilitate access to justice and fair treatment, restitution, compensation and assistance for victims of crime,
Considering that in order to ensure adequate protection of human rights and fundamental freedoms to which all people should enjoy, whether those rights are economic, social and cultural or civil and political, it is necessary that all people have effective access to legal services provided by independent professional lawyers,
Whereas professional associations of lawyers have a fundamental role to play in upholding professional standards and ethics, in protecting their members from harassment and undue restrictions and infringement, in providing legal services to all in need, and in cooperating with governmental and other institutions in promoting the goals of justice, and in defending the public interest,
The following Basic Principles on the Role of Lawyers, formulated to assist Member States in fulfilling their task of development and ensuring the proper role of lawyers, should be respected and taken into account by Governments in their national law and practice and should be brought to the attention of lawyers as well as others persons such as judges, prosecutors, representatives of the executive and legislature and the general public. These principles also apply, where appropriate, to persons who perform the functions of lawyers without having the official status of such.

Access to lawyers and legal services

1. Everyone has the right to turn to any lawyer for help to protect and defend his rights and protect him at all stages of criminal proceedings.
2. The Government shall provide effective procedures and flexible mechanisms for effective and equal access to lawyers for all persons within their territory and subject to jurisdiction, without distinction of any kind, such as discrimination based on race, colour, ethnicity, sex, language, religion, political or other beliefs, national or social origin, property, class, economic or other status.
3. Governments shall ensure that adequate financial and other means are provided for the provision of legal services to the poor and, where necessary, to other disadvantaged persons. Professional associations of lawyers cooperate in the organization and provision of services, facilities and other resources.
4. Governments and legal professional associations promote programs to inform people of their rights and obligations under the law and of the important role of lawyers in protecting their fundamental freedoms. Particular attention should be paid to helping the poor and other disadvantaged persons so that they can assert their rights and, when necessary, seek the assistance of lawyers.

Special safeguards in criminal matters

5. Governments shall ensure that the competent authorities immediately inform every person of his right to be assisted by a lawyer of his choice when he is arrested or detained or charged with a criminal offence.
6. In all cases where the interests of justice so require, every such person who does not have a lawyer is entitled to the assistance of a lawyer whose experience and competence are appropriate to the nature of the offense, appointed for the purpose of providing him with effective legal assistance free of charge, if he does not have sufficient means. to pay for a lawyer.
7. In addition, Governments shall ensure that all persons arrested or detained, whether or not charged with a criminal offence, have immediate access to a lawyer and in any event no later than forty-eight hours from the time of arrest. or detention.
8. All persons arrested, detained or imprisoned shall be provided with adequate facilities, time and facilities to visit, communicate with and consult with a lawyer without delay, interference or censorship and in full confidentiality. Such consultations may take place in the presence of law enforcement officials, but without the possibility of being heard by them.

Qualification and training

9. Governments, legal professional associations and educational institutions shall ensure that lawyers are adequately qualified and trained and are aware of professional ideals and moral obligations, as well as human rights and fundamental freedoms recognized by national and international law.
10. Governments, legal professional associations and educational institutions shall ensure that there is no discrimination to the detriment of any person in entering into or continuing the professional practice of law on grounds of race, colour, sex, ethnic origin, religion, political or other opinion, national or social origin. , property, class, economic or other status, except that the requirement that the lawyer must be a citizen of the country concerned is not considered discriminatory.
11. In countries where there are groups, communities and regions whose needs for legal services are not being met, especially where such groups have distinct cultures, traditions or languages or have been victims of discrimination in the past, governments, legal professional associations and educational institutions should take special measures to enable candidates from these groups to gain access to the legal profession and to ensure that they receive an education appropriate to the needs of their groups.

Functions and responsibilities

12. Lawyers shall in all circumstances retain the honor and dignity inherent in their profession as responsible officers in the administration of justice.
13. In relation to their clients, lawyers perform the following functions:
a) advising clients on their legal rights and obligations and the operation of the legal system, in so far as it relates to the legal rights and obligations of clients;
b) providing assistance to clients by any means available and taking legislative measures to protect them or their interests;
c) providing, if necessary, assistance to clients in courts, tribunals or administrative bodies.
14. In protecting the rights of their clients and advocating the interests of justice, lawyers should contribute to the protection of human rights and fundamental freedoms recognized by national and international law, and in all cases act independently and in good faith in accordance with the law and recognized standards and professional ethics of a lawyer.
15. Lawyers always strictly observe the interests of their clients.

Performance Guarantees by Lawyers
their duties

16. Governments shall ensure that lawyers:
a) are able to carry out all their professional duties in an environment free from threats, obstruction, intimidation or undue interference;
(b) be able to travel and consult freely with their clients within and outside the country; And
c) have not been prosecuted or subjected to judicial, administrative, economic or other sanctions for any act performed in accordance with recognized professional duties, norms and ethics, as well as the threat of such prosecution and sanctions.
17. Where the safety of lawyers is threatened by the exercise of their functions, the authorities provide them with adequate protection.
18. Lawyers do not identify with their clients or the interests of their clients as a result of their functions.
19. No court or administrative body that recognizes the right to counsel refuses to recognize the rights of a lawyer to plead for his client, unless the lawyer has been denied the right to exercise his professional duties in accordance with national law and practice. and in accordance with these principles.
20. Lawyers shall enjoy civil and criminal immunities in respect of relevant representations made in good faith in the form of written submissions to a court or oral pleadings in court or in the course of their professional duties before a court, tribunal or other legal or administrative body.
21. Competent authorities have an obligation to provide lawyers with sufficient advance access to appropriate information, files and documents in their possession or control to enable lawyers to provide effective legal assistance to their clients. Such access should be provided as soon as necessary.
22. Governments recognize and ensure the confidentiality of all communications and consultations between lawyers and their clients in the course of their professional relationship.

Freedom of opinion and association

23. Lawyers, like other citizens, have the right to freedom of expression, opinion and assembly. In particular, they have the right to take part in public discussions on matters relating to the law, the administration of justice and the promotion and protection of human rights, and to be members of local, national or international organizations or to establish them and take part in their meetings, without being restricted by their professional activities as a result of their lawful actions or membership in a lawful organization. In exercising these rights, lawyers in their actions are always guided by the law and recognized norms and professional ethics of a lawyer.

Professional associations of lawyers

24. Lawyers have the right to form and be members of independent professional associations that represent their interests, promote their continuing education and training, and protect their professional interests. The executive body of professional organizations is elected by its members and performs its functions without outside interference.
25. Professional associations of lawyers work with governments to ensure that all persons have effective and equal access to legal services and that lawyers are able, without undue interference, to advise and assist clients in accordance with the law and recognized professional and ethical standards.

Disciplinary measures

26. Lawyers, through their respective bodies or legislative bodies, develop codes of professional conduct for lawyers, in accordance with national laws and customs and recognized international standards and norms.
27. Allegations or complaints against lawyers in their professional capacity shall be dealt with promptly and objectively in accordance with due process. Lawyers have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.
28. Disciplinary action against lawyers is reviewed by an impartial disciplinary committee established by lawyers, in an independent body provided for by law or in court, and is subject to independent judicial review.
29. All disciplinary action is determined in accordance with the Code of Professional Conduct and other recognized standards and professional ethics of the lawyer and in the light of these Principles.

Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders Havana, Cuba, 27 August - 7 September 1990

Pay attention to that the peoples of the world declare, in particular, their determination to create conditions under which justice can be observed, and proclaim as one of their goals the implementation of international cooperation in ensuring and promoting respect for human rights and fundamental freedoms without distinction of race, sex, language and religion

pay attention to that the Universal Declaration of Human Rights contains the principles of equality before the law, the presumption of innocence, the right to have a case heard publicly and in all fairness by an independent and impartial tribunal, and all necessary guarantees for the protection of any person charged with a crime,

pay attention to that the International Covenant on Civil and Political Rights also proclaims the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law,

pay attention to that the International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter of the United Nations to promote universal respect for and observance of human rights and freedoms,

pay attention to that the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person shall have the right to have the assistance of, access and consult with a legal adviser,

pay attention to that the Standard Minimum Rules for the Treatment of Prisoners recommend, inter alia, that untried prisoners be provided with legal assistance and confidential treatment of a lawyer,

pay attention to that the Measures guaranteeing the protection of the rights of those under sentence of death reaffirm the right of everyone suspected or charged with a crime for which the death penalty may be imposed to appropriate legal assistance at all stages of the proceedings, in accordance with article 14 of the International Covenant on civil and political rights,

pay attention to that the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power recommends measures to be taken at the international and national levels to facilitate access by victims of crime to justice and fair treatment, restitution, compensation and assistance,

pay attention to that, in order to ensure adequate protection of the human rights and fundamental freedoms to which all people should enjoy, whether those rights are economic, social and cultural or civil and political, it is necessary that all people have effective access to legal services provided by independent professional lawyers,

pay attention to that professional associations of lawyers have a fundamental role to play in upholding professional standards and ethics, in protecting their members from harassment and undue restrictions and infringement, in providing legal services to all those in need, and in cooperation with government and other institutions, in promoting the goals of justice and in defending public interests,

The following Basic Principles on the Role of Lawyers, formulated to assist Member States in their task of development and to ensure the proper role of lawyers, should be respected and taken into account by Governments in their national law and practice and should be brought to the attention of lawyers as well as others persons such as judges, prosecutors, representatives of the executive and legislature and the general public. These Principles also apply, where necessary, to persons who perform the functions of lawyers without having the official status of such.

Access to lawyers and legal services

1. Everyone has the right to turn to any lawyer for help to protect and defend his rights and protect him at all stages of criminal proceedings.

2. The government shall provide effective procedures and flexible mechanisms for effective and equal access to lawyers for all persons within their territory and subject to their jurisdiction, without any distinction such as discrimination based on race, color, ethnic origin, sex , language, religion, political or other beliefs, national or social origin, property, class, economic or other status.

3. The Government shall ensure that sufficient financial and other means are provided for the provision of legal services to the poor and, where necessary, to other disadvantaged persons. Professional associations of lawyers cooperate in the organization and provision of services, facilities and other resources.

4. Governments and legal professional associations promote programs to inform people of their rights and obligations under the law and of the important role of lawyers in protecting their fundamental freedoms. Particular attention should be paid to helping the poor and other disadvantaged persons so that they can assert their rights and, when necessary, seek the assistance of lawyers.

Special safeguards in criminal matters

6. In all cases where the interests of justice so require, every such person who does not have a lawyer is entitled to the assistance of a lawyer whose experience and competence are appropriate to the nature of the offense, appointed for the purpose of providing him with effective legal assistance free of charge, if he does not have sufficient means. to pay for a lawyer.

7. In addition, Governments shall ensure that all persons arrested or detained, whether or not charged with a criminal offence, have immediate access to a lawyer and in any event no later than forty-eight hours from the time of arrest. or detention.

8. All persons arrested, detained or imprisoned shall be provided with adequate facilities, time and facilities to visit, communicate with and consult with a lawyer without delay, interference or censorship and in full confidentiality. Such consultations may take place in the presence of law enforcement officials, but without the possibility of being heard by them.

Qualification and training

10. Governments, legal professional associations and educational institutions shall ensure that there is no discrimination to the detriment of any person in entering into or continuing the professional practice of law on grounds of race, colour, sex, ethnic origin, religion, political or other opinion, national or social origin. , property, class, economic or other status, except that the requirement that the lawyer must be a citizen of the country concerned is not considered discriminatory.

11. In countries where there are groups, communities or regions whose needs for legal services are not being met, especially where such groups have distinct cultures, traditions or languages or have been victims of discrimination in the past, governments, legal professional associations and educational institutions should take special measures to enable candidates from these groups to gain access to the legal profession and to ensure that they receive an education appropriate to the needs of their groups.

Functions and responsibilities

12. Lawyers shall in all circumstances retain the honor and dignity inherent in their profession as responsible officers in the administration of justice.

13. In relation to their clients, lawyers perform the following functions:

a) advising clients on their legal rights and obligations and the operation of the legal system, in so far as it relates to the legal rights and obligations of clients;

b) providing assistance to clients by any means available and taking legislative measures to protect them or their interests;

c) providing, if necessary, assistance to clients in courts, tribunals or administrative bodies.

14. In protecting the rights of their clients and advocating the interests of justice, lawyers should contribute to the protection of human rights and fundamental freedoms recognized by national and international law, and in all cases act independently and in good faith in accordance with the law and recognized standards and professional ethics of a lawyer.

15. Lawyers always strictly observe the interests of their clients.

Guarantees in relation to the performance of their duties by lawyers

16. Governments shall ensure that lawyers: but(a) are able to carry out all their professional duties in an environment free from threats, obstructions, intimidation or undue interference; b) were able to travel and freely consult with their clients within the country and abroad; And from) have not been prosecuted or subjected to judicial, administrative, economic or other sanctions for any act performed in accordance with recognized professional duties, norms and ethics, as well as threats of such prosecution and sanctions.

17. Where the safety of lawyers is threatened by the exercise of their functions, the authorities provide them with adequate protection.

18. Lawyers do not identify with their clients or the interests of their clients as a result of their functions.

19. No court or administrative body that recognizes the right to counsel refuses to recognize the rights of a lawyer to plead for his client, unless the lawyer has been denied the right to exercise his professional duties in accordance with national law and practice. and in accordance with these principles.

20. Lawyers shall enjoy civil and criminal immunities in respect of relevant representations made in good faith in the form of written submissions to a court or oral pleadings in court or in the course of their professional duties before a court, tribunal or other legal or administrative body.

21. Competent authorities have an obligation to provide lawyers with sufficient advance access to appropriate information, files and documents in their possession or control to enable lawyers to provide effective legal assistance to their clients. Such access should be provided as soon as necessary.

22. Governments recognize and ensure the confidentiality of all communications and consultations between lawyers and their clients in the course of their professional relationship.

Freedom of opinion and association

Professional associations of lawyers

25. Professional associations of lawyers work with governments to ensure that all persons have effective and equal access to legal services and that lawyers are able, without undue interference, to advise and assist clients in accordance with the law and recognized professional and ethical standards.

Disciplinary measures

26. Lawyers, through their respective bodies and legislatures, develop codes of professional conduct for lawyers in accordance with national laws and customs and recognized international standards and norms.

27. Allegations or complaints against lawyers in their professional capacity shall be dealt with promptly and objectively in accordance with due process. Lawyers have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.

28. Disciplinary action against lawyers is reviewed by an impartial disciplinary committee established by lawyers, in an independent body provided for by law or in court, and is subject to independent judicial review.

29. All disciplinary action shall be determined in accordance with the Code of Professional Conduct and other recognized standards and professional ethics of the lawyer and in the light of these principles.

1 of the General Assembly.

2 of the General Assembly, annex.

3 of the General Assembly, annex.

4 See Human Rights: A Compendium of International Instruments(United Nations publication, Sales No. E.88.XIV.I), section G.

5 of the General Assembly, annex.

Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, its place in the history of congresses

A Brief History of the UN Congresses

According to the UN Charter, this organization is responsible for international cooperation on all topical issues. One of the main bodies of the UN, the Economic and Social Council (ECOSOC), is directly involved in the issues of cooperation between countries in the fight against crime, in the structure of which the Committee of Experts on the Prevention of Crime and the Treatment of Offenders was established in 1950. In 1971, it was transformed into the Committee for the Prevention and Control of Crime, and in 1993 - into a higher status body - the Commission on Crime Prevention and Criminal Justice.

The commission (committee) submits to ECOSOC recommendations and proposals aimed at a more effective fight against crime and humane treatment of offenders. The General Assembly, in addition, entrusted to this body the functions of preparing once every five years the UN congresses on the prevention of crime and the treatment of offenders.

The UN Congresses play a major role in the development of international rules, standards and recommendations for crime prevention and criminal justice. To date, 10 congresses have been held, the decisions of which have significantly advanced the issues of international cooperation on a reliable scientific and legal basis.

The UN congresses were held: the first - Geneva, 1955, the second - London. 1960, Third - Stockholm, 1965, Fourth - Kyoto, 1970, Fifth - Geneva, 1975, Sixth - Caracas, 1980, Seventh - Milan, 1985, Eighth - Havana, 1990 ., Ninth - Cairo, 1995, Tenth - Vienna, April 2000 Important international legal documents were developed at the UN congresses. To name just a few of the vast list: the Standard Minimum Rules for the Treatment of Prisoners, adopted by the First Congress, which were developed in a General Assembly resolution in 1990 and in its annex, which formulated the basic principles for the treatment of prisoners;

the Code of Conduct for Law Enforcement Officials, which was considered at the Fifth Congress and, after being revised in 1979, was adopted by the General Assembly;

The Declaration on the Protection of All Persons from Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was discussed at the Fifth Congress and, on its recommendation, was adopted by the General Assembly in 1975.

The sixth - ninth congresses were especially productive. The Sixth Congress adopted the Caracas Declaration, which states that the success of the criminal justice system and crime prevention strategies, especially in the face of the spread of new and unusual forms of criminal behavior, depends primarily on progress in improving social conditions and improving the quality of life. Around 20 resolutions and other decisions were adopted at the congress concerning crime prevention strategies, prevention of abuse of power, minimum standards of fairness and juvenile justice, guidelines for judicial independence, legal awareness and dissemination of legal knowledge, etc.

The Seventh Congress adopted the Milan Plan of Action, which states that crime is a serious problem on a national and international scale. It hinders the political, economic, social and cultural development of peoples and endangers human rights, fundamental freedoms, as well as peace, stability and security. The adopted documents recommended that governments give priority to crime prevention, intensify cooperation between themselves on a bilateral and multilateral basis, develop criminological research, pay special attention to the fight against terrorism, drug trafficking, organized crime, and ensure broad public participation in crime prevention.

The Congress adopted over 25 resolutions, including: the United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("Beijing Rules"), a declaration of basic principles of justice for victims of crime and abuse of power, basic principles relating to the independence of the judiciary, and others .

The following topics were discussed at the Eighth Congress: crime prevention and criminal justice; criminal justice policy; effective national and international action to combat organized crime and terrorist criminal activity; youth crime prevention, juvenile justice and youth protection; UN norms and guidelines in the field of crime prevention and criminal justice.

The Congress adopted the largest number of resolutions - 35. To name just a few: international cooperation in the field of crime prevention and criminal justice; the United Nations Guidelines for the Prevention of Juvenile Delinquency (the "Riyadh Principles"); crime prevention in the urban environment; organized crime prevention: combating terrorist activities; corruption in public administration; basic principles for the treatment of prisoners; international and interregional cooperation in the field of prison management and community sanctions.

The Ninth Congress discussed four themes: international cooperation in crime prevention and criminal justice; measures to combat national and transnational economic and organized crime; management and improvement of the work of the police and other law enforcement agencies, the prosecutor's office; ry, courts, correctional institutions; crime prevention strategy. Congress adopted 11 decisions, including: recommendations on the prevention of crime and the treatment of offenders, the results of the discussion of the draft convention on combating organized crime, as well as on children as victims and perpetrators of crimes, on violence against women, on regulating the circulation of firearms in order to crime prevention and public safety.

Judging by the number of documents adopted, after the Eighth Congress, the role of this international institution begins to decline somewhat. It is increasingly shifting towards a recommendatory advisory nature of its activities. A significant part of its functions is transferred to the growing Commission on Crime Prevention and Criminal Justice, ECOSOC and the General Assembly.

The International Committee for Coordination (ICC), referred to as the Committee of Four, takes an active part in the development of many international documents on combating crime and criminal justice, since it covers the work of the International Criminal Law Association (IAML), the International Criminological Society (ICS), the International Society for Social Protection (ICH) and the International Criminal and Prison Fund (ICPF).

New approaches to the development of international rules are less expensive and more professional. The indicated trend is seen as a policy of a certain pragmatism of the UN, since any recommendations, rules, standards, resolutions and declarations acquire a more significant international legal character when they are adopted by the governing structures of the UN and the General Assembly. Conventions have a special place in the system of international documents.

The most concise and selective list of issues that were discussed at past congresses shows how important they were in developing optimal and effective approaches for international cooperation and improving national ways to combat crime in connection with its globalization.

Tenth UN Congress and its significance

The Congress was held from 10 to 17 April 2000 at the Vienna International Center of the United Nations. 138 countries were represented at the congress. The largest delegation is from Austria (45 people). From South Africa - 37, from Japan - 29, from the USA - 21, from France - 20 people. Many countries (Burundi, Guinea, Haiti, Mauritania, Nicaragua, etc.) were represented by one participant. The Russian delegation consisted of 24 members of law enforcement, executive, legislative and scientific institutions, including (5 people - from the Permanent Mission of Russia to the UN in Vienna. The delegation was headed by First Deputy Minister of Internal Affairs of the Russian Federation V.I. Kozlov.

The UN Secretariat and its associated research institutes were widely represented at the congress: UNAFEI (Asia and the Far East), UNICRI (Interregional), ILANUD (Latin America), HEUNI (European), UNAFRI (African Regional), NAASS (Arab Academy), AIC (Australian Institute of Criminology), ISPAC (International Scientific Council), etc., as well as intergovernmental organizations (ASEAN, Council of Europe, European Commission, Europol, etc.), numerous (over 40) international non-governmental organizations (Amnesty International, International Association of Criminal Law, International Criminological Society, International Society for Social Protection, International Criminal and Penitentiary Foundation, International Sociological Association, etc.).

370 individual experts attended, including 58 from the US, 29 from the UK and other countries. From Russia - only one individual expert, 2-5 each from the CIS countries and the Baltic states. For example, from Ukraine, with the size of the official delegation of 8 people, there were 5 individual experts.

The following topical issues were brought up for discussion: 1) strengthening the rule of law and strengthening the criminal justice system; 2) international cooperation in the fight against transnational crime: new challenges in the 21st century; 3) effective crime prevention: keeping up with the latest developments; 4) offenders and victims: accountability and fairness in the administration of justice.

At the plenary session, after the opening of the congress and the resolution of organizational issues, an overview of the situation in the world in the field of crime and criminal justice was presented, and from April 12 until the end of the congress, the topic was actively discussed at the plenary session: "International, cooperation in the fight against transnational crime: new challenges in the 21st century". Moreover, on April 14-15, this discussion was held within the framework of the "high-level segment", where the heads of government delegations delivered national reports. The discussion ended with the adoption of the Vienna Declaration on Crime and Justice: a response to the challenges of the 21st century.

Along with the plenary session, work was carried out in two committees. The topics discussed in the First Committee were "Strengthening the rule of law and strengthening the criminal justice system", "Effective crime prevention: keeping up with the latest developments", "Offenders and victims: accountability and fairness in the administration of justice". Workshops were held in the Second Committee on the fight against corruption, on public participation in crime prevention, on women in the criminal justice system (female offender, female victim, female criminal justice officer), on crimes related to the use computer networks.

All topics of discussion were closely related to the solution of the main problem of international cooperation - the fight against transnational and national criminal challenges of the new century. As a result, the important outcomes of all discussions were reflected in one way or another in the Declaration on Crime and Justice.

Traditionally, on the last day of the congress, its report was approved. But unlike previous UN forums, not a single resolution was considered at the Tenth Congress. Only one declaration was discussed and adopted, but a very important one. At the turn of the century, it defines the strategy for combating transnational crime. Its draft was discussed throughout the congress and not only at the plenary session and committees, but also during informal consultations of leaders and members of national delegations.

In connection with the enormous global significance, capacity and brevity of the Vienna Declaration, it is advisable not to retell its provisions, but to quote them in full.

Vienna Declaration on Crime and Justice: Responses to the Challenges of the 21st Century.

We, the Member States of the United Nations,

Concerned about the impact on our society of serious crimes of a global nature, and convinced of the need for bilateral, regional and international cooperation in the field of crime prevention and criminal justice,

Particularly concerned about transnational organized crime and the interrelationships between its various types,

Convinced that adequate prevention and rehabilitation programs are fundamental to an effective crime-fighting strategy and that such programs must take into account socio-economic factors that may make people more vulnerable to criminal acts and more likely to commit such acts,

Emphasizing that a fair, responsible, ethical and efficient criminal justice system is an important factor in promoting economic and social development and human security,

Conscious of the potential of restorative approaches to justice that aim to reduce crime and promote the healing of victims, offenders and communities,

Meeting at the Tenth United Nations Congress on the Prevention of Crime on the Treatment of Offenders in Vienna from 10 to 17 April 2000 to decide on more effective concerted action in a spirit of cooperation to tackle the world crime problem,

we proclaim the following:

1.We note with appreciation the results of the regional preparatory meetings for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.

2. We reaffirm the goals of the United Nations in the field of crime prevention and criminal justice, especially the reduction of crime, the more effective and efficient enforcement of the rule of law and the administration of justice, respect for human rights and fundamental freedoms, and the promotion of the highest standards of fairness, humanity and professional conduct.

3.We underscore the responsibility of each state to establish and maintain a fair, responsible, ethical and efficient criminal justice system.

4. We recognize the need for closer coordination and cooperation among States in dealing with the world crime problem, given that the fight against it is a common and shared responsibility. In this regard, we recognize the need to intensify and promote technical cooperation activities in order to assist States in their efforts to strengthen their domestic criminal justice systems and their capacity for international cooperation.

5.We attach high priority to the completion of negotiations on the United Nations Convention against Transnational Organized Crime and its Protocols, taking into account the interests of all States.

6.We support efforts to assist States in building capacity, including training and technical assistance, and in developing legislation and regulations, as well as building expertise, to help implement the Convention and its Protocols.

7. Considering the objectives of the Convention and its protocols, we strive to:

(a) Incorporate a crime prevention component into national and international development strategies;

b) intensify bilateral and multilateral cooperation, including technical cooperation, in the areas covered by the Convention and its protocols;

(d) Strengthen the capacity of the Center for International Crime Prevention, as well as the United Nations Crime Prevention and Criminal Justice Program network, to assist States, upon request, in building capacity in the areas covered by the Convention and its protocols.

8. We welcome the efforts being made by the Center for International Crime Prevention to conduct, in collaboration with the United Nations Interregional Crime and Justice Research Institute, a comprehensive global survey of organized crime to provide a reference base and assist Governments in developing policies and programs.

9. We reaffirm our continued support and commitment to the United Nations and the United Nations Crime Prevention and Criminal Justice Programme, especially the Commission on Crime Prevention and Criminal Justice and the Center for International Crime Prevention, the United Nations Interregional Crime Prevention and Criminal Justice Research Institute crime and justice institutions and the institutions of the Programme's network, as well as the determination to further strengthen the Program by securing appropriately sustainable funding.

10. We commit ourselves to strengthening international cooperation to create an environment conducive to the fight against organized crime, growth and sustainable development, and the eradication of poverty and unemployment.

11. We commit to take into account and address the different impacts of programs and policies on men and women, respectively, within the framework of the United Nations Crime Prevention and Criminal Justice Program and within national crime prevention and criminal justice strategies.

12. We also commit to developing action-oriented policy recommendations that take into account the specific needs of women as criminal justice practitioners, victims, prisoners and offenders.

13. We emphasize that effective action in the field of crime prevention and criminal justice requires the participation as partners and actors of governments, national, regional, interregional and international institutions, intergovernmental and non-governmental organizations and various segments of civil society, including the media and private sector, as well as recognizing their respective roles and contributions.

14. We commit ourselves to develop more effective ways of mutual cooperation in order to eradicate the abhorrent phenomenon of trafficking in persons, especially women and children, and smuggling of migrants. We will also consider supporting the global anti-trafficking program developed by the Center for International Crime Prevention and the United Nations Interregional Crime and Justice Research Institute, subject to close consultation with States and review by the Commission on Crime Prevention and criminal justice, and we identify 2005 as a year in which a significant reduction in the number of such crimes worldwide will be achieved, and if this goal is not achieved, to assess the actual implementation of the recommended measures.

15. We also commit to strengthening international cooperation and mutual legal assistance to curb the illicit manufacture of and trafficking in firearms, their parts and components and ammunition, and we identify 2005 as the year in which such incidents will be significantly reduced worldwide.

16. We further commit to strengthen international action against corruption, building on the United Nations Declaration against Corruption and Bribery in International Business Transactions, the International Code of Conduct for Public Officials and RELEVANT regional conventions, and building on the work of regional and global fora . We stress the urgent need to develop an effective international legal instrument against corruption, in addition to the United Nations Convention against Transnational Organized Crime, and we invite the Commission on Crime Prevention and Criminal Justice to request the Secretary-General to submit to the Commission at its tenth session, in consultation with States, a thorough review and analysis of all relevant international instruments and recommendations as part of the preparatory work for the development of such an instrument. We will consider supporting the global anti-corruption program developed by the Center for International Crime Prevention and the United Nations Interregional Crime and Justice Research Institute, subject to close consultation with States and review by the Commission on Crime Prevention and Criminal Justice.

17. We reaffirm that the fight against money-laundering and economic crime is an essential element of strategies to combat organized crime, as enshrined as a principle in the Naples Political Declaration and the Global Plan of Action against Transnational Organized Crime. We are convinced that the key to success in this fight lies in the establishment of broad regimes and the harmonization of appropriate mechanisms to combat money laundering of the proceeds of crime, including support for initiatives aimed at states and territories that offer offshore financial services that enable the laundering of proceeds of crime.

18. We decide to develop action-oriented policy recommendations for the prevention and control of computer-related crime, and we invite the Commission on Crime Prevention and Criminal Justice to initiate work in this direction, taking into account the work that conducted in other forums. We also commit to work towards strengthening our ability to prevent, investigate and prosecute high-tech and computer-related crime.

19. We note that acts of violence and terrorism continue to be of great concern. Within the framework of the Charter of the United Nations and subject to all relevant General Assembly resolutions, and in conjunction with our other efforts to prevent and combat terrorism, we intend to work together to take effective, decisive and immediate action to prevent criminal activities carried out to promote terrorism in all its forms and manifestations, and to combat such activities. To this end, we commit ourselves to make every possible effort to promote universal adherence to international instruments relating to the fight against terrorism.

20. We also note that racial discrimination, xenophobia and related forms of intolerance persist and we recognize that it is important to take steps to include measures to prevent racist, racially discriminatory crime in international crime prevention policies and standards , xenophobia and related forms of intolerance, and the fight against it.

21. We reaffirm our determination to combat violence stemming from ethnic intolerance and commit ourselves to make a significant contribution in the fields of crime prevention and criminal justice to the work of the planned World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.

22. We recognize that the United Nations standards and norms in crime prevention and criminal justice are effective in combating crime. We also recognize the importance of prison reform, the independence of the judiciary and prosecutors, and the implementation of the International Code of Conduct for Public Officials. We will seek, where appropriate, the use and application of United Nations standards and norms in crime prevention and criminal justice in national law and practice. We undertake, where appropriate, to review the relevant legislation on administrative procedures in order to enable the necessary education and training of the relevant officials and to ensure the necessary strengthening of the institutions entrusted with the administration of criminal justice,

23. We also recognize the practical value of model treaties on international cooperation in criminal matters as important tools for promoting international cooperation, and we invite the Commission on Crime Prevention and Criminal Justice to encourage the Center for International Crime Prevention to update the compendium in order to provide the most up-to-date versions such model treaties at the disposal of States that wish to avail themselves of them.

24. We further recognize with deep concern that juveniles in difficult circumstances are often at risk of becoming offenders and/or easy prey for involvement in criminal groups, including those associated with transnational organized crime, and we commit ourselves to taking countermeasures to prevent this growing phenomenon and include, where appropriate, provisions relating to the administration of juvenile justice in national development plans and international development strategies, and to take into account issues relating to the administration of juvenile justice in its funding policies for cooperation in development goals.

25. We recognize that comprehensive crime prevention strategies at the international, national, regional and local levels must address the root causes and risk factors associated with crime and victimization through appropriate social, economic, health, education and justice. We urge the development of such strategies, given the recognized success of prevention initiatives in many nations, and in the belief that crime can be reduced by applying and sharing our collective experience.

26. We commit to prioritize curbing growth and avoiding excessive numbers of detainees and pre-trial detainees, as appropriate, by implementing credible and effective alternatives to imprisonment.

27. We decide to adopt, where appropriate, national, regional and international plans of action in support of victims of crime, such as mediation and restorative justice mechanisms, and we identify 2002 as the date for States to review their respective practices, strengthen assistance to victims and awareness-raising campaigns on victims' rights; and considering the establishment of funds for victims, in addition to the development and implementation of a witness protection policy.

28. We call for the development of restorative justice policies, procedures and programs that respect the needs and interests of victims, offenders, communities and all other stakeholders.

29. We invite the Commission on Crime Prevention and Criminal Justice to develop specific measures to implement and follow up on the commitments we have made under this Declaration.

Bibliography

A/CONF.187/4 Rev.3.

A/CONF.187/RPM.1/1 and Corr.l, A/CONF.187/RPM.3/1 and A/CONF.187/RPM.4/1.

General Assembly resolution 51/191, annex.

A/49/748, annex.

General Assembly resolution 51/59, annex.

V.V. Luneev. professor, member of the Congress. Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, its place in the history of congresses.

The third stage of international cooperation on penitentiary problems begins after the creation in 1947. United Nations. Under the auspices of the UN since 1955. The third series of international congresses on the prevention of crime and the treatment of offenders is currently underway. Such congresses are held once every five years in the form of specialized conferences. The legal basis for their activities is the resolutions of the UN General Assembly, the Economic and Social Council. As a rule, UN congresses end with the adoption of a final document - a report on the problems under consideration. The report, resolutions and other decisions of the congresses, although of a recommendatory nature, are extremely important for establishing close cooperation between countries in the fight against crime and the treatment of offenders, contributing to a wide exchange of experience between penitentiary institutions.

A total of nine such congresses have been held in the past period. Government organizations, representatives of UN specialized agencies and international organizations, as well as individuals who are specialists in this field, took part in their work. Our country has been participating in the third series of congresses since 1960, i.e. from the second congress.

The first UN Congress on the Prevention of Crime and the Treatment of Criminals was held in August-September 1955 in Geneva. The congress agenda included five items: Standard Minimum Rules for the Treatment of Prisoners; open correctional facilities; penitentiary labor; the recruitment, training and status of prison staff; prevention of juvenile delinquency.

The historic significance of the first UN Congress is that it adopted the Standard Minimum Rules for the Treatment of Prisoners. Currently, they are the most important international document protecting the rights and interests of convicts. This is a kind of "Magna Carta" of the rights of convicts.

The adoption of this document, in fact, was the work of all previous congresses of the first and second series. The history of the creation of international standards for the treatment of prisoners begins with the London Congress of 1872, which adopted a document called "Principles of Penitentiary Science", which was the first attempt to describe international rules for the treatment of prisoners. It is mentioned in the materials of ten congresses held from 1872 to 1925. This period can be called the first, preparatory period in the history of the creation of international standards for the treatment of prisoners.

Since 1925, with the London Congress, the second period of the creation of international rules for the treatment of prisoners begins. First, at this congress, then at a meeting of the International Criminal and Penitentiary Commission, a proposal was made to create a single document that would determine the minimum rights of persons deprived of their liberty, by decision of the judicial authorities. In 1929 a preliminary version of such a document was created, which consisted of fifty-five rules. In 1933 finalized the first international draft minimum rules for the treatment of prisoners. This project was approved by the League of Nations in 1934 and lasted until 1949.

The third stage in the development of international rules for the treatment of prisoners begins in 1949. This year in Bern, at a meeting of the International Criminal and Penitentiary Commission, it was recommended to develop a new version of the rules, taking into account the changed conditions. By 1951, such an option had been developed and submitted to the UN. The first United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva in 1955, adopted one of the resolutions the Standard Minimum Rules for the Treatment of Prisoners.

On the second subject under discussion, the First Congress adopted a resolution entitled "Open Penitentiary and Correctional Institutions". It indicated the characteristic features of an open institution, gave recommendations on the procedure for keeping convicts in them, determining the category of persons who could be sent to them. It was emphasized that these institutions are important from the point of view of the social rehabilitation of convicts, their adaptation to the conditions of freedom.

The resolution "Selection and training of personnel for penitentiary correctional institutions" stressed the importance of the following issues: (a) the nature of the prison system; b) the status of prison staff and conditions of service; c) recruitment of service personnel; d) professional training.

According to this resolution, employees of penitentiary institutions should be equated with highly paid civil servants who do not need housing and other communal benefits. Their service cannot be organized on the principles of military regulations, however, in order to ensure subordination, they are subject to the disciplinary regulations. Prison staff should be staffed with specialists from among qualified psychiatrists, psychologists, social workers, teachers, labor instructors. To improve their professional level, special educational institutions should be created, various seminars for the exchange of experience and advanced training should be organized.

The Second United Nations Congress on the Prevention of Crime and the Treatment of Offenders was held from 8 to 20 August 1960. in London. The congress agenda included the following issues: 1) new forms of juvenile delinquency, their origin, prevention and treatment of juvenile delinquents; 2) special police services for the prevention of juvenile delinquency; 3) prevention of crimes that are the result of social changes and are associated with the economic development of less developed countries; 4) short-term imprisonment; 5) preparation of prisoners for release and post-penitentiary assistance, as well as assistance to dependents of prisoners; 6) the use of prison labor within the framework of the national economy, including the issue of remuneration of prisoners.

The central issue of this congress was the issue of combating juvenile delinquency. Questions of purely penitentiary problems were considered by only one section. In particular, at this section, the report "Preparation of prisoners for release and post-penitentiary assistance, as well as assistance to dependents of prisoners" was made, the main idea of which was that the preparation of prisoners for release should be carried out in the last period of serving a sentence. For the first time, delegates from our country took part in this congress, who defended a different point of view: preparation for release should be carried out during the entire period of serving the sentence and should be aimed at reforming the convicts.

At the meeting of the section, the second report "The use of prison labor in the framework of the national economy, including the question of remuneration of prisoners for work" was also heard. The prevailing point of view was that labor is a means of correcting prisoners, and not a punishment. Congress recommended that the quality of labor be considered as one of the factors influencing the decision on the issue of early release of prisoners. In the matter of introducing prisoners to work, it was recommended that their vocational training be considered mandatory. It was emphasized that school and vocational education should be based on nationwide programs and enable prisoners to receive the same documents after graduation as in ordinary institutions outside.

The Third United Nations Congress on the Prevention of Crime and the Treatment of Offenders met in Stockholm from 9 to 18 August 1965. The congress agenda included the following issues: 1) social change and crime prevention; 2) social factors and crime prevention; 3) public preventive measures (preparation and implementation of programs related to medical, police and social services); 4) measures to prevent recidivism (harmful consequences of pre-trial detention and inequality in the administration of justice); 5) correctional term and other measures outside correctional institutions; 6) special preventive and corrective measures for young people.

The agenda shows that the attention of this congress was focused mainly on issues of criminal law and criminology. Nevertheless, considering the issues of recidivism, the congress somehow touched upon the activities of correctional institutions. In particular, the following was noted:

a) if the purpose of deprivation of liberty is to protect society from criminal encroachments, then this can be achieved only through the correction of offenders;

b) a purely punitive approach cannot achieve this goal;

c) reducing recidivism is influenced by such factors as preparing convicts for release, providing convicts with leave before release, providing assistance after release (work and household arrangements);

d) convicts are negatively affected by the factors of deprivation of liberty, therefore it does not benefit either the offender or society;

e) when applying punishment, it is necessary to resort more frequently to the system of measures that exclude deprivation of liberty, while retaining the latter for the most dangerous criminals;

f) persons who have committed crimes for the first time should seek to apply a conditional sentence, a sentence with a probationary period, a fine, work outside the place of deprivation of liberty;

g) long terms of punishment (ten or more years) do not reach the goal of correction;

h) within the walls of a penitentiary institution, there are two opposite social systems - administration and prisoners -, and due to the fact that the latter is determined by values and norms that are anti-social in nature, it significantly affects the emergence of crime within the walls of prison institutions;

i) recidivism depends more often not so much on the work of a penitentiary institution, but on the work of state bodies outside this institution.

In discussing the issue of special and corrective measures for young people, a number of interesting recommendations have been made. For example, in relation to this category of persons, it is recommended to apply a measure of restraint in the form of detention as rarely as possible, and in the case of detention of minors, they should be kept separately from other categories of offenders. For juveniles and young offenders, traditional forms of imprisonment should be avoided, and it is recommended that they be placed in open prisons, in which serious attention is paid to vocational training and preparation for release.

Fourth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in August 1970. in Kyoto (Japan), was held under the motto "Development and Crime". The congress agenda included the following issues: 1) social protection policy in relation to development planning; 2) public participation in the prevention of crime and the fight against it, including juvenile delinquency; 3) Standard Minimum Rules for the Treatment of Prisoners in their latest developments in correctional practice; 4) organization of scientific research for the development of policy in the field of social protection.

Judging by the agenda, this congress was also basically criminological in nature. However, the issue of the Standard Minimum Rules for the Treatment of Prisoners was a purely penitentiary issue. The following areas were discussed at the congress: (a) the nature of the Standard Minimum Rules; b) their scope; c) their status; d) their application on a national and international scale; e) the need for their improvement.

It was stated at the congress that although the Standard Minimum Rules are universal in nature, nevertheless, they must be applied flexibly, taking into account the national-historical, socio-economic and spiritual characteristics of each country that takes these rules as a model for the treatment of criminals. In the light of these circumstances, it is premature to turn the Standard Minimum Rules for the Treatment of Prisoners into the rank of an international convention, without removing this issue from the agenda in the future.

At the congress, the delegates from the USSR listened to the speech on the new corrective labor legislation, which in many norms absorbed the progressive ideas of the Standard Minimum Rules for the Treatment of Prisoners.

Based on the results of the consideration of the Standard Minimum Rules for the Treatment of Prisoners, the Congress recommended: a) the UN General Assembly - to adopt a resolution that would approve the rules themselves and their application by all UN member states; b) the Economic and Social Council and the Secretary General to implement measures aimed at promoting scientific research and the development of technical assistance, establish a special working group of qualified experts to study the rules; c) the working group of experts - to give an international assessment of the application of the rules.

The Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders has been held since September 1975 in Geneva (Switzerland). Five sections worked in accordance with the agenda:

1) change in the forms and scale of crime - international and domestic;

2) the role of criminal legislation, administration of justice and other forms of public control in the prevention of crime;

3) a new role for the police and other law enforcement agencies, with particular emphasis on changing environments and minimum efficiency measures;

4) treatment of convicts;

5) economic and social consequences of crime: new challenges in research and planning.

This congress at breakout sessions considered issues that are mainly of a criminal law and criminological nature: crime as a form of business at the domestic and international levels; crime related to alcohol and drug abuse, migration, traffic, etc. The issues of professional training of political personnel, international police cooperation, etc. were also touched upon.

The fourth section discussed purely penitentiary issues. A draft report entitled "Treatment of Imprisoned and Liberated Offenders with Particular Emphasis on Compliance with the United Nations Standard Minimum Rules for the Treatment of Prisoners" was discussed here. Congress participants drew attention to the issues of humane criminal justice and correctional systems, the replacement of imprisonment with alternative measures. It was found that the ultimate goals of the correctional system are: the resocialization of the offender; protecting society and reducing crime. It was also stated that in the interests of reforming the correctional system, it is advisable to provide reliable guarantees for the protection of the rights of convicts, expand the participation of citizens in the development and implementation of penitentiary programs, and strengthen the interaction of correctional institutions with healthcare and social security institutions.

The penitentiary section also discussed and adopted "Procedures for the Effective Implementation of the Standard Minimum Rules for the Treatment of Prisoners". This document regulates the main provisions for the application of the Rules (inclusion in national legislation), the system for collecting information on their application, the mandatory familiarization of prisoners with them, and the methods for their distribution.

The issues of application and improvement of the Rules should be dealt with by the permanent committee on crime prevention, as a structural unit of the UN Economic and Social Council. The section also developed recommendations on the inclusion of the Standard Minimum Rules in the curricula for the training of employees of penitentiary institutions.

The Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders was held in November 1980. in Caracas (Venezuela). The work of the congress sections was carried out in the following areas:

1) Trends in the field of crime and a strategy to overcome it;

2) Prosecution of juvenile offenders before and after the commission of crimes;

3) Crime and abuse of power, offenses and offenders beyond the reach of the law;

4) Reorganization in the field of correctional measures and its impact on those in detention;

5) United Nations standards and guidelines in the administration of criminal justice; the death penalty.

6) New Perspectives in Crime Prevention and Criminal Justice; the role of international cooperation.

Problems related to the field of penology were considered during the discussion of the fourth agenda item of the congress. As a result of the discussion, a declaration ("Caracas") and a resolution (decisions) on problems of criminal justice and the treatment of offenders were adopted. They focused on the following:

a) search for new criminal law measures that come as an effective alternative to punishment in the form of deprivation of liberty;

b) active involvement of the public in the process of implementation of measures alternative to deprivation of liberty, in particular in the implementation of measures to return offenders to socially useful activities;

c) reducing the number of prisons.

On the fifth item on the congress agenda, much attention was paid to capital punishment - the death penalty. The delegates of some countries (Sweden, Austria) proposed to exclude it from the criminal law as inhumane and immoral. However, this proposal was rejected by the majority of the delegates. They spoke in favor of retaining the death penalty as a temporary measure for the most serious crimes (against peace, military crimes and crimes against humanity).

The congress also discussed the following issues: a) the implementation of human rights covenants in relation to prisoners; b) on the development of a draft convention against torture and other cruel, inhuman or degrading forms of treatment or punishment; c) on the creation of a code of conduct for law enforcement officials, etc.

The Seventh UN Congress on the Prevention of Crime and the Treatment of Offenders took place on August 26 - September 6 in Milan (Italy). This congress was held under the motto "Crime Prevention for Freedom, Justice, Peace and Development". The agenda included the following items:

1) new forms of crime crime prevention in the context of development; 2) future challenges; 3) processes and perspectives of criminal justice in a changing world; 4) victims of crimes; 5) youth, crime and justice; 6) development and application of UN standards and norms in the field of criminal justice.

This congress, in terms of the content of the issues under consideration, was of a criminological nature. However, the congress did not go unnoticed and penitentiary problems. Among the documents adopted at the congress was such a document as the UN Standard Minimum Rules. These rules related to the administration of juvenile justice and were called the Beijing Rules (their development was completed in Beijing). The Rules provide, in their most general form, guidance on juvenile justice, investigation and trial, adjudication and enforcement, and the treatment of juvenile offenders in and out of correctional facilities.

In the part concerning the treatment of criminals in correctional institutions, the provision is made that the purpose of educational work with minors is to provide guardianship and protection, receive education and professional skills, and assist them in fulfilling a socially constructive and fruitful role in society. In addition, they should be provided with psychological, medical and physical assistance, which should be provided taking into account their age, sex and personality, as well as the interests of their full development.

The Rules also emphasize that juveniles in correctional institutions should be held separately from adults (in separate institutions), they should be given the opportunity to meet with relatives, and inter-agency cooperation should be encouraged to provide them with a full education.

The congress also adopted a "Model Agreement for the Transfer of Foreign Prisoners" and "Recommendations for the Treatment of Foreign Prisoners".

The subject of special discussion at the congress was the treatment of prisoners. They concerned mainly the implementation of the "Standard Minimum Rules" adopted at the First Congress in 1955, as well as the resolution of the previous YI Congress, which paid special attention to international instruments in the field of rights and their implementation in relation to prisoners. The result of discussions on this topic was a resolution entitled "Status of Prisoners".

The Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders was held in Havana from 27 August to 7 September 1990. The main theme of the congress: "International cooperation in the field of crime prevention and criminal justice in the XXI century". In accordance with it, the following issues were included in the agenda:

1) crime prevention and criminal justice in the context of development: reality and prospects for international cooperation;

2) criminal justice policy relating to prison issues and the implementation of other legal sanctions and alternative measures;

3 effective national and international action to combat organized crime and terrorist criminal activity;

4) crime prevention, juvenile justice and youth protection;

5) UN norms and guidelines in the field of crime prevention and criminal justice: their implementation and priorities in relation to the establishment of new norms.

A sharp controversy at the congress was caused by the question of the policy in the field of imprisonment. There were disputes about the possibility of re-educating a criminal in places of deprivation of liberty. Delegates from different countries looked at it differently. Some argued that punishment in itself carries elements of re-education, others were very skeptical about this idea in general. However, the delegates nevertheless came to the conclusion that if it is possible to re-educate a criminal, then the necessary measures should be taken for this.

Another important issue from the point of view of the penitentiary was the issue of alternative measures to deprivation of liberty. It turned out that the latter is the main form of punishment in different countries, and this worries many, since even at previous congresses it was recognized that keeping prisoners in places of deprivation of liberty is not effective, especially in relation to persons who have committed crimes of small or medium gravity. In this regard, it was proposed at the congress to use the systems of fines and material compensation to victims more widely. On this issue, it was decided to adopt the "United Nations Standard Minimum Rules for Non-custodial Measures" (the Tokyo Rules).

The Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders was held in Cairo (Egypt) in 1995.

The agenda of the congress included the following issues:

1) international cooperation and practical technical assistance in strengthening the rule of law: assistance in the implementation of UN programs in the field of crime prevention and justice;

2) measures to combat national and transnational economic and organized crime and the role of criminal law in environmental protection: national experience and international cooperation;

3) criminal justice and justice systems: management and improvement of the work of the police, prosecutors, courts and correctional institutions;

4) strategies in the field of crime prevention, in particular with regard to crime in urban areas and juvenile delinquency and violent crime, including the issue of victims.

Concerning the problems of work of correctional institutions, the following questions were considered at the congress. First, measures were discussed to improve the recruitment and training of prison officials as possible ways to improve the treatment of offenders in prisons. Secondly, attention was drawn to the poor conditions that exist in prisons, as well as the significant costs of maintaining them. In this respect, correctional services are often sacrificed in some countries when national budgets are being cut or priorities are being reassessed. Thirdly, it was supposed to analyze the work schedule of prisons in order to more rationally manage their daily lives. Fourthly, it was emphasized that imprisonment should be combined with education, health care and various crime prevention programmes.

At the congress, the discussion of the problems of the application of punishments not related to isolation from society, begun at the thirteenth congress, continued. These penalties are considered appropriate for a significant number of criminal acts, although globally the adoption of alternative measures to imprisonment is still at an early stage. It was also noted that in some countries over two thirds of all criminal cases heard by the judiciary did not result in a prison sentence. It is believed that such measures reduce the number of correctional staff and reduce the cost of such institutions, as well as indirectly contribute to the creation of more favorable conditions for the detention of prisoners in penitentiary institutions.

The congress also addressed the question of the implementation in practice of the Standard Minimum Rules for the Treatment of Prisoners. Noting the importance of these Rules for the development of criminal policy and practice, the congress noted that in many countries there are many obstacles that make it difficult to implement them. To solve this problem, it is proposed: a) to disseminate information about the practical functioning of penitentiary systems not only among governments, but also among professional organizations, scientific institutions, correctional organizations and the general public; b) widely disseminate to prison authorities a practical guide on the interpretation and application of the Standard Minimum Rules for the Treatment of Prisoners; c) exchange views on improving the conditions of detention of prisoners and strengthen cooperation in this field; d) encourage and support research on penitentiary systems carried out by the scientific community and non-governmental organizations; e) ensure openness of information about penitentiary systems and improve the efficiency of their functioning by providing ways and means for monitoring their activities by independent national bodies, such as judicial review or parliamentary control, as well as authorized independent commissions to consider complaints.

Resolution IX of the Congress decided that States should consider reviewing the penitentiary system, including the adoption of legislation to ensure its coherent functioning within the broader criminal justice system. To this end, Congress recommends:

(a) Strengthen coordination between the penitentiary system and the broader criminal justice system and ensure that the system is more closely involved in programming studies and drafting legislation;

b) Ensure the improvement of educational institutions for the training of prison officials and staff as one of the main priorities in the modernization of the system, organize regular training programs and promote the exchange of information between the prison administration and the scientific university society;

c) continue and expand the exchange of information and technical cooperation at the international, regional and national levels in order to improve the training of correctional staff;

d) use, when appropriate, alternative penalties for offenders;

e) ensure respect for the dignity and rights of detainees by reviewing and amending, if necessary, the regulations governing the penitentiary system.

The Tenth UN Congress on the Prevention and Treatment of Offenders was held in April 2000 in Vienna (Austria). The agenda of the Congress included consideration of the following issues: strengthening the rule of law and strengthening the criminal justice system; international cooperation in the fight against transnational crime; new challenges in the ΧΧІ century; effective crime prevention in step with the latest developments; offenders and victims; responsibility and justice in the process of justice. Hence the motto of the Congress - "Crime and Justice: Responses to the Challenges of the ΧΧІ Century".

In addition, the workshops discussed topics such as: the fight against corruption; community involvement in crime prevention; crimes related to the use of a computer network; women in the justice system. Thus, the problems related to the execution of punishment were not considered at the Congress.

Particular attention at the Χ Congress was paid to the problem of organized crime, which has entangled all regions of the world with its tentacles and is causing enormous damage to them, amounting to many billions of dollars. It is associated with the ever-increasing production and distribution of drugs, the expansion of the illicit firearms market, dangerous trends in the rise of terrorism, and so on. therefore, in 2000, it is planned to sign the UN Convention against transnational organized crime, as well as three legal instruments on human trafficking; on smuggling of migrants; on the illegal manufacture and trafficking of firearms. In addition, the United Nations Office for Drug Control and Crime Prevention has recently created a unit for the prevention of terrorism, whose functions include monitoring and analyzing trends in this area around the world, reviewing the experience of various countries in the fight against terrorism and providing a global overview of this criminal phenomenon. .

The problem of strengthening the rule of law was discussed at the Congress. The approach to this problem was based on the concept of the rule of law and the nature of the rule of law. In this regard, recommendations were developed to ensure transparency in the formation of legislative policy and the administration of justice in criminal cases, which can lead to an increase in trust and respect for the law. When implementing measures to strengthen the rule of law, they should be approached consistently and realistically so that society and its citizens recognize it as their own.

It was also emphasized that there should be legal provisions governing the fight against organized crime, so that criminals would not be able to choose countries for their activities based on the principle of the least risk or the maximum possible profit.

On the issue of crime prevention, attention was drawn to the following:

a) progress in the field of theory and practice of situational (special) crime prevention (when crimes are repeatedly committed against a small part of the population and when they are committed in "hot spots", i.e. where they are most often committed);

b) development of international principles for the prevention of crime;

c) community involvement in crime prevention;

d) social consequences of crime, etc.

In the discussion on “offenders and victims”, it was noted that more than half of the victims of crime worldwide are not satisfied with the attitude of the police towards their complaints, that they receive a double trauma: from both the perpetrators and the police.

The workshop on the position of women in the justice system noted the clearly disproportionate negative impact that transnational organized crime has on women, in particular those who are disadvantaged or as the most vulnerable victims. Therefore, in the protocols supplementing the draft Convention against Transnational Organized Crime, special attention is paid to the protection of victims of crime - in particular women and children - and to providing them with the necessary assistance.

the Russian Federation

BASIC PROVISIONS ON THE ROLE OF LAWYERS (adopted by the Eighth United Nations Congress on the Prevention of Crime in August 1990 in New York)

Accepted
eighth UN Congress
crime prevention
in August 1990 in New York

Insofar as:

The Charter of the United Nations reaffirms the right of the people of the world to create conditions under which the rule of law will be respected, and proclaims as one of the goals the achievement of cooperation in the creation and maintenance of respect for human rights and fundamental freedoms without distinction on the basis of race, sex, language or religion;

The Universal Declaration of Human Rights affirms the principles of equality before the law, the presumption of innocence, the right to an impartial and public hearing by an independent and fair tribunal, and all the guarantees necessary for the defense of any person charged with a punishable act;

The International Covenant on Civil and Political Rights additionally proclaims the right to be heard without delay and the right to an impartial and public hearing by a competent, independent and fair tribunal as provided by law;

The International Covenant on Economic, Social and Cultural Rights recalls the obligation of states, in accordance with the UN Charter, to promote universal respect for and observance of human rights and freedoms;

The Body of Principles for the Protection of All Persons Detained or Imprisoned provides that every detainee must be given the right to assistance, consultation with a lawyer and the opportunity to communicate with him;

The Standard Minimum Rules for the Detention of Prisoners recommend, inter alia, that legal aid and confidentiality during its implementation be guaranteed to persons in detention;

Guarantees that ensure the protection of persons threatened with the death penalty confirm the right of everyone who is or may be charged with the death penalty as a punishment to receive the necessary legal assistance at all stages of the investigation and trial of the case in accordance with Art. 14 of the International Convention on Civil and Political Rights;

The Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power recommends action at the international and national level to improve access to justice and fair treatment, redress, compensation and assistance for victims of crime;

Adequate enjoyment of the human rights and fundamental freedoms to which all persons are entitled shall be accorded to them in economic, social, cultural, civil and political life and require that all persons have effective access to legal assistance provided by the independent legal profession;

Professional bar associations play a vital role in upholding professional standards and ethical standards, protecting their members from harassment and unreasonable restrictions and infringement, providing legal assistance to all who need it, and cooperating with Government and other institutions to achieve the goals of justice and the public interest. ;

The Basic Provisions on the Role of Lawyers set out below are formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, which should be respected and guaranteed by Governments in the development of national legislation and its application, and should be taken into account by both lawyers and judges, prosecutors, members of the legislative and executive authorities and society as a whole. These principles should also apply to persons who exercise the functions of a lawyer without obtaining the formal status of a lawyer.

1. Any person has the right to seek the assistance of a lawyer of his choice to confirm his rights and defend himself at all stages of the criminal procedure.

2. Governments shall guarantee an efficient procedure and a working mechanism for real and equal access to lawyers to all persons residing in its territory and subject to its jurisdiction, without distinction of race, colour, ethnicity, sex, language, religion, political or other opinions, national or social origin, economic or other status.

3. Governments should provide the necessary funding and other resources for legal aid to the poor and other disadvantaged people. Professional associations of lawyers should cooperate in organizing and creating conditions for the provision of such assistance.

4. It is the responsibility of Governments and professional associations of lawyers to develop a program designed to inform the public of their rights and obligations under the law and the importance of the role of lawyers in protecting fundamental freedoms.

For these purposes, special attention should be paid to the poor and other insolvent persons, since they themselves are not able to defend their rights and need the help of a lawyer.

5. It is the duty of Governments to ensure that everyone is able to be informed by the competent authorities of his right to be assisted by a lawyer of his choice when he is arrested, detained or imprisoned or charged with a criminal offence.

6. Any person named above who does not have a lawyer, in cases where the interests of justice so require, must be provided with the assistance of a lawyer who has the appropriate competence and experience in dealing with such cases, in order to provide him with effective legal assistance without payment from him, if he does not have the necessary funds.

7. Governments should ensure that a person who is detained, arrested or imprisoned, with or without being charged with a criminal offense, is granted prompt access to a lawyer, in any case no later than 48 hours from the time of detention or arrest.

8. A detained, arrested or imprisoned person must be provided with the necessary conditions, time and means to meet or communicate and consult with a lawyer without delay, hindrance or censorship, in full confidentiality. Such consultations may be in sight but out of earshot of authorized officials.

9. Governments, professional associations of lawyers and training institutes should ensure that lawyers receive adequate education, training and knowledge of both the ideals and ethical duties of lawyers and the human rights and fundamental freedoms recognized by national and international law.

10. It is the responsibility of governments, bar associations and training institutes to ensure that persons are not discriminated against in admitting or continuing to practice as a lawyer on grounds of race, colour, sex, ethnicity, religion, political or other opinion, property, place of birth, economic or other status.

11. In countries where there are groups, communities or regions whose legal aid needs are not met, especially if such groups have a different culture, tradition, language or have been victims of discrimination in the past, Governments, bar associations and training institutes should take special measures to create favorable conditions for persons from these groups who wish to practice law, and must provide them with sufficient training to meet the needs of these groups.

12. Lawyers must at all times uphold the honor and dignity of their profession as important actors in the administration of justice.

13. The duties of a lawyer towards a client should include:

a) advising the client on his or her rights and obligations, explaining how the legal system works as they relate to the rights and obligations of the client;

b) providing assistance to the client in any legal way and performing legal actions to protect his interests;

c) assistance to the client in courts, tribunals and administrative bodies.

14. Lawyers, in assisting their clients in the administration of justice, must strive to respect human rights and fundamental freedoms recognized by national and international law, and must at all times act freely and with perseverance in accordance with the law and recognized professional standards and ethical norms.

15. A lawyer must always be loyal to the interests of his client.

16. Governments should ensure that lawyers:

a) being able to perform all their professional duties without intimidation, hindrance, harassment or undue interference;

b) the ability to travel freely and consult a client in their own country and abroad;

c) the impossibility of punishment or the threat of such and charges, administrative, economic and other sanctions for any actions carried out in accordance with recognized professional duties, standards and ethical norms.

17. Where the safety of lawyers is at risk in connection with the performance of their professional duties, they should be adequately protected by the authorities.

18. Lawyers should not identify with their clients and clients' affairs in connection with the performance of their professional duties.

19. A court or administrative authority shall not deny recognition to the right of a lawyer who is admitted to practice to represent the interests of his client, unless that lawyer has been disqualified in accordance with national law and practice and these Regulations.

20. A lawyer should enjoy criminal and civil immunity from prosecution for relevant statements made in writing or orally in the performance of his duty in good faith and in the exercise of professional duties before a court, tribunal or other legal or administrative body.

21. The duty of the competent authorities is to provide the lawyer with the opportunity to get acquainted with the information, documents and materials of the case in a timely manner, and in criminal proceedings - no later than the end of the investigation before pre-trial consideration.

22. Governments should recognize and respect the confidentiality of communications and consultations between a lawyer and a client in their relationship in connection with the exercise of their professional duties.

23. Lawyers, like other citizens, have the right to freedom of expression, religion, association and organization. In particular, they should have the right to take part in public discussions on matters of law, the administration of justice, the promotion and protection of human rights, and the right to join or form local, national and international organizations and attend their meetings without the threat of restriction of their professional activities due to their lawful actions or membership in a legally permitted organization. In exercising these rights, lawyers must at all times be guided by the law and recognized professional standards and ethical rules.

24. Lawyers should be given the right to form self-governing associations for the purpose of representing their interests, continuing education and retraining and maintaining their professional level. The executive bodies of professional associations are elected by their members and carry out their functions without external interference.

25. Professional associations should cooperate with Governments to ensure the right of everyone to equal and effective access to and legal aid, so that lawyers are able, without undue interference, to advise and assist their clients in accordance with the law and recognized professional standards and ethical rules.

26. Codes of professional conduct for lawyers should be established by the profession through its respective bodies or in accordance with legislation consistent with national law and custom and recognized by international standards and norms.

27. The accusation or prosecution of a lawyer in connection with his professional work should be carried out within the framework of a quick and fair procedure. A lawyer should have the right to a fair hearing, including the possibility of being assisted by a lawyer of his choice.

28. Disciplinary proceedings against lawyers should be left to impartial disciplinary commissions established by the bar itself, with the possibility of appeal to a court.

29. All disciplinary proceedings must be carried out in accordance with the Code of Professional Conduct and other recognized standards and ethical norms of the legal profession in the light of these Regulations.