International cooperation in the fight against international crime. Legal framework and principles of international cooperation of states in the fight against crime International criminal justice

With the development of society and trends towards globalization, the phenomenon of transnational and international crime has arisen.

The territorial (global) prevalence of this type of crime significantly increases the social danger of criminal attacks committed by international criminal communities, while weakening and lowering the effectiveness of social control. Criminologists note that in recent decades the quantitative and qualitative characteristics of crime in a particular country directly (for certain types of crimes) or indirectly depend on a combination of external factors. In this regard, priority should be given to the coordination of preventive work at the interstate and international levels.

In the context of the globalization of the economy, culture, politics and other spheres of society, transnational crime has become a serious threat not only for individual states, but also for the entire world community. Its social danger began to be expressed in the dispersal of criminal acts and subjects simultaneously on the territory of several states, while the social consequences of such acts are often manifested outside the borders of the states on whose territory they were committed, and pose a threat to the interests of more than one country.

The international community considers 17 groups of crimes to be transnational (according to the UN classification):

1) money laundering;
2) terrorism;
3) theft of works of art and cultural objects;
4) theft of intellectual property;
5) illegal arms trade;
6) hijacking aircraft;
7) sea piracy;
8) seizure of land transport;
9) insurance fraud;
10) computer crime;
11) environmental crime;
12) human trafficking;
13) trade in human organs;
14) illegal drug trade;
15) false bankruptcy;
16) penetration into legal business;
17) corruption and bribery of public and party leaders, elected officials.

It should be noted that not all countries to date have criminalized bribery of officials in their national legislation, although certain types of bribery are still criminalized. The presented classification clearly demonstrates how strong and at the same time dangerous is the impact of crime on the lives of individual citizens, individual industries and the global infrastructure.

In such conditions, interstate, intergovernmental and other forms of interaction acquire priority importance.

Forms of interstate cooperation in the fight against crime

International cooperation in the fight against crime is carried out within the framework established by individual countries, on the basis of existing international agreements, national legislation, technical capabilities and, finally, the goodwill of all stakeholders.

TOthe most common forms of interstate interactionin matters of combating crime, determined by the legal, economic, organizational and technical capabilities of most countries, include:

the conclusion and implementation of international agreements on the fight against crime, the prevention of crime and the treatment of offenders;
assistance in criminal, civil and family matters;
execution of decisions of foreign law enforcement agencies in criminal and civil cases;
regulation of criminal and legal issues and individual rights in the field of ensuring law and order;
exchange of information of mutual interest for law enforcement agencies of different states;
conducting joint research and development in the field of combating crime;
exchange of experience in law enforcement work;
rendering assistance in training and retraining of personnel;
providing logistical and advisory assistance.

The coordinator of international cooperation in the fight against crime is the UN and its specialized bodies. The UN's crime-fighting functions are enshrined in its charter.

In accordance with the decision of the UN General Assembly (1950), this organization holds congresses on the prevention of crime and the treatment of offenders every five years. They are aimed at coordinating the activities of state and public organizations, ensuring the exchange of experience on the problems of crime prevention, the activities of legislative bodies and criminal justice bodies (our country has been a permanent participant in such congresses since 1960).

Among the documents related to the international fight against crime, adopted by the UN General Assembly, are the Standard Minimum Rules for the Treatment of Prisoners, the Code of Conduct for Law Enforcement Officials, Anti-Corruption Measures, the International Code of Conduct for Public Officials, the Basic Principles on the Use of Force and Firearms. weapons by law enforcement officials, a declaration of basic principles of justice for victims of crime and abuse of power, basic principles regarding the independence of the judiciary, basic principles regarding the role of lawyers, a drug control program, etc.

The Russian Federation, as a member of the UN, is a party to practically all international conventions and agreements on combating crime. Currently, in our country, such UN bodies as the Office of the High Commissioner for Human Rights, the Office of the High Commissioner for Refugees, the Office on Drugs and Crime, the Children's Fund (UNICEF) and others are actively involved in the fight against crime and the protection of victims of crime.

Intergovernmental organizations are active subjects of international cooperation in this area, among which the International Group for the Development of Financial Measures to Combat Money Laundering (FATF), the Customs Cooperation Council (CCC), the International Criminal Police Organization (Interpol), the International Organization for Migration ( IOM), International Federation of Red Cross and Red Crescent Societies, etc.

Particular attention should be paid among the above-mentioned intergovernmental organizations to the International Criminal Police Organization (since 1956 called Interpol), created in 1923. From a non-governmental organization, Interpol has turned into an intergovernmental one. It currently unites 190 states. The supreme body of Interpol is the General Assembly, whose sessions are held annually. A significant difference between Interpol and other international organizations is the presence in each country of a national central bureau (NCB).

The main tasks of Interpol, enshrined in its charter, are: ensuring and developing mutual cooperation of criminal police bodies within the framework of laws in force in a particular country; creation and development of institutions that can contribute to the prevention of crime. The assigned tasks are solved by organizing cooperation in specific criminal cases.

The NCB of Interpol exchanges information between law enforcement and other state bodies of the Russian Federation engaged in the fight against crime, law enforcement agencies of foreign states - members of Interpol and the General Secretariat of Interpol. Structural divisions (branches) of NCB Interpol operate in 78 constituent entities of the Russian Federation.

In addition, along with specialized UN bodies and intergovernmental organizations on the coordination of activities and cooperation in the fight against crime, the International Association of Criminal Law, the International Criminological Society, the International Society for Social Protection and the International Criminal and Penitentiary Fund are actively operating in our country.

The legal basis for ensuring national regimes in the framework of international cooperation is made up of:

1) UN Conventions:
- On the fight against illicit traffic in narcotic drugs and psychotropic substances of December 20, 1988 (Vienna Convention);
- Against Corruption of December 9, 2003 (Merida Convention);
- On the Suppression of the Financing of Terrorism of December 9, 1999 (New York Convention);
- Against Transnational Organized Crime of November 15, 2000 (Palermo Convention);
2) Council of Europe Conventions:
- On laundering, detection, seizure and confiscation of proceeds of crime from November 8, 1990 (Strasbourg Convention);
- On Criminal Responsibility for Corruption of January 27, 1999;
- On Laundering, Revealing, Seizure and Confiscation of Proceeds from Crime and Financing of Terrorism of May 16, 2005 (Warsaw Convention);
3) Shanghai Convention on Combating Terrorism, Separatism and Extremism 2001

Agreements within the CIS (about 80 international legal acts, including 25 treaties and agreements) also play an important role in international cooperation in combating crime.

Among them: the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (1993), the Declaration on the Principles of Establishing and Maintaining the Regime of the External Borders of the CIS Member States (1997), the Interstate Program for Combating Organized Crime and Other types of dangerous crimes on the territory of the CIS member states (1996), the Agreement on the Protection of Participants in Criminal Proceedings (2006), the Interstate Program of Joint Measures to Combat Crime for 2011–2013, programs of cooperation in the fight against drug trafficking drugs, psychotropic substances and their precursors for 2011–2013, in the fight against terrorism and other violent manifestations of extremism for 2011–2013, in combating illegal migration for 2012–2014. and etc.

To date, the decisions of the Council of Heads of State and the Council of CIS Heads of Government on security issues are implemented by:

The Council of Ministers of the Interior (CM VD);
The Council of Commanders of the Border Troops (Frontier Troops);
Council of Ministers of Justice (CM Y);
The Coordinating Council of Prosecutors General (CGSP);
Council of Heads of Security Bodies and Special Services (SORB);
Council of Heads of Customs Services of the CIS Member States (CTS);
The Joint Commission of the States Parties to the Agreement on Cooperation of the CIS Member States in Combating Illegal Migration (SKBNM);
The Coordination Council of the Heads of Tax (Financial) Investigation Bodies (CSONR);
Anti-Terrorism Center (ATC);
Bureau for Coordination of Combating Organized Crime and Other Types of Crime on the Territory of the CIS Member States (BKBOP).

Practically all states of the Commonwealth are included in the system of ensuring security and countering new challenges and threats in the CIS space.

See: Criminology: textbook / ed. V. N. Kudryavtseva, V. E. Eminova. M .: Jurist, 2006.S. 625.

Thus, international cooperation is developing in the fight against both common crime and more dangerous types of crimes (for example, terrorism), using both old forms and methods (for example, extradition and legal assistance in criminal investigations), and new institutional bodies. created by the institutions of power - to combat specific types of national and international crimes.

These bodies rely on international law, national law, as well as on their own legal basis - the charters and decisions of international organizations that created them.

When solving the problems of scientific and practical adequacy of types of crimes and international methods and systems of counteracting them, it is necessary to take into account the following:

1. The main responsibility for monitoring and combating crime lies with the national (intrastate) systems for the prevention of crime, the fight against it and the treatment of offenders.

International and international legal techniques and methods of combating crime play a subsidiary, but increasingly growing role and are increasingly systemic in nature.

2. The number, quality, equipment, and other national and international systems for combating crime, certain types of crimes must correspond to the number and degree of danger of crimes committed in the region of the state, state, at the international level - the state of national and international legal order directly depends on this.

3. Crimes committed at the national and international level can be divided into the following groups:

a) international crimes of the state - aggression, genocide, colonialism, etc .; b) crimes of an individual (group of persons):

international criminal offenses - crimes against peace, war crimes and crimes against humanity;
national (domestic) crimes in accordance with the criminal legislation of the state;

c) transnational (cross-border) crimes - acts of terrorism, drug trafficking, illegal arms trade, sea piracy, trafficking in women and children, etc.

4. Each type of crime must correspond to legal and actual measures and methods (national and international) to counter them.

5. Counteracting crime is not only the activity of power and law enforcement agencies, but also the corresponding legal activity of elements of civil society.

6. The main scientific and practical problems of existing international methods, methods and systems of combating crimes include:

unclear, contradictory international legal classification of specific crimes or lack thereof;
endowing existing systems of counteracting crimes (such as the Counter-Terrorism Committee of the UN Security Council) mainly with information and analytical powers;
the complexity of the interaction of national and international systems of combating crimes, including the interaction of international law and national law;
lack of substantiated and justifiable scientific forecasts regarding the trends in the formation and prospects of specific crimes;
lack of understanding of the high degree of threats to all types of security (individual, society, state, world community) emanating from "habitual", "old" common criminal acts - acts of terrorism, criminal drug trafficking, illegal arms trade;
unpreparedness of national and international systems for counteracting those crimes that are (may be) of a virtual nature (do not exist, but may exist), taking into account and in the context of expanding and increasingly complex information wars.

7. The means of combating crime by about a step (at best) lag behind the techniques and methods, in particular, of organized criminal activity; international systems should constantly analyze situations and use the most modern techniques and methods of combating crime.

The main directions and forms of international cooperation in the fight against crime

International cooperation in the fight against crime is a specific activity of states and other participants in international communication in the field of crime prevention, combating it and the treatment of offenders. The volume, main directions and forms of this cooperation are determined by the content and characteristics of crime as a phenomenon of a particular society, to a large extent - by the national policy of the state in the fight against crime and terrorism. At the same time, cooperation between states in this area is closely related to a certain historical level of development of international cooperation and (or) confrontation in general in the political, socio-economic, humanitarian, cultural, legal, military and other areas, including ensuring the security of the individual, national society, state and the world community (see Ch. 24).

The universally recognized center organizing and coordinating international relations is a universal intergovernmental organization acting on the basis of a special international treaty - the Charter and Statute of the International Court of Justice.

The main task of the UN, according to its Charter, is to ensure and maintain peaceful relations on Earth, but the UN successfully promotes cooperation between states in other productive areas. One of the areas of such cooperation is the exchange of experience in the field of crime prevention, combating it and promoting humane re-socialization treatment of offenders. This area is a relatively new area of \u200b\u200bactivity for UN bodies, which began in 1950, when the International Criminal and Penitentiary Commission - IUPC (created in 1872) was abolished, and the United Nations took over its functions. The UN has been actively involved in the fight against terrorism since 1972.

For this area of \u200b\u200bcooperation, it is specific, first of all, that it affects, as a rule, purely internal aspects of the life of specific states. The causes that give rise to crime, as well as measures to prevent and combat it, the means of re-education of persons who have committed crimes, are formed and developed in each state in its own way. They are influenced by the main political and socio-economic, as well as such specific factors that are determined by the peculiarities of the legal systems, historical, religious, cultural traditions that have developed in certain states.

Here, as in other areas of cooperation concerning problems of an economic, cultural and humanitarian nature, exact and unswerving observance of the norms and principles enshrined in the UN Charter is required, which constitute a solid foundation on which the UN activities should be based.

A number of factors predetermine the relevance and development of international cooperation in the field of crime prevention, combating it and treating offenders: the existence of crime as an objectively conditioned social phenomenon of a particular society necessitates the exchange of experience accumulated by states in combating it; the international community is increasingly concerned about the delinquency and criminal activities of transnational criminal associations; great damage is caused by organized crime - an integral and increasing part of ordinary crime; drug trafficking, aircraft hijacking, piracy, trafficking in women and children, money laundering (money laundering), acts of terrorism and international terrorism remain a significant problem for states.

Currently, there are a number of areas of international cooperation in the prevention of crime, the fight against it and the treatment of offenders, existing at the bilateral, regional and universal levels.

The main such areas are the following:

extradition of criminals (extradition) and provision of legal assistance in criminal cases;
scientific and informational (exchange of national scientific and practical experience, discussion of problems and joint research);
providing professional and technical assistance to states in their fight against criminal crime and terrorism;
legal-contractual coordination of the fight against crimes affecting several states (cooperation of states in the fight against certain types of crimes on the basis of international agreements);
national legal and international legal institution and activities of international institutional bodies and organizations for combating crime and bodies and organizations of international criminal justice (ad hoc and on an ongoing basis).

International cooperation in the fight against crime is carried out in two main forms: within the framework of international bodies and organizations (intergovernmental and non-governmental) and on the basis of international agreements.

The main sources (forms) that constitute the legal basis for cooperation between states in this area include:

Multilateral international agreements, such as the 1999 International Convention for the Suppression of the Financing of Terrorism, the 2000 Convention against Transnational Organized Crime, other conventions against certain types of crimes (drug trafficking, terrorism, illegal arms trade, etc.) ;

regional international agreements such as the 1977 European Convention on the Suppression of Terrorism;
treaties on mutual legal assistance in criminal matters and extradition, for example, agreements signed by European states;
bilateral agreements such as the 1999 Treaty between the Russian Federation and the United States of America on Mutual Legal Assistance in Criminal Matters;
agreements - constituent documents of international bodies and organizations dealing with the fight against crime: the Charter of the International Criminal Police Organization 1956, the Rome Statute of the International Criminal Court 1998, etc .;
interdepartmental agreements, for example, agreements of the Ministry of Internal Affairs of Russia with the relevant departments of other states on cooperation;
national legislation, primarily criminal and criminal procedure codes and other criminal laws.

It seems that in connection with the specifics of such crimes and criminal phenomena as terrorism and international terrorism, and in connection with the peculiarities of the organizational and legal methods of combating them, it is time to decide on the creation of an intersystem (national law and international law) branch of law - "Anti-terrorist right".

Exploring the connection between the UN and the development of directions and forms of international cooperation in the fight against crime and terrorism, we note that after the victory of the member states of the anti-Hitler coalition over fascism and militarism, the decisive contribution to the defeat of which was made by the Soviet Union, international communication acquired a qualitatively new character and scale. including in the considered area.

In the period after the Second World War, the number of intergovernmental and non-governmental international organizations grew rapidly, among which the United Nations Organization, created in 1945, rightfully took center stage.

The provisions of the UN Charter provided a good legal basis for the development of the entire complex of international relations, as well as for the activities of the UN itself as a world security organization and coordinator of cooperation in various fields and spheres.

The UN has been directly involved in the problems of combating criminal crime since 1950, to a certain extent facilitating, coordinating or encouraging the development of directions and forms of international cooperation in this area.

Bilateral and regional agreements on the extradition of criminals have been concluded and are in force. This institution is paid attention to by international governmental and non-governmental organizations.

The institution of extradition began to play an important role in connection with the struggle of states against aggression, crimes against peace, crimes against humanity and war crimes. This is the dialectic of cooperation between states in the fight against crime and crime: traditional methods of combating ordinary crime have begun to contribute to the fight against the most dangerous crimes of a national and international nature.

On a contractual basis, international cooperation is developing in the field of legal assistance in criminal cases: on the issuance of material evidence, ensuring the appearance of witnesses, transferring items obtained by criminal means, as well as the exchange of relevant specialists and technologies.

In the period after the Second World War, the legal and treaty coordination of the fight against crimes that affect the interests of several states is becoming an increasingly specific area of \u200b\u200binternational cooperation. This is due to the fact that the international legal framework for combating such crimes is being improved, taking into account the changes in their nature and scale. At the same time, a contractual legal recognition of the danger of a number of other criminal offenses affecting international relations is being formalized. Thus, at present, international agreements recognize the need to coordinate the fight against such crimes, affecting the interests of several states, as counterfeiting; slavery and the slave trade (including similar institutions and practices); distribution of pornographic publications and products; trafficking in women and children; illegal distribution and use of drugs; piracy; rupture and damage of the submarine cable; collision of ships and failure to provide assistance at sea; "pirate" radio broadcasting; crimes committed on board an aircraft; crimes against persons who enjoy protection under international law; taking hostages; mercenary crime; crimes against the safety of maritime navigation; illegal handling of radioactive substances; laundering of proceeds from crime; illegal migration; illegal circulation of weapons, ammunition, explosives, explosive devices.

The Russian Federation is a party to most of these agreements; for example, only in recent years were the 1990 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime, 1999 International Convention for the Suppression of the Financing of Terrorism, Agreement on Cooperation of CIS Member States in Combating Illegal Migration 1998 year

After World War II, the scientific and informational direction of international cooperation in the fight against crime (exchange of national scientific and practical experience, discussion of problems and joint scientific research) was widely developed.

The USSR, then the Russian Federation took an active position in the development of the scientific and informational direction of international cooperation. Soviet and Russian delegations took part in the work of the 2nd - 12th UN congresses on the prevention of crime and the treatment of offenders, in various international meetings and symposia dedicated to the exchange of experience.

From the early 1960s to the late 1980s, the socialist countries systematically held forensic symposia, which considered the use of technical means in the fight against crime; carrying out examinations based on the achievements of chemistry, physics, biology and other sciences to solve crimes; tactics of production of individual investigative actions; methods of investigating various types of crimes, as well as identifying the features of the fight against recidivism, juvenile delinquency, etc.

After the end of the existence of the USSR, the scientific and informational direction developed within the framework of the CIS and the Russia-Belarus Union. Harmonization of national legislation in this area is an important area of \u200b\u200bactivity of states within the framework of the CIS to control and combat terrorism.

In the period after World War II, such a direction of international cooperation as the provision of professional and technical assistance to states in their fight against criminal crime has fully developed and is expanding.

If earlier such assistance was provided on a bilateral basis and sporadically, then since the late 1940s it began to be carried out also through the UN system and at the regional level. This direction is closely connected with the scientific and informational direction of international cooperation and the activities of the UN in the fight against criminal crime.

The main types of professional and technical assistance in the field of combating crime are the provision of fellowships, the sending of experts and the organization or facilitation of seminars.

The UN provides fellowships for professional officials in crime prevention areas such as juvenile delinquency prevention, probation and supervision of ex-prisoners, and the judiciary and penitentiary systems.

Since the mid-1960s, due to changes in the quantitative and geographical representation of the UN member states, scholarships, as a rule, began to be provided to specialists from countries freed from colonial dependence. However, here the problem arose of effectively using the experience gained, because the level of combating crime and the possibilities for this in the host country of the scholarship holder and the country that sent him, as a rule, differed sharply. Later, this problem was relatively solved by the creation of regional UN institutes for the training of specialists from among persons receiving scholarships.

A more effective form of providing professional and technical assistance in the fight against crime to countries in need of it was the dispatch of experts at the request of the governments of the states concerned. This kind of practice was carried out both on a bilateral basis and with the assistance of the UN and other international organizations. In recent years, there has been an increase in requests for research in relevant fields and for the development of crime prevention plans.

In order to encourage the provision of technical and vocational assistance, the UN General Assembly, on the recommendation of its Third Committee, adopted the Resolution on Crime Prevention and Criminal Justice and Development at its 36th session, urging the Department of Technical Cooperation for the successful implementation of the United Nations Development Program (UNDP ) Increase its level of support for technical assistance programs in crime prevention and criminal justice and encourage technical cooperation among developing countries.

In the 1990s, the provision of professional and technical assistance in the fight against crime within the framework of the Commonwealth of Independent States was raised to a new level: in 1999, an Agreement was signed on the procedure for the stay and interaction of law enforcement officials in the territories of the CIS member states. In June 2000, the Agreement on Cooperation between the Council of the Interparliamentary Assembly of the CIS Member States and the Council of the Heads of Security Agencies and Special Services of the CIS Member States was approved, which defines both the procedure for providing professional and technical assistance in the fight against crime, and the procedure for exchanging scientific -practical experience in this area. For example, in accordance with the Agreement, the relevant services of the CIS member states should consider the issues of harmonization of national norms and the international regulatory framework in the areas of:

counteraction to organizations and individuals whose activities are aimed at carrying out terrorist acts on the territories of other states;
combating the illegal production and circulation of weapons, ammunition, explosives and explosive devices, combating mercenarism, establishing criminal liability for crimes of a terrorist nature.

The international legal institution and the activities of international intergovernmental organizations and institutional representative bodies, as well as international criminal justice bodies as areas of international cooperation in combating crime are developing at the global, regional and local ad hoc levels and on an ongoing basis.

These are the main directions of international cooperation in the field of crime prevention, combating it and the treatment of offenders, which have developed in the process of a long evolution of international cooperation in political, socio-economic, legal, cultural and other fields.

These areas should be viewed as an international system of activities in the field of crime prevention, combating it and the treatment of offenders, because each of them has its own independent meaning and at the same time is interconnected with others. They are an expression of objective processes of international cooperation in the social and humanitarian fields, as well as in the field of security and should be developed on the basis of the principles of modern international law.

After the adoption of the UN Charter, further development of forms of cooperation took place within the framework of international bodies and international organizations operating in the field of combating crime, as well as on the basis of international treaties.

Cooperation within the framework of international organizations in such a specific area as the fight against criminal crime is important and promising.

The problems of crime prevention, combating it and treating offenders are considered by a number of UN bodies, as well as by its specialized agencies. Certain regional organizations (League of Arab States, African Union) are also dealing with these problems. The International Criminal Police Organization (Interpol) is expanding its activities. The Council of Europe, the European Union, the OSCE, and a number of non-governmental international organizations pay special attention to these problems.

1998 saw a real breakthrough in the creation of international criminal justice bodies: the Rome Statute of the International Criminal Court was approved. On July 1, 2002, it entered into force.

Another generally recognized form of interstate communication, including cooperation in the fight against crime and terrorism, is international treaties. An international treaty - the main one - also plays an important role in the design of international relations in the field of combating crime.

Let us first of all note the fact that international organizations created to solve the corresponding problems operate on the basis of agreements of a special kind - statutes. Each of the areas of international cooperation in the fight against crime has received, to one degree or another, international legal regulation in the relevant treaties.

The general trend towards the expansion of international cooperation in this area is associated with the concern of peoples about the existence of crime, which hinders their socio-economic and cultural development. Each state, to one degree or another, is prone to criminal offenses and transnational crimes and therefore seeks (albeit with varying degrees of interest) to get acquainted with the experience of combating them with other states, as well as to share their experience with them. This is the basis for the further development of international cooperation in the fight against crime.

UN bodies dealing with crime prevention

The problems of international cooperation in the fight against criminal crime as social and humanitarian issues are considered by the UN Economic and Social Council. In addition, the UN General Assembly once a year, mainly in the Third Committee (on social and humanitarian issues), considers the reports of the UN Secretary General on the most important issues of international cooperation in the prevention, fight against crime and the treatment of offenders. In recent years, the number of anti-crime issues before the General Assembly has increased significantly.

The UN Congress on Crime Prevention and Criminal Justice is a specialized UN conference convened every five years. The Congress is a forum for exchanging practices and stimulating national and international responses to crime.

The legal basis for the activities of the Congress is formed by the resolutions of the General Assembly and ECOSOC, as well as the corresponding decisions of the Congress itself. The work of the Congress is organized in accordance with the rules of procedure, which are approved by ECOSOC.

In accordance with the rules of procedure of the Congress, it is attended by: 1) delegates officially appointed by governments; 2) representatives of organizations that have a standing invitation to participate as observers in the sessions and work of all international conferences convened under the auspices of the General Assembly; 3) representatives appointed by UN bodies and related agencies; 4) observers appointed by non-governmental organizations invited to the Congress; 5) individual experts invited to the Congress by the Secretary General in their personal capacity; 6) expert consultants invited by the Secretary General. If we analyze the composition of the participants and their right to make decisions, we can state that the Congress is currently of an interstate nature and this has found its way into its rules of procedure. This approach is fully justified, since the state is the main participant in international relations. The official and working languages \u200b\u200bof the Congress are Arabic, Chinese, English, French, Russian and Spanish.

Since 1955, the Congress has dealt with over 50 complex topics. Many of them were devoted either to the problem of crime prevention, which is the immediate task of this international conference as a specialized UN body, or to the problem of the treatment of offenders. Some of the topics dealt with the problems of combating specific offenses, in particular with crimes committed by minors.

A total of 12 congresses were held. The latter was held in El Salvador (Brazil) from April 12 to 19, 2010. In accordance with the decision taken by the UN General Assembly, the main theme of the 12th Congress was the following: “Comprehensive strategies for responding to global challenges: crime prevention and criminal justice systems and their development in a changing world. "

Eight main issues were included on the agenda of the 12th Congress:

Children, youth and crime.
Terrorism.
Crime prevention.
Migrant smuggling and human trafficking.
Laundering of money .
Cybercrime.
International cooperation in the fight against crime.
Violence against migrants and their families.

Within the framework of the Congress, seminars were also held on the following topics:

International criminal justice education in support of the rule of law.
Review of UN best practices and other best practices for the treatment of prisoners in the criminal justice system.
Practical approaches to urban crime prevention.
Links between drug trafficking and other forms of organized crime: a coordinated international response.
Correctional crime prevention strategies and best practices.

The Congress once again demonstrated its unique capabilities of a scientific, theoretical and practical world forum to counter socio-political, economic evil - crime.

Along with the main function, the Congress also carries out special functions: regulatory, control and operational.

The Congress performs its functions jointly with the Commission on Crime Prevention and Criminal Justice.

The Commission on Crime Prevention and Criminal Justice, created in 1992, inherited the main functions of the UN Committee on Crime Prevention and Control. The Committee worked from 1971 to 1991. Its main task was to provide the multilateral professional expertise required in solving social protection issues (paragraph 5 of ECOSOC Resolution 1584). It was composed of experts in a personal capacity.

In 1979, the method of consensus was approved by the expert from the USSR in the Committee, Professor S.V. Borodin, first by the Commission for Social Development and then by ECOSOC itself, Resolution 1979/19, which defined the functions of the Committee. The resolution has a purposeful character and is based on the principles of the sovereign equality of states and non-interference in their internal affairs. Describing it as a whole, we can say that it reflects a balanced and real approach to two related, but independent areas: one is the fight against crime, the other is international cooperation and UN activities in the fight against this phenomenon. The preamble of the Resolution fixes the indisputable fact that the main responsibility for solving the problems of crime prevention and combating it lies with national governments, and ECOSOC and its bodies undertake to promote international cooperation in this matter and do not take on the obligation to organize a direct fight against crime.

Resolution 1979/19 quite fully and clearly defines the main functions of the UN Committee on Crime Prevention and Control, which in 1992 were transferred to the Commission on Crime Prevention and Criminal Justice, raising them to the intergovernmental level:

preparation of UN Congresses on the Prevention of Crime and the Treatment of Offenders to consider and promote the introduction of more effective methods and techniques for preventing crime and improving the treatment of offenders;
preparation and submission for approval of the competent UN bodies and congresses of programs of international cooperation in the field of crime prevention, carried out on the basis of the principles of sovereign equality of states and non-interference in internal affairs, and other proposals related to the prevention of offenses;
assisting ECOSOC in coordinating the activities of UN bodies on issues related to the fight against crime and the treatment of offenders, as well as developing and submitting conclusions and recommendations to the Secretary General and relevant UN bodies;
facilitating the exchange of experience gained by States in the fight against crime and the treatment of offenders;
discussion of the most important professional issues that form the basis for international cooperation in the field of combating crime, in particular issues related to the prevention and reduction of crime.

Resolution 1979/19 promoted and promotes the development of directions and forms of international cooperation in the fight against crime, based on the principles of respect for the sovereignty of states and non-interference in their internal affairs, peaceful cooperation. In addition, it facilitated the establishment and operation of the current intergovernmental Commission on Crime Prevention and Criminal Justice.

Raising the status of one of the important subsidiary bodies of the UN system to an intergovernmental one testifies to the recognition, on the one hand, of the threatening state of crime at the national and international level, on the other hand, to the desire of states as the main subjects of international law to strengthen the effectiveness of crime control.

Other UN bodies dealing with the fight against crime, in addition to the Congress and the Commission, which inform the UN about the state of the fight against crime in their countries (legislation and projects), include: the institute (network) of national correspondents, the UN Social Protection Research Institute (UNSDRI ), the regional institutions for social development and humanitarian affairs with the Vienna Office for the Prevention of Crime and the Treatment of Offenders, and the UN Vienna Center for Crime Prevention and Criminal Justice, which also has a Terrorism Prevention Office.

Interpol - International Criminal Police Organization

The predecessor of Interpol - the International Criminal Police Commission (ICUP) was established in 1923 and ceased to exist in 1938. The International Criminal Police Organization - Interpol was created in 1946, and in 1956 the current Statute was adopted. In accordance with the Charter, Interpol must:

to ensure and develop broad mutual cooperation of all criminal police bodies within the framework of the existing legislation of the countries and in the spirit of the Universal Declaration of Human Rights;
to create and develop institutions that can successfully contribute to the prevention and fight against common crime.

At the same time, the Organization is prohibited from any interference or activity of a political, military, religious or racial nature. In other words, it undertakes to contribute only to the prevention and fight against crime, without intruding into political or other affairs.

Interpol operates through the General Assembly, Executive Committee, General Secretariat, National Central Bureaux, Advisers.

The General Assembly is the highest organ of the Organization and consists of delegates appointed by the members of the Organization. Functions of the General Assembly: fulfillment of the duties stipulated by the Charter; definition of principles of activity and development of general measures that should contribute to the fulfillment of the goals of the Organization; consideration and approval of the general work plan proposed by the Secretary General for the next year; decision-making and giving recommendations to the members of the Organization on issues within its competence; determination of the financial policy of the Organization; review and approval of agreements with other organizations.

The General Assembly meets annually in session. Decisions are made by a simple majority of votes, with the exception of those for which the Charter requires a majority of 2/3 votes (election of the President of Interpol, changes in the Charter, etc.).

The Executive Committee as a whole monitors the implementation of decisions of the General Assembly; prepares the agenda for the sessions of the General Assembly; submit to the General Assembly the work plans and proposals that it considers appropriate; monitors the activities of the Secretary General; in addition, he exercises all the powers delegated to him by the Assembly.

The permanent services of Interpol are the General Secretariat and the Secretary General.

A special place in the system of Interpol bodies is occupied by the National Central Bureaux of states (NCB) - members of the Organization. Structurally, as a rule, NCBs are included in the department, which bears the main responsibility in the country for the fight against crime.

The Russian NCB of Interpol is the main department of the Central Office of the Ministry of Internal Affairs of Russia.

The main tasks of NCB are:

international exchange of information on criminal acts and international criminals; execution of requests of foreign states and international organizations to combat criminal crime;
monitoring the implementation of international treaties related to the fight against crime.

On topical practical and scientific issues, the Organization may consult with Advisers, who are appointed by the Executive Committee for a period of three years and perform exclusively advisory functions.

Advisors are selected from among persons of international renown in the field of interest of the Organization. The advisor may be removed from office by decision of the General Assembly.

Currently, the International Criminal Police Organization includes 182 states. The USSR, and now the Russian Federation, has been a member of Interpol since 1990.

International counter-terrorism cooperation between states and international organizations

Terrorism and international terrorism by an individual, society, state, international organizations and the world community among the threats and challenges of the XXI century. viewed as central, equally encroaching on public, national and international security.

The fight against terrorism in various forms has gone through several stages. After World War II, a multipolar system emerged in the international arena, which is embodied in the United Nations. The UN has done a lot to maintain international peace and strengthen security, to solve common human problems, including international terrorism. Since 1972, the UN General Assembly has approved a number of resolutions related to the fight against terrorism. Initial efforts to combat terrorism were associated with the study of its causes. No attention was paid to measures to prevent terrorist attacks and the fight against international terrorism. Later, the harsh realities of international life associated with the increase in the number and intensification of the nature of terrorist acts led to a reorientation of the activities of the UN General Assembly from studying the causes of the phenomenon to developing practical measures to combat it. The next stage in the UN activities in the fight against international terrorism began in the 1990s. It is characterized by two features: 1) the UN has joined in preventive military actions aimed at preventing terrorist acts; 2) The UN strengthened the international legal framework for the fight against terrorism (under the auspices of the UN, a number of international conventions on the fight against terrorism were adopted, and the UN also called on states to accelerate the ratification of multilateral conventions on the fight against terrorism).

However, it became possible to talk about cooperation between states in this area, about the emerging forms, directions, techniques and methods only since the end of the 1990s, when to a certain extent, at least externally and officially, relative and comparative unity in the world in understanding the concept terrorism and international terrorism; in classifying terrorist acts as criminally punishable acts in accordance with national legislation and international legal norms; in understanding the reasons and conditions giving rise to these crimes and criminal phenomena; in understanding the political and legal foundations of prevention, control and control over them; and, finally, in the creation of national and international institutional bodies and systems of bodies to combat them. A new stage of UN counterterrorism activities began on the eve of the third millennium: on September 8, 2000, the General Assembly, based on the experience of many countries of the world and, as it were, anticipating the tragedy of September 11 in the United States - the attack on the International Trade Center in New York and its destruction, terrorist attacks in The Russian Federation, etc., adopted the Millennium Declaration, which pays considerable attention to the need to develop concerted actions to prevent and combat such crimes.

Cooperation in the fight against terrorism, to a certain extent, took place within the framework of the UN, NATO, the Warsaw Pact, the OAS and others, but even the UN's activities in this area more reflected the rivalry and struggle of two socio-economic and political systems than was aimed at fighting with international terrorism.

Thus, the general and specific situation in the world, characterized by the expansion of cooperation in the productive spheres of human activity - economic, socio-political, cultural, in the prevention of global cataclysms and ensuring security, in the legal and international legal fields, has led to the ordering of interstate and other international relations in the field of control and combating terrorism.

The creation of an international legal framework for anti-terrorist cooperation of subjects of international law (primarily states and international intergovernmental organizations) is associated with the development, adoption and implementation of 16 multilateral agreements, such as the Tokyo Convention on Crimes and Certain Other Acts Committed on Board Aircraft, 1963 g., Hague Convention for the Suppression of Aircraft Hijacking and Offenses Committed on Board Aircraft, 1970, International Convention for the Suppression of the Financing of Terrorism 1999; regional agreements, such as, for example, the Organization of American States Convention on the Prevention and Punishment of Acts of Terrorism Taking the Form of Crimes against Persons and Related Extortion when International Acts, 1971, Convention on the Suppression of Terrorism, extremism and separatism of the Shanghai Cooperation Organization in 2001, the International Convention for the Suppression of Acts of Nuclear Terrorism 2005, etc .; and finally, numerous and rather effective bilateral agreements on the fight against terrorism. At present, the main problem is joint actions of states in the fight against terrorism on this broad legal basis.

These treaties not only facilitate cooperation between state bodies of the relevant profile - law enforcement and the fight against crime, but also, in cooperation with the UN, define international institutional counter-terrorism mechanisms.

The Russian Federation is a party to the aforementioned international multilateral antiterrorist conventions.

The most important legal foundation of the convention mechanism for anti-terrorist cooperation is the aut dedere aut judicare principle (“either extradite or judge”). It is designed to ensure the inevitability of punishment for committing acts of terrorism and thereby a higher level of law enforcement measures, highlighting the compulsory prosecution and punishment for attacks of a terrorist nature at the national (domestic) and international (interstate) levels.

At the same time, the solution to the legal support of anti-terrorist cooperation between states lies in the search for seemingly extraordinary solutions to create norms of national and international law included in anti-terrorism law as an intersystem branch of law.

A theoretical solution to this problem is possible provided that the specifics of the subjects and methods of both international law and national (intrastate) law are taken into account. This task is very urgent, because there are no methods to combat the universal human threat - international terrorism. Just as in order to preserve life on planet Earth, extraordinary (and unpopular) political, yet unknown solutions are needed, so to create a legal basis for international antiterrorist cooperation, antiterrorist law is needed. This legal form of interconnection between the international and national (domestic) legal systems must be developed, relying on the results and prospects of global economic, political, military, civilizational, cultural and other processes, because terrorism equally threatens the individual, society, state, and the world community.

Legal, international legal and political documents of counter-terrorism orientation laid the foundations for the creation and functioning of institutional anti-terrorist bodies and organizations, which include state bodies (Ministry of Internal Affairs of Russia, FSB of Russia), international intergovernmental organizations and their main bodies (UN, UN Security Council, etc. .), as well as for the creation and functioning of bodies of purposeful anti-terrorist activity - these are institutional systems established by the institutions of power (the state, international organizations - the main subjects of international law) - the Counter-Terrorism Committee of the UN Security Council, the CIS Antiterrorist Center, the SCO Regional Antiterrorist Center (RATS), etc. ...

Within each state, there have always been bodies that ensure public order and law and order, national-state integrity and security, international peace: police, militia, gendarmerie, army, special services, law enforcement agencies, etc. With the emergence and growth of terrorism and especially international terrorism as systemic phenomena, the question arose of creating adequate counter- and anti-terrorist structures and systems both at the national and international levels: bilateral, regional and global. In the Russian Federation, since the mid-1990s, such structures have been created within the military-militia (police) and law enforcement structures and within the framework of structures that ensure national security. In the United States, after the events of September 11, 2001, a special Department of Homeland Security was established to control terrorism. In countries where terrorism has existed for a long time (Great Britain, Spain, etc.), anti-terrorist systems have also been created and are functioning.

The League of Nations was the first to sound the alarm in the 1930s with the establishment of conventional counter-terrorism mechanisms; then, after World War II, the UN and other international organizations: Interpol, OAS, African Union, SCO, CIS, etc. There is a certain convention mechanism for controlling terrorism. The adoption of the 1999 International Convention for the Suppression of the Financing of Terrorism initiated the creation of comprehensive systems for preventing the financing of terrorist activities.

An example of the unanimity of the states of the world was the creation of the counter-terrorist coalition after the events of September 11, 2001. It was then that Russia came out with the initiative to create a Global System for Counteracting Modern Threats and Challenges. And each of the aforementioned international organizations, coalitions, conventions has created or proposed its own counter-terrorism institutional system, making it responsible for the state of affairs in the control of terrorism and international terrorism.

In terms of areas of activity and legal framework, counter-terrorism institutional systems can be divided into two groups: national and international.

In the Russian Federation, the main institutional bodies (system of bodies) are the National Anti-Terrorism Committee (NAC), as well as the anti-terrorist commissions of the constituent entities of the Russian Federation. They were preceded by the Interdepartmental Anti-Terrorist Commission and the Federal Anti-Terrorism Commission (1997-2006). The NAC and the commissions are created and operate in accordance with Federal Law No. 35-FZ of March 6, 2006 "On Countering Terrorism."

International institutional systems include the following:

1. The Counter-Terrorism Committee of the UN Security Council (CTC), whose task is to monitor the implementation of the instructions of Security Council Resolution 1373, which provides for the mandatory implementation by all states of a wide range of legal and practical measures to prevent and suppress terrorist activities, blocking its support, including by financial means. The Committee should summarize the information of states on the anti-terrorist measures taken by them in accordance with Resolution 1373 and submit appropriate recommendations to the UN Security Council. The activities of the Committee are designed to facilitate the implementation by the Security Council and the UN as a whole of a coordinating role in the fight against terrorism.

2. Anti-Terrorist Center of the Member States of the Commonwealth of Independent States (ATC). According to the Regulations on the CIS ATC, approved by the Council of Heads of State in 2000, the Center is a permanent specialized sectoral body of the CIS and is designed to coordinate the interaction of special competent authorities of the CIS member states in the field of combating international terrorism and other manifestations of extremism. The Council of Heads of State makes decisions on fundamental issues of the organization and activities of the Center.

According to clause 1.2 of the Regulation on the ATC, the overall management of the Center is carried out by the Council of Heads of Security Bodies and Special Services of the CIS Member States. In its work, the Center is obliged to interact with the Council of Ministers of Internal Affairs of the CIS member states, the Council of Commanders of the Border Troops, their working bodies, as well as the Bureau for Coordination of Combating Organized Crime and Other Dangerous Types of Crime on the Territory of the CIS Member States.

The Center is a counter-terrorism institutional interdepartmental body with a sufficient level of independence today. He, being a product of power institutions, cannot and should not be involved in the coordination of their activities. However, it is necessary to improve both the international legal basis for the control of terrorism, and the legal basis for the organization and activities of the Center.

3. The Collective Security Treaty (CST) of the CIS member states in 1992, created primarily to ensure military security, can also be classified as counter-terrorism institutional systems. Currently, it is a full-fledged MMPO - an international intergovernmental organization of a defensive regional nature - the CSTO, acting on the basis of the Treaty and Charter (2002), political and legal documents, with a clear structure aimed at countering both "old" military threats and " new ", in particular terrorist.

4. The International Criminal Police Organization (Interpol) is also an institutionalized anti-terrorism international body. In the documents of Interpol, defining the future of its activities, it is noted that in the near future terrorism and international terrorism will continue to seriously affect the law enforcement services of states. In this regard, Interpol invites states to consider this organization as one of the means of coordinating cooperation in this area. The main areas of INTERPOL's activities in the fight against international terrorism are the exchange of information and the development of a political and legal framework that determines the organization's attitude to this phenomenon and ways to combat it.

5. On the way to creating an institutional counterterrorism system, there is also the "Group of Eight" most industrialized states, which "strengthened their determination to counter terrorism" back in 1978. The Joint Declaration on Combating Terrorism was approved in Ottawa (Canada) 12 December 1995. The Declaration sets out the foundations of the policy of the G8 member states to control terrorism and international terrorism (to deter, prevent and investigate terrorist acts). This became the most important direction in the work of the G8 after the events of September 11, 2001. On the basis of the Joint Statement of the leaders of the countries of September 19, 2001, the G8 launched an unprecedented scale and intensity of cooperation in the fight against terrorism, it plays the main role in the global anti-terrorist coalition. Russia also attaches fundamental importance to the continuation of this work on the solid basis of international law with the leading coordinating role of the UN and its Security Council.

Based on the foregoing, the following conclusions can be drawn:

Almost all state branches of government (legislative, executive, judicial), all elements of the political systems of societies, unions of entrepreneurs and companies, formal and informal unions of states, international bodies and organizations pay serious attention to the control of terrorism and international terrorism, significant, but so far clearly insufficient - the political and legal foundations of both the institutions of power themselves and the institutional counter-terrorism systems created by them;

The legal basis of domestic institutions of power and institutional systems that prevent and combat terrorism includes a wide range of legal norms: constitutional, criminal law, administrative law, executive and administrative norms (orders and instructions), and departmental regulations.

The states of the world have not yet created a full-fledged legal framework that takes into account international legal regulations, the activities of international structures and institutional counter-terrorism systems.

The international legal foundations of international institutional counterterrorism systems include the principles of international law, convention norms, customary law, a significant part of which is the norms of domestic law, norms of international intergovernmental bodies and organizations, norms of "soft" international law;

The system of norms governing the organization and operation of national and international institutional systems is of a complex legal nature;

The legal array is very insignificant and there is almost no legal regulation of interaction between national and international institutional counter-terrorism systems.

International criminal justice

International criminal tribunals of the first half of the 20th century In January 1919, at a meeting of the heads of government and foreign ministers of Great Britain, the United States, Italy, France and Japan, a Commission was established to consider questions about the responsibility of the initiators of the First World War, which recognized the right of each belligerent to judge those guilty of violating laws and customs. war. In the final report of this Commission, all crimes committed by Germany and its allies were divided into two categories: 1) preparation and unleashing of war; 2) deliberate violation of the laws and customs of war. Articles 227 and 228 of the Versailles Peace Treaty of 1919 provided for the trial of the former German Kaiser Wilhelm II and his associates for actions contrary to the laws and customs of war, and the obligation of Germany to extradite war criminals to the victorious powers.

The former German Kaiser was charged with "the greatest crime against international morality and the sacred power of international treaties" and was subject to trial by a special tribunal composed of five judges of the above-named powers. Other war criminals were to be tried by national military courts. However, the trial of Wilhelm did not take place, since Holland, in whose territory the Kaiser had taken refuge, refused to extradite the former German emperor.

Attempts to organize a trial of the associates of Wilhelm II and the German military were also unsuccessful.

At the beginning of 1920, the Allied Powers presented to the German government lists of persons (about 890 people in total) who were subject to extradition on the basis of Art. 227 Treaty of Versailles. Subsequently, the total list was reduced to 43 names.

However, the German government refused to extradite the criminals of the war and secured that the victorious powers gave their consent to the transfer of these cases to the German Supreme Court in Leipzig, which ultimately faced 12 people, of whom six were convicted.

An unsuccessful attempt to prosecute persons from among the top leaders of the German army and state, naturally, did not contribute to strengthening the principle of inevitability of punishment for crimes committed and, as historical experience showed, subsequently generated a feeling of impunity among the leaders of Nazi Germany.

However, the lack of political will on the part of the allies to seek a trial of war criminals does not diminish the significance of the Versailles Peace Treaty as, among other things, enshrining the rule according to which the official position of a person in the state should not serve as a basis for his release from responsibility for crimes against peace, humanity and for war crimes ...

The Treaty made an important contribution to the process of criminalization of specific atrocities committed before and during the war, which began in international law. The very posing of the question of punishment for this kind of crime and the attempt to administer justice were of great importance.

The criminal goals of the aggressive war unleashed by fascist Germany against the countries of Europe and the USSR, the tragic consequences of the use of monstrous means by the Nazis to achieve these goals made it necessary to establish a special judicial body, which became the International Military Tribunal (IMT) to try the main war criminals.

Even during the war, the Soviet Union, both independently and together with its allies, issued a number of notes and statements that informed the world about the monstrous crimes committed by the Nazis in the temporarily occupied Soviet territories, and contained a warning about responsibility for these crimes.

Thus, in the statement of the Soviet government of October 14, 1942, "On the responsibility of the Nazi invaders and their accomplices for the atrocities committed by them in the occupied countries of Europe," the hope was expressed that all interested states would provide each other with mutual assistance in the search, extradition , bringing to justice and severe punishment of the Hitlerite rulers and their accomplices, guilty of organizing or committing crimes in the occupied territories, and most importantly, it was deemed necessary to immediately prosecute a special international tribunal and punish, to the fullest extent of the criminal law, all the leaders of Nazi Germany who were already in the process wars in the hands of the allies.

In the Moscow Declaration of the Allied Powers of October 30, 1943, the right of the member states of the anti-Hitler coalition to subject all war criminals to trial and punishment, regardless of their citizenship, official position and whether they acted on their own initiative or by order, was fixed. The Declaration established that the criminals would be sent to those countries where the crimes were committed, i.e. transferred to national justice.

During the talks in London (June 28 - August 8, 1945), officials of the USSR, the USA, Great Britain and France signed an Agreement on the Prosecution and Punishment of the Main War Criminals of the European Axis Countries. It included the decision to establish the International Military Tribunal against the main war criminals, whose crimes are not associated with a specific geographical location (MWT), as well as its Charter, which defined the organization, jurisdiction and functions of the MW. The charter provided for the creation of a Committee to investigate cases and prosecute the main war criminals.

Somewhat later, in 1946, the International Military Tribunal for the Far East was created, which tried the main Japanese war criminals. The charter of this judicial entity was signed by 11 states, including the USSR.

Before the start of the trial, the IMT held several organizational sessions in Berlin, at which issues of its rules, the organization of translations, the invitation to the trial of defense lawyers, and some others were considered. On October 18, 1945, the opening of the meeting of the IMT took place in Berlin, at which its members took the oath, the chief prosecutors presented an indictment, and the defendants were handed copies of it.

The Nuremberg trial began on November 20, 1945, and lasted until October 1, 1946. Each of the four governments that participated in the formation of the International Tribunal appointed a chief prosecutor, one member and one deputy. Decisions were taken by a majority vote. The process was conducted in Russian, English, French and German and was built on a combination of procedural orders of all states represented in the International Tribunal.

In the dock there were 24 accused, singled out in a special group of the main war criminals - Goering, Hess, Ribbentrop, Keitel, Kaltenbrunner, Rosenberg and others. The prosecutors opposed them both acting individually and as members of any of the following groups or organizations, to which they respectively belonged, namely: the government cabinet, the leadership of the National Socialist Party, the security detachments of the German National Socialist Party (SS), the state secret police (Gestapo), etc.

According to Art. 6 of the IMT Statute "has the right to judge and punish persons who, acting in the interests of European Axis countries, individually or as members of an organization, have committed any of the following crimes.

The following acts, or any of them, are offenses under the jurisdiction of the Tribunal and carry individual responsibility:

a) crimes against peace, namely: planning, preparing, unleashing or waging an aggressive war or war in violation of international treaties, agreements or assurances, or participation in a general plan or conspiracy aimed at carrying out any of the foregoing acts;

b) war crimes, namely violations of the laws or customs of war. These violations include the killing, torture or slavery or for other purposes of the civilian population of the occupied territory; killing or torturing prisoners of war or persons at sea; killing hostages; robbery of public or private property; senseless destruction of cities or villages; ruin not justified by military necessity and other crimes;

c) crimes against humanity, namely: killings, extermination, enslavement, exile and other atrocities committed against civilians before or during a war, or persecution for political, racial or religious reasons for the purpose of committing or in connection with any crime, subject to the jurisdiction of the Tribunal, regardless of whether these acts constituted a violation of the internal law of the country where they were committed or not.

Leaders, organizers, instigators and accomplices who participated in the preparation or implementation of a general plan or conspiracy to commit any of the above crimes are responsible for all actions taken by any person in order to carry out such a plan. "

At the Nuremberg Trials, the defendants enjoyed a wide range of procedural guarantees of their rights. Thus, they received the indictment for review 30 days before the start of the trial. Of the 403 court sessions, 16 thousand pages of transcripts of which became a real accusatory document against Nazism, not a single one was closed, and 60 thousand passes were issued to the courtroom. During the process, several hundred witnesses were questioned, more than 300 thousand written statements and more than 5 thousand genuine documentary evidence (mainly official documents of German ministries and departments, the General Staff, military concerns and banks) were examined. Only one defendant, G. Goering, spoke at the trial for two days. The defendants had the services of 27 lawyers (of their own choice or by designation from German lawyers), who were assisted by 54 legal assistants and 67 secretaries. Requests to call 61 defense witnesses were granted.

A sentence of imprisonment is served in a state designated by the Court from the list of states that have notified the Court of their readiness to accept sentenced persons. In designating the state where the sentence will be served, the Court takes into account the existence in the state of internationally recognized treaty standards for the treatment of prisoners, as well as the nationality and opinion of the person sentenced.

By the beginning of 2013, 121 states were parties to the Rome Statute of the International Criminal Court, including all members of the European Union (one of the conditions for admitting new members to the EU is the ratification of the Statute). The United States not only refused to ratify the Statute, but also withdrew its signature. According to the US leadership, US citizens can only be tried by an American court. Moreover, the United States entered into agreements with a number of states on the mutual non-transfer of their own citizens to the Court. China also has not ratified the Statute of the International Criminal Court.

The Russian Federation signed the Rome Statute on September 13, 2000, but has not yet ratified it.

Mixed (hybrid, internationalized) courts. Differing from the previously mentioned international judicial bodies by the specifics of their legal nature, the so-called mixed courts differ in the degree of UN involvement in the process of creating these institutions, the formation of their structural units and the drafting of legal acts that determine the procedure for their work. There are other differences as well.

The following international criminal justice bodies, by their legal nature, are among the so-called hybrid tribunals, since they are created on the basis of an agreement between the governments of Sierra Leone, Lebanon, Cambodia and the United Nations and combine international and national mechanisms, personnel, investigators, judges, prosecutors and legal regulations.

The Special Court for Sierra Leone was established in accordance with the Treaty between the United Nations and the Government of Sierra Leone of January 16, 2001 and Security Council Resolution 1315 (2000) of August 14, 2000. The Court became operational on July 1, 2002.

The Special Court is empowered to try those most responsible for serious violations of international humanitarian law in Sierra Leone and for crimes under the relevant national law. The Charter of the Court provides for responsibility both for international crimes (crimes against humanity, violations of Article 3 common to the Geneva Conventions of 1949, Additional Protocol II to them and other serious violations of international humanitarian law), and for serious crimes under the laws of Sierra Leone (crimes against children and their sexual integrity, as well as arson).

The Special Court for Sierra Leone is composed of three main divisions: the Judiciary, comprising two Trial Chambers and one Appeals Chamber, the Prosecutor and the Registry.

The Special Court Prosecutor issued 13 indictments, two of which were later withdrawn due to the death of the accused.

At the end of 2013, completed, including an appeal stage, trials against three former leaders of the Revolutionary Council of the Armed Forces (AFRC), two members of the Civil Defense Forces (CSF) and three former leaders of the United Revolutionary Front (RUF). In April 2012, the Trial Chamber convicted former Liberian President Charles Taylor and sentenced him to 50 years in prison.

The Special Tribunal for Lebanon was established by an agreement between the UN and the Lebanese Republic pursuant to Security Council Resolution 1664 (2006) of March 29, 2006, which was adopted in response to a request from the Government of Lebanon to establish an international tribunal to bring all individuals to justice. who will be found guilty of a terrorist crime on 14 February 2005 that killed former Lebanese Prime Minister Rafik Hariri and others. Pursuant to Security Council Resolution 1757 (2007) of May 30, 2007, the provisions of the annexed document and the Charter of the Special Tribunal contained in its appendix entered into force on June 10, 2007. The Special Tribunal for Lebanon began operations in The Hague on March 1, 2009. ...

The Special Tribunal is composed of the following organs: Chambers, comprising a Pre-Trial Judge, a Trial Chamber and an Appeals Chamber; Prosecutor; Secretariat; Defense Office.

The Judges and Prosecutor are appointed by the UN Secretary General in accordance with the Agreement for a three-year term and may be reappointed for a term determined by the UN Secretary General in consultation with the government. The basis of the applicable law is the norms of the Lebanese criminal law. A special tribunal has filed charges and international arrest warrants for the four defendants.

The Charter of the Special Tribunal provides, subject to certain conditions, for the possibility of trials in absentia if the accused: (a) has expressly waived in writing his right to be present at the trial; (b) Has not been placed at the disposal of the Tribunal by the relevant public authorities; (c) Is fugitive or undetectable and all reasonable steps have been taken to ensure that he appears before the Tribunal and is notified of the charges confirmed by the Pre-Trial Judge.

The jurisdiction of the Tribunal could be extended to the events following the bombing of 14 February 2005 if the Tribunal determines that other attacks that took place in Lebanon between 1 October 2004 and 12 December 2005 are interconnected in accordance with the principles of criminal rights and are similar in nature and severity to the attack on 14 February 2005. This link includes, inter alia, a combination of the following elements: criminal intent (motive), the purpose of the attacks, the nature of the victims against whom they were directed, the method of attack (modus operandi ) and performers. Crimes that have occurred after 12 December 2005 can also be included in the jurisdiction of the Tribunal, in accordance with the same criteria, if the Government of the Lebanese Republic and the United Nations decide to do so and the Security Council gives its consent.

The Extraordinary Chambers in the Courts of Cambodia were established on the basis of an agreement between the UN and the Government of Cambodia. The Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia to Consider Crimes Committed during the Existence of Democratic Kampuchea (ECCC), which is the main legal instrument of this Court, was adopted by the Parliament of Cambodia on January 2, 2001 (as amended on October 27, 2004) and approved by the Treaty between the UN and the Royal Government of Cambodia on June 6, 2003. It provides for responsibility for genocide, for crimes against humanity, for serious violations of the Geneva Conventions of 1949, the Hague Convention for the Protection of Cultural Property of 1954 and for some crimes provided for in the Criminal the Cambodian Code of 1956 (murder, torture, religious persecution).

The purpose of the Extraordinary Chambers is to bring to justice the high-ranking leaders of Democratic Kampuchea and those most responsible for the crimes and serious violations of Cambodian criminal law, international humanitarian law and customs and international conventions recognized by Cambodia, which were committed between April 17, 1975. to January 6, 1979

The main legal documents of the Extraordinary Chambers are the Law on the Establishment of the Extraordinary Chambers and the Internal Regulations.

The main structural divisions of the Extraordinary Chambers are: the Judiciary, consisting of the Pre-Trial Chamber (Chamber), the Trial Chamber (Chamber), and the Supreme Court Chamber (Chamber), the Office of the Co-Prosecutors, the Office of Investigative Judges and the Administrative Department. In each of the divisions, both local specialists and international employees are represented.

The Extraordinary Chambers apply Cambodia's criminal procedure laws. In cases where Cambodian law does not cover a particular issue, or where there is uncertainty about the interpretation or application of the relevant rule of Cambodian law, or when a question arises about the conformity of such a rule with international standards, the Chambers may also be guided by the procedural rules established in international level.

In September 2010, the Court ordered the commencement of the indictments against four of the accused. After considering the statements of the four accused, the Pre-Trial Chamber approved and partially amended the indictments and re-ordered the commencement of trial in January 2011. The trial began with an initiating hearing in June 2011.

Opening statements by the parties began in November 2011.

The specificity of hybrid (mixed) courts is that they were established by Peacekeeping Missions, which have been given an administrative mandate by the United Nations, according to which they exercise the powers of the legislative, executive and judicial powers at the place of peacekeeping operations.

For example, UN Security Council Resolution 1244 (1999) of June 10, 1999, authorizing the Secretary General to establish an international civilian presence in Kosovo - the UN Interim Administration Mission in Kosovo, should be considered among the acts that constitute the legal basis for the activities of mixed courts in Kosovo. Kosovo (UNMIK) - to establish an interim administration for Kosovo; UNMIK Order No. 1999/1 of 25 July 1999 on the Interim Administration Authority in Kosovo; UNMIK Order No. 2000/6 of 15 February 2000 on the Appointment and Removal from Office of International Judges and International Prosecutors.

The rules concerning procedural aspects of mixed-court proceedings in Kosovo are set out, inter alia, in UNMIK Order No. 2000/64 of December 15, 2000 on the Bringing of International Judges / Prosecutors to Proceedings and / or on Changing the Place of the Case. 2001/20 of September 19, 2001 "On the protection of victims of crimes and witnesses in criminal proceedings", No. 2001/21 of September 20, 2001 "On interaction with witnesses in criminal proceedings", No. 2003/26 of July 6, 2003 g. "Interim Code of Criminal Procedure of Kosovo", N 2007/21 of June 29, 2007 on the extension of the order N 2000/64 of December 15, 2000 "On the involvement of international judges / prosecutors in the proceedings and (or) places of consideration of the case ".

The appointment of international judges and prosecutors to the courts of Kosovo is as follows.

At any stage of criminal proceedings, a competent prosecutor, accused or lawyer may apply to the Kosovo Department of Justice for the appointment of international judges or prosecutors, as well as for a change of venue if deemed necessary in the interests of justice.

The Department of Judicial Affairs provides the Special Representative of the UN Secretary General with recommendations on the involvement of international judges, prosecutors or changes in the venue of the case. The Special Representative of the UN Secretary General approves this recommendation.

Thereafter, the Department of Judicial Affairs will appoint: a) an international prosecutor; b) an international investigating judge; or c) a chamber composed of three judges, including two international and one Kosovo judge. One of the international judges is appointed as the presiding judge of the judiciary.

At the same time, the UN Secretary General is empowered to appoint and dismiss international judges and international prosecutors in any court or prosecutor's office located on the territory of Kosovo. International judges and prosecutors have the right to choose those cases, from among new or unfinished ones, in the consideration of which they want to take part. International judges and prosecutors tend to be involved in war crimes and ethnically motivated crimes, ranging from genocide and kidnapping. International judges and prosecutors are participating in the formation of a temporary regulatory material, legal and procedural framework for combating crime in Kosovo.

The United Nations Transitional Administration in East Timor (UNTAET) was established in accordance with UN Security Council Resolution 1272 (1999). By giving UNTAET overall responsibility for the administration of East Timor, the Security Council has endowed it with all legislative and executive powers, including the administration of justice. In the above Resolution, the Security Council, expressing concern at reports indicating that systematic, widespread and gross violations of international humanitarian and human rights law have been committed in East Timor, stressed that perpetrators of such violations are personally responsible and called on all the parties to cooperate in the investigation of the facts indicated in these communications.

UNTAET Order No. 1999/3 of 3 December 1999 establishing the Transitional Commission on the Judiciary; 2000/11 of March 6, 2000 on the organization of courts in East Timor; 2000/15 of June 6, 2000 "On the establishment of Collegia with exclusive jurisdiction over serious crimes"; 2000/30 of September 25, 2000, "On Provisional Rules of Criminal Procedure" laid the legal basis for the activities of the Board with exclusive jurisdiction over serious crimes in East Timor.

The subject matter jurisdiction of the Boards with exclusive jurisdiction was the crimes of genocide, war crimes, crimes against humanity, as well as murder, sexual crimes and torture, for which the Criminal Code of East Timor is responsible.

The jurisdiction of the Collegia extends to individuals - citizens of East Timor and individuals - foreigners, guilty of committing from January 1 to October 25, 1999, crimes attributed to the subject jurisdiction of the Collegiums in the territory of East Timor.

The universal jurisdiction of the Collegiums implies their competence to prosecute and punish individuals regardless of the location of the crime or the nationality of the accused or victim.

Organizationally, the Boards with exclusive jurisdiction include: the Serious Crimes Investigation Team; Panels of Judges (each of two international judges and one judge from East Timor); The Dili District Court of Appeal, composed of two international judges and two East Timorese judges; The Timor Leste Prosecution Service, which is responsible for maintaining public prosecutions.

The legal status and activities of the Iraqi Special Tribunal (IST) have not received an unambiguous assessment in the domestic and foreign doctrine of international law. The position of those who believe that, despite the fact that the material and legal basis of the ICT's activities is its Charter, which provides for the conditions for bringing to responsibility for committing international crimes (genocide, crimes against humanity, war crimes), is convincing, it cannot be considered as a body international criminal justice. The ICT Charter was issued by the Interim Governing Council on December 10, 2003 without the usual parliamentary procedure, let alone any involvement of the international community through the UN. Obviously, therefore, the most important principles of international criminal law were not found in it as guiding principles. Moreover, the initiator of the establishment of the ICT - the Coalition Provisional Administration - was not endowed with a UN mandate.

The procedure for the establishment of the ICT gives serious reasons to doubt that it meets, in particular, the requirement of the provision of Art. 14 of the 1966 International Covenant on Civil and Political Rights, according to which all persons are equal before courts and tribunals. Everyone has the right to have his or her case heard by a competent, independent and impartial tribunal established by law. Legal proceedings in ICT were based on the principles of not international, but national law. The composition of the judiciary and prosecutors of the ICT was national in composition.

The question of whether the examined bodies of international criminal justice form a unified system has not received an unambiguous answer in the domestic doctrine. We only note that the absence of a uniformly understood, exhaustive list of criteria necessary for recognizing the existence of such a system, differences in the legal foundations of the institution and activities, jurisdiction and organization of well-known international criminal courts and tribunals, an unclear order of relations and interaction between them do not allow us to give yes to the above question.

The Nuremberg and Tokyo Military Tribunals, the ending ICTY and ICTR, the current ICC, as well as hybrid judicial bodies such as the Special Court for Sierra Leone, the Special Tribunal for Lebanon, Extraordinary Chambers in the Courts of Cambodia, Collegia with exclusive jurisdiction over serious crimes in East Timor, as well as the mixed courts in the territory of Kosovo, with all their imperfections and shortcomings in their work, have performed and continue to carry out in this far from perfect world the important work of administering international justice, contributing to "the establishment of faith in fundamental human rights, in dignity and human value

The main subjects of the law of international cooperation in the field of combating crime are states. It is the states that formulate the principles and norms that make up the rules for cooperation in this area, and are responsible for ensuring their observance.

So, for example, in Art. 1 of the Convention on the Prevention and Punishment of the Crime of Genocide of December 9, 1948 states that states undertake to take measures to prevent genocide. According to paragraph 1. of Art. 2 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of December 10, 1984, states undertake to take effective legislative, administrative, judicial and other measures to prevent acts of torture in any territory under their jurisdiction. According to paragraph 1 of Art. 3 of the UN Convention against Corruption of October 31, 2003, states undertake to cooperate in the prevention, investigation and prosecution of corruption and the suspension of operations (freezing), seizure, confiscation and recovery of proceeds of crime established in accordance with this Convention. In accordance with Art. 4 of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents, of December 11, 1973, the member states undertake the obligation to cooperate in the prevention of offenses provided for by this Convention.

The provision of legal assistance consists, in particular, in carrying out such activities as the search for alleged criminals, the provision of the necessary materials, the establishment of the whereabouts of persons and objects, obtaining testimony, executing requests for searches, etc. (CIS Convention on Legal Assistance and Legal Relations in Civil , family and criminal matters; European Convention on Mutual Assistance in Criminal Matters); extradition of persons accused of committing crimes or convicted for execution of punishment (European Convention on Extradition); exchange of information, experience, implementation of international standards in the field of criminal justice (Standard Minimum Rules for the Treatment of Prisoners; UN Standard Minimum Rules for the Administration of Juvenile Justice, etc.).

The key ones are international treaties that recognize certain acts as criminal and especially dangerous and establish responsibility for their commission, as well as consolidate joint actions of states with the aim of preventing and suppressing them.

As a rule, agreements of this kind define (in relation to crimes of an international character):

- the international and national danger of such acts, which infringe on the international and national legal order;
- the objective side of criminal acts, regardless of where they are committed, against whom they are directed and what citizenship the offender has (thus, states agree on the qualifications of criminal acts);
- subjects of such crimes;
- direct obligations of states to coordinate measures to prevent and suppress crimes;
- in a general form, the obligation of states to apply punishment. And the definition of criminal sanctions, the conviction of individual criminals for specific crimes are carried out by the criminal legislation of the states parties to these agreements (International Convention against the Taking of Hostages).

The recognition by states of a special danger for the entire international community of certain criminal acts called international crimes and the need for joint measures to prevent and suppress them is an important area of \u200b\u200bcooperation between states in combating crime, since international crimes infringe on the vital interests of states and nations, undermine the foundations of their existence , grossly violate the most important principles of international law, pose a threat to peace and security (Convention on the Prevention and Punishment of the Crime of Genocide, Geneva Conventions for the Protection of War Victims of 1949 and Additional Protocols to them 1977).

Thus, the main contribution of states as the main subjects of international law to the fight against crime is the creation of an international legal framework for countering international crimes and crimes of an international character.

Cm.: Baboy A.A., Koltashov A.I.The law of international organizations and cooperation of states in the fight against crime: study guide. allowance. M., 2008.S. 130.

The main legal problem of cooperation between states in the fight against crime is the problem of jurisdiction.

In a broad sense, the jurisdiction of the state means the exclusive competence of the legislative, judicial or executive branch and is an internal attribute of sovereignty.

In the narrow sense, jurisdiction is understood as the authority of the court to consider cases within its competence, and
make decisions on them or pass sentences.

Depending on the category of cases, they distinguish between civil, administrative, criminal and other jurisdictions.

The criminal jurisdiction of a state is determined mainly by its national legislation and, in some cases, by the norms of international law recognized by that state.

The definition of criminal jurisdiction is based on
the territorial principle, according to which crimes committed on the territory of a given state are subject to the jurisdiction of its courts. However, this principle is not absolute.

The national legislation of some states provides for the responsibility of their citizens for especially grave crimes, regardless of the place of their commission. In particular, the criminal jurisdiction of the United States extends to citizens of this state for committing crimes such as treason, illegal drug trafficking and military crimes, regardless of their location.
committing. In these cases, we are talking about the principle of citizenship. The principle of passive citizenship is very rare. Its essence is that jurisdiction is exercised by the state whose citizen has become a victim of a crime, although it was committed abroad and by a foreigner.

In recent years, a number of international treaties have appeared, which contain the principle of universal jurisdiction (universal principle), as an addition to the territorial principle and the principle of citizenship. Universal jurisdiction means bringing a criminal to trial regardless of where the crime was committed and regardless of his nationality.

The different approach of national legislation to the definition of jurisdiction leads to a conflict of jurisdiction of two or more states in relation to certain crimes (for example, the state of the crime scene adheres to the territorial principle, the state of the criminal's nationality - national). Such conflicts can be resolved through agreements between states.

Criminal jurisdiction, as a rule, is tied to the territory of a state, while crimes do not have such a rigid connection with the territory of one state. Piracy, for example, is not at all associated with the territory of any state. Other crimes are associated with the territories of two or more states. These crimes include continuing crimes when their beginning is associated with the territory of one state, and the continuation and end - with the territories of other states. The consequences of some crimes committed on the territory of one state affect the territories of others. The criminals are becoming more and more mobile, the internationalization of criminal groups is taking place. This predetermines the necessity and possibility of cooperation between states in
fight against crime.

The level and forms of cooperation depend on the extent to which crimes affect the interests of the international community. In this regard, international crimes, crimes of an international character and ordinary crimes are distinguished.

The International Crimes of States are defined by the International Law Commission as internationally wrongful acts resulting from a breach by a State of an obligation that is fundamental to the vital interests of the international community. For the commission of such crimes, individuals are also responsible along with the state.

Crimes of an international character, in addition to infringing on the national legal order, affect the interests of the international community, although not so significant. Sometimes these crimes are called conventional offenses, since the cooperation of states in the fight against
specific crimes of an international character are carried out within the framework of multilateral international treaties.

Common crimes do not infringe on the international legal order and do not affect the interests of the international community, but sometimes the administration of justice on them is impossible without the help of other states. For example, a criminal, having committed a crime, can go abroad and hide there. In this case, the question arises of his search and
extradition, which can only be done with the help of the authorities of the state on whose territory the criminal is hiding.

2 Main areas of cooperation

States cooperate in the fight against such types of international crimes as piracy, slavery
and the slave trade, human trafficking, terrorism, hostage-taking, etc.

Piracy. Piracy as a criminal business associated with the forcible seizure of ships and cargo has been known since ancient times. In the Middle Ages, the international custom developed to regard pirates as the common enemies of humanity, given the danger that piracy posed to the maritime trade. Although piracy is not so common these days, shipping in certain areas is not safe now.

Prior to the adoption of the High Seas Convention in 1958, anti-piracy matters were governed by customary rules. The 1958 Convention defines piracy as any unlawful act of violence, detention or robbery committed on the high seas or in a place outside the jurisdiction of any state, for personal use by the crew or passengers of a private ship or aircraft against another ship
or aircraft or against persons or property,
on board.

Similar actions by government or military ships are piracy only when they are committed by the crew who seized control of that ship in a mutiny.

Any warship can hijack a pirate ship
on the high seas or in a place that is outside the jurisdiction of any state. The courts of the state whose warship captured the pirate ship may determine the punishment for the pirates. If the suspicions of the pirated actions of the hijacked ship are not confirmed, the state that seized the ship is liable to the state of the hijacked ship for damage and
damages caused by this takeover.

The provisions of the 1958 Convention relating to the fight against piracy were included in the 1982 UN Convention on the Law of the Sea (Articles 100 - 107).

Slavery and the slave trade. At the very beginning of the 19th century, norms prohibiting the slave trade - the trade in slaves - appeared in the national legislation of some states (Great Britain, 1808). The active activity of states on the conclusion of bilateral treaties providing for the fight against the slave trade belongs to this time, which contributed to the creation of international legal custom in this area.
The first document that united the struggle against the slave trade and slavery was the Saint Germain Convention of 1919.

Modern cooperation between states in the fight against slavery and the slave trade is governed by the following acts:

The Slavery Convention of 1926. Protocol
1953 amending the Convention concerning
slavery of 1926; and the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, 1956.

Slavery is understood as the position or condition of a person in respect of whom some or all of the powers inherent in the right of ownership are exercised. The slave trade is actions related to the capture, acquisition or disposal of a person for the purpose of turning him into slavery,
purchase for sale or exchange, sale or exchange
and any act of trading or transporting slaves. Institutions similar to slavery include debt slavery, serfdom, the marriage of a woman for remuneration without her consent, the transfer of a wife by her husband or his relatives to another person for remuneration, the transfer of a woman by inheritance
after the death of the husband to another person, the transfer of a person under the age of 18 by his parents to another person for reward for the purpose of his exploitation.

States undertake to assist each other in the abolition of slavery and the slave trade, as well as all institutions and practices similar to slavery. To this end, States shall take the necessary measures to introduce into national legislation severe penalties for violations of laws and regulations prohibiting slavery and the slave trade. Slave,
who has found refuge on a ship of a State party to the Convention, becomes free.

Combating human trafficking. The 1950 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, establishes the obligation of the States parties to punish persons who, in order to satisfy the lust of another person, bring down, entice or seduce a third person for the purpose of prostitution, or exploit the prostitution of a third person even with his consent. Punishment is imposed on owners of brothel houses or those who take part in their management or financing, as well as those who rent or lease buildings or other place knowing that they will be used for prostitution by third parties.

States are obliged to repeal all legislation and administrative regulations that would provide for the registration of persons engaged in prostitution or the issuance of a special document to them. In the states - parties to the Convention, a special body is created that coordinates and summarizes the results of the investigation of crimes,
provided by the Convention. The control is established over the offices for hire in such a way as to prevent the possible exploitation of persons seeking work for the purpose of prostitution.

Terrorism. International cooperation of states in the fight against terrorism began during the existence of the League of Nations. In 1937, the Convention on the Prevention and Suppression of Terrorism was adopted in Geneva. The definition of terrorism in it is given by listing the acts that
are subject to punishment. They include attempts on the life of heads of state and other statesmen, acts of sabotage, actions that endanger many persons, preparation and incitement to terrorist acts, supply of terrorist weapons, production, import, transfer, deliberate use of false documents. The Convention did not enter into force, but influenced subsequent practice, in particular, the Inter-American Convention on the Prevention and Punishment of Acts of Terrorism of 1971, the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 1973 year and the 1976 European Convention on the Suppression of Terrorism.

The 1976 European Convention on the Suppression of Terrorism provides for two categories of offenses. To the first
categories include those that States recognize as criminal by virtue of their participation in the Convention, namely, unlawful seizure of aircraft and illegal actions on board, attempts on life, freedom of persons entitled to international protection, and causing bodily harm to them, taking hostages and arbitrary imprisonment,
the use of firearms and explosive devices, if this is associated with a danger to people. The second category includes acts, the recognition of which as criminal is given at the discretion of states. These include serious acts of violence that constitute an attempt on life, freedom
persons or causing bodily harm to them, as well as serious actions against property and creating a general threat to people.

The 1973 Convention establishes that the deliberate commission of murder, abduction or other attack against the person or freedom of a person enjoying international protection, as well as a violent attack on his residence, home or vehicle, when this is associated with a threat to the personality and freedom of such a person, the state- the participant must be considered a crime and the punishment must be established in national law as a crime of a serious nature.

A State Party shall take the necessary steps to establish its jurisdiction in cases where an offense is committed in the territory of that State, when the alleged offender is its national and when the accused of the crime is in its territory and does not extradite him. The Convention does not exclude the application of any criminal jurisdiction exercised in accordance with national law. The participating States undertake to cooperate in the prevention of crime and to provide assistance and assistance in the investigation of crimes and the punishment of criminals.

The issues of extradition of criminals are resolved in this way.
The offenses contained in the Convention must be included in the list of extraditable offenses in any extradition treaty between States parties. If extradition is conditional on the existence of an extradition treaty, and one has not been concluded between states, then the Convention can be considered as a legal basis for extradition. If states do not make extradition conditional on the existence of an appropriate treaty, then in their relations between themselves the offenses provided for in the Convention are considered extraditable offenses. This formula is repeated in many of the conventions discussed below.

Taking hostages. In recent decades, hostage-taking has become a widespread practice. It is used in various countries by struggling groups, separate units of national liberation, and organized criminal structures. The need for an international treaty in this area has become apparent, and in
1979 UN General Assembly adopted the Convention against the Taking of Hostages. It is an offense to seize or hold persons, accompanied by the threat of murder, harm or further detain such persons (hostages) in order to force a third party
commit any act or refrain from doing it as a direct or indirect condition for the release of hostages. Attempt and complicity are criminal. Third party means a state, international organization, natural or legal person or group of persons. The States parties to the Convention provide for the punishment of this crime as a serious crime in their national legislation. The participating States undertake to cooperate in the prevention of such crimes, as well as in helping to combat them and punish criminals.

Jurisdiction is determined on the basis of competition between principles such as the territorial principle, the principle of citizenship and passive citizenship, the universal principle.

Struggle for the safety of civil aviation and maritime navigation. The increased incidence of hijacking of aircraft in the 1960s led to the adoption in 1963 in Tokyo of the Convention on Crimes and Certain Other Acts Committed on Board Aircraft. The Convention applies to criminal offenses, as well as acts that may create
or endangering the safety of the ship, persons or property on board, or actions that threaten the maintenance of good order on board.

On the issue of jurisdiction, preference is given to the jurisdiction of the State of the ship's registry in relation to offenses that took place on board. And in this regard, the state of registration is taking the necessary measures to establish its jurisdiction, which, however, does not exclude any
other criminal jurisdiction in accordance with the national
legislation. Other participating States may claim to exercise criminal jurisdiction in cases where the consequences of a crime affect the territory of these States, when crimes are directed against their safety, committed by their citizens or against their citizens, constitute a violation of the flight rules established
in these states, or when the exercise of jurisdiction is required by the international obligations of such states. The convention does not contain provisions on extradition, such provisions appeared in conventions adopted later.

In 1970, the Hague Convention for the Suppression of Unlawful Seizure of Aircraft was adopted. The Convention makes it an offense to act unlawfully by any person on board an aircraft to seize or gain control of a vessel by violence or threat of violence or other form of intimidation.

In 1971, the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation was adopted, and in 1988, the Protocol Relating to Unlawful Acts of Violence at International Airports. In accordance with the 1971 Convention, any person commits
a crime if it unlawfully and deliberately carries out an act of violence against a person on board an aircraft in flight, if the act endangers the safety of the flight. Actions that endanger the safety of an aircraft in flight, when a person destroys a ship in service, places a device or substance on a ship in service, which can destroy this ship or disable it, destroys or damages air navigation equipment, is also a crime. or
devices, interferes with the operation of the vessel, informs knowingly false information that poses a threat to the safety of the vessel in flight.

In 1988, Rome adopted the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Adatforms Located on the Continental Shelf. The Convention and the Protocol criminalize unlawful and
deliberate actions to seize a vessel or platform, and
equally endangering the safe navigation of the vessel or the safety of the platform. The list of such actions basically coincides with the list contained in the 1971 Montreal Convention.

Ultimately, all three conventions provide for universal jurisdiction when the alleged offender is present in the territory of one of the states party to the convention. In addition, the jurisdiction of the State of registration of the aircraft or
flag states of a seagoing vessel, territorial jurisdiction (1971 and 1988 Conventions), nationality (1988 Convention), jurisdiction of the state in whose territory the aircraft lands and the alleged offender is on board (1970 and 1971 Conventions).

Issuance is regulated on the basis of the aut dedere aut punere principle (or issue or punish). The State on whose territory the offender is located shall detain him or ensure his presence by other means in accordance with the norms of national law. If the state
does not extradite the offender, then it is obliged to transfer the case to its competent authorities for the criminal prosecution of the detainee. Extradition is handled in the same way as in the 1973 Convention.

Each State Party provides for punishment in its criminal law, taking into account the serious nature of the offenses provided for in all three conventions. The practice of including in bilateral agreements on air services provisions,
concerning the issues of combating acts of unlawful interference in the activities of civil aviation.

Combating the illegal distribution of narcotic drugs. International cooperation in the fight against illicit drug trafficking began at the beginning of the 20th century. The first international treaty was concluded in The Hague in 1912. The principles of this Convention were adopted and developed in subsequent international acts, including
the current Single Convention on Narcotic Drugs of 1961 (which replaced all previous ones for its participants), in the Convention on Psychotropic Substances of 1971, in the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Drugs. substances of 1988. These international treaties recognize the need
the use of narcotic drugs and psychotropic substances for medical and other legal purposes and the inadmissibility of the abuse of such drugs and substances. Implementation of these principles predetermines the need to estimate the needs of states in narcotic drugs and establish control over their manufacture and distribution, as well as cooperation in the fight against illegal actions in relation to drugs.

Any natural or synthetic substance included in Schedules I - II of the 1961 Convention is considered a narcotic drug, and any natural or synthetic substance or any natural mineral that is included in Schedules I - IV of the 1971 Convention is considered a psychotropic substance. The lists can be supplemented with new substances and means in the prescribed manner.

The organs of international control over narcotic drugs and psychotropic substances are the ECOSOC Commission on Narcotic Drugs and the International Narcotics Control Board. States parties to the 1961 Convention provide the Committee with statistical
information on the production, manufacture and consumption of narcotic drugs, their use for the production of other drugs and drugs, import (export) and stocks as of December 31 of each year. In addition, States parties submit to the Board annually estimates of requirements for narcotic drugs for medical and scientific purposes; in case of failure to submit settlements on time, the Committee has the right to independently make such calculations. The committee may recommend a state to suspend
import (export) of narcotic drugs, if deemed necessary.

Under the 1971 Convention, the Committee, in the exercise of its functions, may seek clarification from the States parties, recommend corrective measures, as well as draw the attention of the parties, ECOSOC, and the Commission to this issue if its previous actions do not yield the expected results. The Committee, drawing the attention of States to
unsatisfactory, from his point of view, the state of affairs, may recommend the parties to stop exporting (importing), if it is convinced that it is necessary.

Trafficking in narcotic drugs is generally carried out under licenses, and the participating States exercise control over all persons and businesses involved in the trade or distribution. Export (import) of psychotropic substances included in lists I and II is carried out on the basis of a permit obtained for each such transaction separately. The movement of each export consignment of psychotropic substances is controlled by the parties. For substances included in Schedule III, a declaration is drawn up in triplicate, indicating the details provided for by the Convention.

The conventions provide that the states parties will consider as criminal all acts committed intentionally, in violation of the provisions of the conventions. In this case, serious offenses must be subject to appropriate punishment, in particular prison (Article 36 of the 1961 Convention, Article 22 of the 1971 Convention, Article 3 of the 1988 Convention).

In 1990, the 17th special session of the UN General Assembly adopted the Political Declaration and the World Program of Action for International Cooperation in the Fight against the Illicit Production, Supply, Demand, Trafficking and Distribution of Narcotic Drugs and
psychotropic substances. The Declaration, in particular, reaffirms the provisions of the Conventions of 1961, 1971, 1988, and highly appreciates the positive measures implemented by the Narcotics Division of the UN Secretariat, the International Narcotics Control Board and the UN Fund for Drug Abuse Control. The Declaration proclaims the United Nations Decade Against Drug Abuse, 1991-2000.

The World Program of Action provides for measures to combat drug abuse and illicit trafficking at the national, regional and international levels in the following areas: prevention and reduction of drug abuse in order to eliminate the illicit demand for narcotic drugs and psychotropic substances; treatment, rehabilitation and social reintegration of drug addicts; control over the supply of narcotic drugs and psychotropic substances; suppression of illegal circulation of narcotic drugs and psychotropic substances; dealing with the consequences of the availability of funds,
which are formed, used or intended for
drug trafficking, illegal financial flows or illegal use of the banking system (in particular, measures to prevent money laundering); strengthening the judicial and legal system.

The UN Secretary General has been invited to submit to the General Assembly a report on activities under the World Program of Action on an annual basis. Proclaimed in 1987 by the UN General Assembly as International Day (June 26) against drug abuse
drugs and their illicit traffic should be noted in such a way as to raise awareness of the fight against the abuse and trafficking of narcotic drugs and psychotropic substances, and promote preventive measures.

Fight against the recruitment of mercenaries. In the Middle Ages and later, mercenaries played a significant role in the wars waged on the European continent. Nowadays
the attitude towards this institution has changed radically. Change
found legal confirmation in the 1989 Convention against the Recruitment, Use, Financing and Training of Mercenaries. Under the Convention, an offense
are the actions of both the mercenary and the person who recruits, uses, finances or
training a mercenary. Attempt and complicity are also punishable. States parties provide for appropriate penalties in national law, taking into account the seriousness of these crimes.

A mercenary is a person who is specially recruited to participate in an armed conflict or in joint violent actions aimed at undermining the constitutional order or the territorial integrity of a state. The main motive for the participation of a mercenary in an armed conflict or violent action is the desire to obtain personal gain in the form of significant material rewards. The mercenary is not
is a citizen of states in a state of armed conflict or a state against which violent actions are directed. In addition, the mercenary is not part of the armed forces of the belligerent states. Mercenaries are not members of the armed forces of a non-belligerent state who are sent to carry out their official duties (see chapter 21).

The Convention contains a widespread formula for determining jurisdiction: the territorial principle, the principle of citizenship and the universal principle. The results of the mercenary proceedings of the state are reported to the UN Secretary General. Extradition is governed by the same procedure as in the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents.

3 Legal assistance in criminal cases

Criminal procedural actions of the state authorities
limited by its territory, while for the normal
administration of criminal justice is sometimes necessary
carrying out procedural actions on the territory of another
state. Since the principle of state sovereignty excludes direct actions of the authorities (including judicial) of one state on the territory of another, a request for assistance remains the only way to perform the necessary procedural actions. Cooperation of States in the provision of legal assistance in criminal matters
develops at the level of bilateral relations and regional
agreements, certain issues of such cooperation are included in multilateral international treaties (for example, issues of extradition of criminals).

In Russia, there are treaties on legal assistance for
civil, family and criminal cases with more than 20 states concluded by the former USSR. The provisions relating to legal aid in criminal matters are basically the same in all these treaties and boil down to the following.

^ There are provided such types of legal assistance in criminal cases as the service and forwarding of documents, provision of information on current law and judicial practice, interrogation of accused, defendants, witnesses, experts, conducting expert examinations and judicial examination, transfer
material evidence, initiation of criminal prosecution, extradition of persons who have committed crimes. A written request for legal assistance is provided and the items given will remain in effect. The parties inform each other about the results of the criminal prosecution. At the request of the party, a copy of the entered into legal
the force of the sentence.

Transfer of convicted persons. In 1978, Berlin was (Adopted the Convention on the Transfer of Persons Sentenced to Imprisonment to Serve Sentence in the State of Which They Are Nationals.
of the state, the court of which passed the sentence, with the consent of the state, the citizenship of which the convicted person has.

In 1983, the Convention on the Transfer of Sentenced Persons was adopted in Strasbourg. Although the Convention was adopted within the framework of the Council of Europe, Art. 18 and 19 admit, under a certain procedure, the participation of states that are not members of the Council of Europe. In the coming years, the number of parties to this Convention will increase; in favor of such a development of affairs they say
the events taking place in Europe and the calls to join it, which are contained in the Helsinki documents.

4. International standards of circulation
with offenders

Within the framework of the UN, documents have been developed and adopted that establish certain standards for the administration of justice. They contain standards of conduct for officials involved in one way or another in the administration of justice, rules for the treatment of offenders, and standards that protect victims of crime. These documents, in particular, include the Standard Minimum Rules for the Treatment of Prisoners, which were adopted at the 1st UN Congress on the Prevention of Crime and the Treatment of Offenders in 1955 and then approved by ECOSOC. The rules are not an international treaty, they serve as a model for states when developing national rules in
this area.

The rules are divided into two parts: the first gives general rules for all categories of prisoners, the second contains rules for special categories of prisoners, namely: convicted, mentally ill and mentally disabled, remand prisoners, civil prisoners and prisoners for security reasons. ... The rules are based on the principle of non-discrimination on many grounds and take into account the religious beliefs and moral attitudes of prisoners.

The general rules stipulate that in all places of detention a special register is kept, in which the necessary data is entered on each prisoner. The provision is made for the separation of prisoners depending on gender, age, previous convictions, etc. The rules establish requirements for living and working premises, and both single and shared cells are possible. Clothing should be suitable for climatic conditions, and if wearing a uniform is required, then it should not be offensive or degrading. Food should be
nutritious enough to maintain health and strength, good quality and well cooked. To provide medical care, all institutions must have at least one qualified medical worker, patients must be placed in special institutions or in ordinary
hospitals.

Disciplinary punishment of prisoners is possible only for conduct that is classified as a disciplinary offense by law or by order of the competent authorities. The form
and the measure of punishment, corporal punishment is inadmissible. The prisoner should be given the opportunity to justify relevant facts and reasons. Punishment in the form of strict upkeep or a reduction in food can be imposed only with a written
the doctor's opinion that the prisoner can tolerate
it is a punishment.

The administration of the institution can use funds
restraint to prevent escapes during transport, for medical reasons, as directed by a physician and by order of the director of the institution, when other measures are invalid. In any case, the use of such means of restraint as shackles and chains is prohibited.
Each prisoner, upon arrival at the institution, must be
informed about the rules and requirements established
in this institution in such a volume that he clearly gives himself
report on their rights and obligations. Prisoners must
be able to maintain contact with the outside world through both correspondence and meetings with relatives and friends. Foreign citizens should have a reasonable opportunity to maintain contact with diplomatic and consular representatives of their states, if there are none in their country of imprisonment, then with representatives of those
states that have undertaken to protect their interests.

The Rules contain requirements for the staff of establishments. First of all, the staff must have special professional training, which is supported and improved while working through a system of courses. If possible, the staff of the staff should include psychologists, psychiatrists, teachers, doctors, industrial training masters. The director and at least one doctor must live either in the institution itself or close to it. Women's divisions must be headed by female employees, male employees are only allowed into women's divisions accompanied by female employees. Employees of establishments can only use force in self-defense, preventing escape attempts and actively or passively resisting orders given in accordance with the laws and administrative regulations of the competent authorities. Employees who, in the performance of their duties, are in direct
contact with prisoners, must carry weapons only in
exceptional cases.

The international community devotes considerable attention to the prohibition of torture. Already the Universal Declaration of Human Rights contained a provision according to which no one should be subjected to torture or such treatment or punishment that degrades the dignity or is
cruel, inhuman. This requirement became a norm of international law, being included in the Covenant on Civil and Political Rights.

In 1975, the UN General Assembly adopted the Declaration on the Protection of All Persons from Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. On the basis of this Declaration, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was developed and adopted in 1984.

Torture is understood as such actions of officials
or persons acting in an official capacity who, in order to obtain information or confessions, punish for actions, intimidate or coerce. These actions can be carried out both by the official himself and with his knowledge or tacit consent or at his instigation. States -
the parties to the Convention undertake in their criminal legislation to consider all acts of torture as crimes and to impose penalties taking into account their grave nature. Issues of jurisdiction and extradition are dealt with in the Convention in the same manner as in the Convention on Prevention and Punishment
crimes Against Internationally Protected Persons, Including Diplomatic Agents, 1973

For the international monitoring of compliance with the provisions of the Convention, a Committee against Torture has been established, consisting of 10 experts elected by the States parties to the Convention for a term of 4 years with the right to re-election. States Parties submit to the Committee for consideration
reports that report on the measures they have taken to
fulfillment of obligations. Besides. The Committee, upon receiving reliable information that, in its opinion, contains substantiated evidence of the systematic use of torture in the territory of a State party, invites it to cooperate in considering this information. FROM
taking into account the comments of the State, the Committee may commission several of its members to conduct a confidential investigation and report to it. The results of the investigation are sent to the state with the comments and proposals of the Committee.

A special procedure has been established for the consideration by the Committee of reports from States parties on violations of obligations by other parties to the Convention and reports from individuals that they have become victims of violations by States of the provisions of the Convention. These procedures are valid in relations only between those States which, by a special declaration, have recognized the competence of the Committee to receive and consider such communications. In the first case, the Committee renders good offices to the parties in order to reach an amicable resolution of the issue. In the second, after considering the communication, the Committee submits its opinion to the State party and the complainant.

In 1979, the UN General Assembly adopted the Code of Conduct for Law Enforcement Officials. The Code is not an international treaty, and therefore contains recommendatory norms. It consists of 8 articles, each of which is accompanied by a commentary.
Law enforcement officials are all officials involved in the enforcement of the law and with police powers. This concept also includes representatives of the military authorities (in uniform or civilian clothes) and the state security forces in
those states in which they exercise police functions.

Officials for maintaining law and order carry out the duties assigned to them by law constantly, and protect all persons from unlawful acts. They respect and protect human dignity, support and protect human rights in relation to all individuals. Law enforcement officials can apply
force only when absolutely necessary and to carry out their duties. The use of firearms is permissible in exceptional cases when the offender provides armed resistance or otherwise threatens the lives of others and when other measures are insufficient to
detention of a suspected offender.

Law enforcement officials, when receiving information relating to the private life of others, are obliged to keep it confidential and may disclose it only if it is required for the performance of their official duties or in the interests of the administration of justice. Law enforcement officials are required to ensure that the health of detainees is protected and to take steps to ensure that medical care is provided to those who need it. This also applies to victims of offenses or accidents. Acts of corruption or any
other abuses of power are incompatible with the official position of an official, and if they are committed, he is subject to punishment to the fullest extent of the law. Respect for the law, the use of all opportunities to prevent its violation is the duty of law enforcement officials.

5. Cooperation in the fight against
crime within international
organizations

One of the goals of the UN is the implementation of international cooperation in resolving international problems of a social and humanitarian nature. The fight against crime as a social and humanitarian problem is
one of the aspects of the UN's practical activities. Of its main bodies, the General Assembly, ECOSOC, and the Secretariat are to some extent occupied with this problem. The UN Congress on the Prevention of Crime and the Treatment of Offenders and the UN Committee on the Prevention and Control of Crime are directly involved in the fight against crime.

The UN Congress on the Prevention of Crime and the Treatment of Offenders, in accordance with the decision of the 1950 UN General Assembly, convenes once every five years. Its participants are States represented by the respective delegations. The delegations include senior police officials, criminologists, penologists, criminal law and human rights specialists. In addition, individual participants are involved in the sessions of the Congress. The main goal of the Congress is to determine the directions and means of preventing and combating crime, taking into account the achievements at the national level of various states,
and the treatment of offenders. Significant role
Congress in the adoption of international standards in this area of \u200b\u200bactivity. For example, at the Eighth Congress (Cuba, 1990), documents were adopted, in particular, such documents as model agreements on extradition of criminals, mutual assistance in criminal matters, transfer of criminal cases to each other, on the prevention of crimes related to infringement of cultural heritage, and etc.

Sessions are limited to two weeks in duration, and therefore require thorough preparation to be successful. This is the responsibility of the UN Committee on Crime Prevention and Control. The committee is a permanent expert body whose members (27 members) are elected
ECOSOC on the proposal of states for 4 years and act in a personal capacity. The election takes into account the principle of equitable geographical distribution and high qualifications of candidates.

The International Criminal Police Organization (Interpol) carries out practical work to combat crime. The supreme body of the Organization is the General Assembly, in which all states are represented. The working procedure of the General Assembly is sessional, sessions are convened annually. The Assembly is competent to deal with all issues of the Organization's activities, it can create special commissions on a temporary or permanent basis.

The Executive Committee is a limited body. It includes the President, three (four) vice presidents and 9 delegates, elected by the Assembly for 4 years (President) and 3 years (vice presidents and delegates) without the right to be re-elected immediately. The Executive Committee monitors the implementation of the decisions of the General Assembly, prepares the agenda for its next session, monitors the activities of the Secretary General. The meetings of the Executive Committee are held at least once a year, its members act as representatives of the Organization.

The General Secretariat consists of the permanent services of the Organization. It is chaired by the Secretary General, who is elected by the Assembly on the proposal of the Executive Committee for a 5-year term; the role of the Secretary General in the Organization is significant. The Secretariat implements the decisions of the Assembly and the Executive Committee, is an international center for information and the fight against crime, maintains contacts with national and international institutions, with national central bureaus, etc.

The peculiarity of Interpol in comparison with other international organizations is that the structure of its bodies includes national central bureaus (NCB) of the member states. NCB is a special working apparatus acting as part of the national body to which
the state has entrusted its representation in Interpol.
NCB maintains relations with the Secretariat of Interpol, with NCBs of other member states, with the authorities of their state.

The objectives of the Organization are to promote broad mutual cooperation of all criminal police bodies, as well as to create and develop institutions that can contribute to the prevention and fight against crime. The organization does not participate in assistance in matters of a political, military, religious or racial nature.

Firstly, the fact that the Organization is the center for registration of criminals serves to achieve the goals of Interpol. Interpol maintains such general registration files as an alphabetical file of all known international criminals, a file on the appearance of criminals, a file
documents and titles, a file of crimes. Special registration cards are presented as fingerprint and photographic.

Secondly, Interpol is conducting an international search for criminals. This procedure is as follows. The relevant authority of a member state applies to its NCB with a request to search for a criminal hiding abroad. NCB checks the compliance of the request with the requirements of the Interpol Charter, requests additional information, if necessary, and sends the request to the General Secretariat, which in turn determines the compliance of the request with Art. 3 of the Charter and, recognizing it as appropriate, sends it to the NCBs of the Organization's member states. National Offices, having received
the request, determine the permissibility of the search under the national legislation of their country and, if the answer is positive, pass the request for execution to the police. When a criminal is found, the police detain him in accordance with the legislation of their state and notify their NCB. The latter notifies the Secretariat and the NCB of the country initiating the search, which urgently informs the interested body of its state. After that, a request for extradition is sent and if the NCB issue is positively resolved, the initiator of the search informs the General Secretariat, which notifies other states about the termination of the search.

The role of Interpol is also significant as an information center in the broadest sense. In this regard, the statistical and information services and technical assistance are successfully operating.

Membership in the Interpol of the USSR (since 1990) passed to Russia.

International cooperation in the fight against crime is a specific activity of states and other participants in international communication in the field of crime prevention, combating it and the treatment of offenders. The volume, main directions and forms of this cooperation are determined by the content and characteristics of crime as a phenomenon of a particular society, to a large extent by the national policy of the state in the fight against crime and terrorism. At the same time, cooperation between states in this area is closely related to a certain historical level of development of international cooperation and (or) confrontation in general in the political, socio-economic, humanitarian, cultural, legal, military and other areas.

The universally recognized center organizing and coordinating international relations is the United Nations, a universal intergovernmental organization operating on the basis of a special treaty - the Charter.

The main task of the UN, according to its Charter, is to ensure and maintain peace on Earth, but the UN promotes cooperation between states in other areas. One of the areas of such cooperation is the exchange of experience in the field of crime prevention, combating it and promoting the humane treatment of offenders. This area is a relatively new direction in the activities of UN bodies, which began in 1950, when the International Criminal and Penitentiary Commission - IUPC (created in 1872) was abolished, and the United Nations took over its functions. The UN has been actively involved in the fight against terrorism since 1972.

For this area of \u200b\u200bcooperation, it is specific, first of all, that it affects, as a rule, purely internal aspects of the life of specific states. The causes that give rise to crime, as well as measures to prevent and combat it, the means of re-education of persons who have committed crimes, are formed and developed in each state in its own way. They are influenced by the main political and socio-economic, as well as such specific factors that are determined by the peculiarities of the legal systems that have developed in certain states, historical and cultural traditions, etc.

The main such areas are the following:

Extradition of criminals (extradition) and provision of legal assistance in criminal cases;

Scientific and informational (exchange of national scientific and practical experience, discussion of problems and joint research);

Providing professional and technical assistance to states in their fight against criminal crime and terrorism;

Legal and treaty coordination of the fight against crimes affecting several states (cooperation of states in the fight against certain types of crimes on the basis of international agreements);

International legal institution and activities of international institutional bodies and organizations to combat crime and bodies and organizations of international criminal justice ( ad hoc and on an ongoing basis).

The main sources (forms) that constitute the legal basis for cooperation between states in this area include:

Regional international agreements such as the 1977 European Convention on the Suppression of Terrorism;

Treaties on mutual legal assistance in criminal matters and extradition, such as agreements signed by European states;

Bilateral agreements such as the 1999 Treaty between the Russian Federation and the United States of America on Mutual Legal Assistance in Criminal Matters;

Agreements - constituent documents of international bodies and organizations dealing with the fight against crime: Charter of the International Criminal Police Organization 1956; Rome Statute of the International Criminal Court 1998, etc .;

Interdepartmental agreements, for example, agreements of the Ministry of Internal Affairs of Russia with the relevant departments of other states on cooperation;

National legislation, primarily criminal and criminal procedure codes and other criminal laws.

It seems that due to the specifics of such crimes and criminal phenomena as terrorism and international terrorism, and in connection with the peculiarities of organizational and legal methods of combating them, it is time to decide on the creation of an intersystem (national law and international law) branch of law - "Anti-terrorist law".

On a contractual basis, international cooperation is developing in the field of legal assistance in criminal matters: the issuance of material evidence, the provision of the appearance of witnesses, the transfer of items obtained by criminal means, as well as the provision of appropriate specialists and technologies.

In the period after the Second World War, the legal and treaty coordination of the fight against crimes that affect the interests of several states is becoming an increasingly specific area of \u200b\u200binternational cooperation. This is due to the fact that the international legal framework for combating such crimes is being improved, taking into account the changes in their nature and scale. At the same time, a contractual legal recognition of the danger of a number of other criminal offenses affecting international relations is being formalized. Thus, at present, international agreements recognize the need to coordinate the fight against such crimes affecting the interests of several states as: counterfeiting; slavery and the slave trade (including similar institutions and practices); distribution of pornographic publications and products; trafficking in women and children; illegal distribution and use of drugs; piracy; rupture and damage of the submarine cable; collision of ships and failure to provide assistance at sea; "pirate" radio broadcasting; crimes committed on board an aircraft; crimes against persons who enjoy protection under international law; taking hostages; mercenary crime; crimes against the safety of maritime navigation; illegal handling of radioactive substances; laundering of proceeds from crime; illegal migration; illegal circulation of weapons, ammunition, explosives, explosive devices.

The Russian Federation is a party to most of these agreements; for example, only in recent years have the following been signed: the 1990 Council of Europe Convention on Laundering, Seizure, Seizure and Confiscation of the Proceeds of Crime, the 1998 International Convention for the Suppression of the Financing of Terrorism, the Agreement on Cooperation of the CIS Member States in the Fight against Illegal migration in 1998

After the end of the existence of the USSR, the scientific and informational direction developed within the framework of the CIS and the Russia-Belarus Union. For example, in November 2003, a scientific-practical conference "Actual problems of the fight against terrorism in the southern region of Russia" was held in Russia, in which the CIS member states located in the Transcaucasus took part. Problems of combating crime and terrorism are discussed at practically all meetings of the main bodies of the CIS - the Council of Heads of State, the Council of Heads of Government, the Executive Committee, the Interparliamentary Assembly of the CIS Member States. In particular, in June 2003, the CIS Program for Combating International Terrorism and Other Manifestations of Extremism until 2005 was approved, where a special section is devoted to information-analytical and scientific-methodological support for the fight against terrorism and other especially dangerous crimes. Harmonization of national legislation in this area is an important area of \u200b\u200bactivity of states within the framework of the CIS to control and combat terrorism.

In the period after the Second World War, such a direction of international cooperation as the provision of professional and technical assistance to states in their fight against criminal crime was fully developed. If earlier such assistance was provided on a bilateral basis and sporadically, then since the late 1940s it began to be carried out also through the UN system and at the regional level. This direction is closely connected with the scientific and informational direction of international cooperation and the activities of the UN in the fight against criminal crime.

The main types of professional and technical assistance in the field of combating crime are the provision of fellowships, the sending of experts and the organization or facilitation of seminars.

In order to encourage the provision of technical and vocational assistance, the UN General Assembly, on the recommendation of its Third Committee, adopted the Resolution on Crime Prevention and Criminal Justice and Development at its 36th session, which urged the Department of Technical Cooperation for Development of the United Nations Development Program support technical assistance programs in crime prevention and criminal justice; and promote technical cooperation among developing countries.

Counteraction to organizations and individuals whose activities are aimed at carrying out terrorist acts on the territories of other states;

Combating illegal production and trafficking of weapons, ammunition, explosives and explosive devices, countering mercenarism; establishing criminal liability for crimes of a terrorist nature.

After the adoption of the UN Charter, further development of forms of cooperation took place: within the framework of international bodies and international organizations operating in the field of combating crime, as well as on the basis of international treaties.

Cooperation within the framework of international organizations in such a specific area as the fight against criminal crime is important and promising.

1998 saw a real breakthrough in the creation of international criminal justice bodies: the Rome Statute of the International Criminal Court was approved. On July 1, 2002, it entered into force.

Another generally recognized form of interstate communication, including cooperation in the fight against crime and terrorism, is international treaties. An international treaty, the main source of international law, also plays an important role in formalizing international relations in the field of combating crime.

The general trend towards the expansion of international cooperation in this area is associated with the concern of peoples about the existence of crime, which hinders their socio-economic and cultural development. Each state, to one degree or another, is prone to criminal crime and transnational crimes and therefore seeks (albeit with varying degrees of interest) to get acquainted with the experience of combating them with other states, as well as to pass on their experience to them. This is the basis for the further development of international cooperation in the fight against crime.

International cooperation in the fight against international crime. Legal framework and principles of international cooperation of states in the fight against crime International criminal justice

Forms of interstate cooperation in the fight against crime

The main directions and forms of international cooperation in the fight against crime

UN bodies dealing with crime prevention

Interpol - International Criminal Police Organization

International counter-terrorism cooperation between states and international organizations

International criminal justice

2 Main areas of cooperation

3 Legal assistance in criminal cases

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