International cooperation in the fight against crime.

Necessity, directions and legal framework cooperation of states in the fight against crime.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

International Criminal Police Organization (Interpol).

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

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

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

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

The highest governing body of Interpol is the General Assembly.

Bibliography

International law: Textbook for universities. - 2nd ed., rev. and additional / Rev. ed. prof. G.V.

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

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

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

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

When approaching this topic, the question immediately arises whether it is legitimate to talk about the international fight against crime at a time when crimes are committed on the territory of a certain state and fall under the jurisdiction of this state.

Indeed, the fight against crime in any state is not international in the literal sense of the word. The jurisdiction of this state, the competence of its law enforcement agencies. Similarly, offenses committed outside its territory, such as on the high seas on ships flying the flag of that State, fall under the jurisdiction of a State.

Taking into account that in all cases the principle of jurisdiction of one state or another applies to a crime, the international fight against crime means the cooperation of states in the fight against certain types of crimes committed by individuals.

The development of cooperation between states in this area has come a long way.

At first, the most simple shapes, for example, reaching an agreement on the extradition of a person who committed a crime, or on any other actions related to a particular crime. Then there was a need to exchange information, and the volume of this information was constantly expanding. If earlier it concerned individual criminals and crimes, then gradually it is filled with new content, affecting almost all areas of the fight against crime, including statistics and scientific data on the causes, trends, forecasts of crime, etc.

At a certain stage, there is a need to exchange experience. With the development of scientific and technological progress, cooperation in this area is also changing and playing an increasingly significant role in relations between states.

The same thing happens with the provision of legal assistance in criminal cases, including the search for criminals, the service of documents, the interrogation of witnesses, the collection of material evidence and other investigative actions.

IN Lately a prominent place in relations between states is occupied by the issue of providing professional and technical assistance. Many states are in dire need of equipping their law enforcement agencies with the latest technical means necessary to combat crime.

For example, to detect explosives in the luggage of air passengers, very complex and expensive equipment is required, which not all states are able to acquire.

Of particular importance are joint actions or their coordination, without which law enforcement different states cannot successfully fight certain types of crimes and, above all, organized crime. Although the fight against international crime remains a task of paramount importance, more and more attention is being paid to the problem of crime prevention, the treatment of offenders, the functioning of the penitentiary system, etc.

Cooperation between states develops on three levels.

1. Bilateral cooperation.

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

2. Cooperation at the regional level is due to the coincidence of interests and nature of relations between the countries of a certain region.

For example, in 1971, 14 member states of the OAS signed in Washington the Convention on the Prevention and Punishment of Acts of Terrorism. On April 20, 1959, in Strasbourg, the member states of the Council of Europe signed the European Convention on Mutual Legal Assistance in Criminal Matters.

Within the framework of the CIS, in 2002 in Chisinau, the Commonwealth countries signed the Convention on Legal Assistance in Civil, Family and Criminal Matters.

• 3. Cooperation at the universal level began as early as within the framework of the League of Nations, and continued in the UN. At present, a whole system of multilateral universal treaties in the field of international criminal law has been created:
  • - Convention on the Prevention and Punishment of the Crime of Genocide, 1948;
  • - Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949;
  • - Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, 1956;
  • - International Convention on the Suppression and Punishment of the Crime of Apartheid, 1973;
  • - Tokyo Convention on Crimes and Certain Other Acts Committed on Board Aircraft, 1963;
  • - The Hague Convention for the Suppression of Unlawful Seizure of Aircraft, 1970;
  • - Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971;
  • - Convention on Narcotic Substances 1961;
  • - Convention on Psychotropic Substances 1971;
  • - Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988;
  • - Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 1973;
  • - International Convention against the Taking of Hostages, 1979;
  • - Convention on the Physical Protection of Nuclear Material 1979, etc.

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

• - harmonization of the classification of crimes that pose a danger to several or all states;
• - coordination of measures to prevent and suppress such crimes;
• - establishing jurisdiction over crimes and criminals;
• - ensuring the inevitability of punishment;
• - provision of legal assistance in criminal cases, including the extradition of criminals.

Cooperation between states in the field of combating crime is carried out in several directions:

Recognition of the danger to the community of states of certain criminal acts and the need to apply joint measures to suppress them.

Assistance in the search for offenders hiding in foreign territory. There are two possible channels for implementation - through diplomatic institutions and through direct links between the bodies conducting search and inquiry in their country (law enforcement agencies).

It is necessary to note the expansion of this area of ​​cooperation: if earlier states applied to a specific country with a request to search for or extradite a criminal, now this search is being conducted on a global scale, and a search is announced not only for an escaped criminal, but also for stolen property. In order to facilitate the search, information is sometimes exchanged.

Assistance in obtaining the necessary materials for a criminal case. If a crime is committed or committed in several countries or part of it is committed in another state, etc. Witnesses and physical evidence may be located in another state. In order to obtain materials on the case, in some cases it is necessary to carry out investigative actions abroad, which is carried out by sending an appropriate separate order. This may be an order to interrogate a witness, a victim, to inspect the scene, etc.

The agreement determines what kind of instructions can be given to the relevant authorities of another state. The body that must fulfill this order is guided by its national procedural rules, while all the questions posed in the order must be answered.

Rendering practical assistance to individual states in solving crime problems and studying these problems.

This type of assistance is expressed in sending experts to individual countries to provide specific assistance (determine the main directions in the fight against crime, give recommendations on the organization of the penitentiary system, etc.).

The study of the problems of crime and the fight against it. For this purpose international congresses are convened. Conferences, international organizations, research institutes are being created.

Information exchange. States often agree to provide each other with the information necessary for the successful investigation and capture of the offender, as well as other information of a criminal nature. In particular, the exchange of information about sentences passed against citizens of another country. As a rule, this kind of information is exchanged once a year.

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

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

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

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

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

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

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

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

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

International interaction and cooperation in this area is the activity of states and international organizations to determine priority areas for the fight against crime, coordination, development of common standards and norms in the field of crime prevention and criminal justice, treatment of offenders, improvement of the activities of judicial and law enforcement agencies, support, harmonization and coordination of efforts aimed at providing legal assistance in criminal cases, searching for criminals, protecting the population from lawlessness and arbitrariness.

The relevance of international interaction and cooperation in modern criminological policy is increasing in connection with the processes of globalization, the criminalization of international politics, the development of transnational crime, the integration of criminal syndicates and organizations.

The center for coordinating the activities of states and international organizations in the fight against crime is United Nations (UN), within the framework of which uniform standards and norms are adopted in relations with offenders, priority areas for the fight against crime are established. In this sense, an important role the UN General Assembly, where reports on the implementation of a particular international convention are heard annually. Leading role in organizing the fight against crime in international level plays United Nations Economic and Social Council (ECOSOC). ECOSOC has more than 70% of the human and financial resources of the entire UN system at its disposal.

In the structure of ECOSOC works Commission on Crime Prevention and Criminal Justice (CPT), consisting of 40 members elected at the session of the UN ECOSOC for three years, taking into account the fair geographical representation of states in it. The Commission performs the following functions: defining guidelines for the UN in the field of crime prevention and criminal justice; development, control over the implementation of the UN program of work in this area; assistance and assistance in coordinating the activities of the UN institutions for the prevention of crime and the treatment of offenders.

The CPT prepares and, since 1955, holds every five years United Nations congresses on the prevention of crime and the treatment of offenders. Soviet Union, and then the Russian Federation has been taking part in them since 1960. The UN Congresses bring together representatives of law enforcement agencies from UN member states, legal scholars, specialists in the field of penitentiary, criminology, forensic science, human rights, etc. This body has the highest international authority and actively participates in the creation of a legal and organizational basis for cooperation between states in the field of combating crime.

The X Congress was held on April 10-17, 2000 in Vienna (Austria). The following issues were discussed at the Congress: strengthening the rule of law and strengthening the criminal justice system; international cooperation in the fight against transnational crime: new challenges in the 21st century; effective crime prevention: in step with the latest developments; Offenders and Victims: Responsibility and Justice in the Justice Process. The following topics were proposed for the seminars: the fight against corruption; crimes related to the use of computer networks; community involvement in crime prevention; women in the criminal justice system.

The XI Congress took place on April 18-25, 2005 in Bangkok (Thailand). Five main issues were discussed at the Congress: the effectiveness of measures to prevent organized crime; cooperation in the fight against terrorism and the connection of terrorism with other types of criminal activity; threats and trends of organized crime in the 21st century; economic and financial crimes; creation of new standards for the activities of law enforcement institutions in the fight against criminality. Six seminars worked within the framework of the Congress: international cooperation of law enforcement and law enforcement agencies to develop common mechanisms in the fight against crime, including extradition; legal reforms; strategies and best practics on crime prevention, in particular the prevention of child and juvenile delinquency; measures to prevent terrorism, with emphasis on the application of international conventions and protocols; measures to prevent computer crime; measures to prevent economic crimes, including money laundering.

The XII Congress worked in Salvador (Brazil) from 12 to 19 April 2010. The main theme of the Congress is "Comprehensive Strategies to Respond to Global Challenges: Crime Prevention and Criminal Justice Systems and Their Development in a Changing World". Within the framework of this theme, eight main issues were considered: 1) children, youth and crime; 2) provision of technical assistance to promote ratification and implementation international documents relating to the prevention and suppression of terrorism; 3) ensuring the effectiveness of the UN guidelines in the field of crime prevention; 4) criminal justice measures to combat smuggling of migrants and human trafficking as part of transnational organized crime; 5) international cooperation on money laundering Money on the basis of UN documents and other international acts; 6) trends in the use of scientific and technological achievements by offenders and competent authorities fighting crime, including in relation to cybercrime; 7) practical approaches to strengthening international cooperation in solving problems related to the fight against crime; 8) crime prevention and criminal justice measures to combat violence against migrants and their families.

The XIII Congress was held in Doha (Qatar) from 12 to 19 April 2015. It was attended for the first time by the UN Secretary General, the President of the General Assembly and the President of ECOSOC. Some 200 meetings were held covering a wide range of topics from the rule of law to smuggling of migrants and from wildlife crime to violence against women and children.

Other functional commissions of ECOSOC play a significant role in the fight against crime: the Commission for Social Development, the Commission on Population and Development, the Commission on Narcotic Drugs (CND), the Commission on the Status of Women, as well as the International Narcotics Control Board, whose competence includes control over compliance with the obligations of the states parties to the treaties in the field of combating the illicit production and distribution of drugs and their abuse.

The International Narcotics Control Board works closely with the United Nations Office on Drugs and Crime (UNODC). Management includes the United Nations Program for international control over drugs (UNDCP) and

Center for International Crime Prevention (CIPC). UNODC assists Member States in countering the threats posed by transnational organized crime, corruption and terrorism, as well as in preventing crime and strengthening criminal justice. Through its programs on drugs, UNODC provides leadership for all UN drug control activities. It helps to prevent events that could exacerbate the problem of drug production and smuggling and addiction; assists governments in establishing drug control structures and strategies; provides technical assistance in drug control; contributes to the implementation of agreements in this area and functions as a world center of expertise and data repository. Information about crime in various countries of the world is concentrated in the UNODC databases. The Office regularly publishes these data in the form of reports.

Increasing attention is paid to the fight against crime United Nations Security Council (SC). This is due, firstly, to the aggressive policy of states claiming world domination, and, secondly, to the increased danger of international terrorism.

Following the September 11, 2001 terrorist attacks in the United States, the UN Security Council unanimously adopted Resolution 1373 (2001), under which, inter alia, all states undertake to criminalize the financing of terrorism and the promotion of terrorist activities; not provide financial assistance and safe haven to terrorists and share information about groups planning terrorist attacks; exchange information with other governments regarding any groups that are committing or planning to commit terrorist acts; cooperate with other governments in investigating, locating, arresting, extraditing and prosecuting persons involved in such acts.

At the same time, to monitor the implementation of this resolution, a Counterterrorism Committee (CPC) composed of 15 members. While the Committee's ultimate goal is to enhance the ability of states to fight terrorism, its activities are not related to sanctions and it does not maintain a list of terrorist organizations or individuals.

In an effort to revitalize the work of the Committee, the Security Council adopted resolution 1535 (2004) in 2004 establishing the Counter-Terrorism Committee Executive Directorate (CTED) to provide the CTC with expert advice on all matters covered by resolution 1373. The CTED was also established to facilitate the receipt of technical assistance by countries and promote closer cooperation and coordination both among the organizations of the UN system and between regional and intergovernmental bodies.

The work of the CTC and CTED is carried out in a number of areas:

visiting countries - at their request, in order to monitor progress made and to assess the nature and level of technical assistance that a particular country may need to implement resolution 1373 (2001);

technical assistance - assisting countries in connecting to existing programs of technical, financial and regulatory assistance, as well as in establishing contacts with potential donors;

country reports - obtaining a complete picture of the counter-terrorism situation in each country and using the reports as a tool for dialogue between the Committee and Member States;

best practices- encouraging countries to apply known best practices, codes and standards, taking into account national conditions and needs;

special meetings - promoting closer links with international, regional and subregional organizations and avoiding duplication of work and waste of funds through better coordination of efforts.

The UN Security Council oversees the work of the Committee and reviews its structure, activities and program of work every three months.

On the basis of the Charter of the UN Security Council, it can take enforcement measures to maintain or restore international peace and security. Such measures can be very different: from economic sanctions to international military action.

The UN Security Council resorts to mandatory sanctions as a means of coercion when peace is threatened and when diplomatic efforts fail. Such sanctions were imposed on Angola, Afghanistan, Haiti, Democratic Republic Congo, Iraq, Democratic People's Republic of Korea, Côte d'Ivoire, Liberia, Lebanon, Libya, Rwanda, Somalia, Sudan, Sierra Leone, Eritrea and Ethiopia, the former Yugoslavia (including Kosovo), South Africa and Southern Rhodesia.

The arsenal of sanctions includes comprehensive economic and trade sanctions and/or more specific measures such as arms embargoes, entry or travel bans, financial or diplomatic restrictions. There is growing support for so-called deliberate sanctions, which aim to put pressure on regimes rather than people, thereby reducing humanitarian costs. For example, such sanctions may include the freezing of financial assets and the blocking of financial transactions of members of the political elites or entities whose actions were the root cause of the imposition of sanctions.

Currently, the UN Security Council has a Committee on Sanctions Against IGI (Daesh) and Al-Qaeda. The Committee, established in accordance with paragraph 6 of resolution 1267 (1999), monitors compliance by states with the sanctions imposed by the UN Security Council against individuals and legal entities members of the Taliban and Al-Qaeda or associated with them, and for this purpose maintains a list of individuals and entities. Resolutions 1267 (1999), 1333 (2000), 1390 (2002), 1455 (2003), 1526 (2004), 1617 (2005), 1735 (2006), 1822 (2008), 1904 (2009) and 1989 (2011) ), 2083 (2012), 2161 (2014) the UN Security Council required all States to freeze the assets of individuals and entities included in the specified list, prevent entry into or transit through their territory, or prevent the direct or indirect supply, sale or transfer of weapons and military equipment to such persons and organizations.

On December 20, 2005, the General Assembly and the UN Security Council at parallel meetings approved resolutions on the establishment of the UN Peacebuilding Commission. This new intergovernmental advisory body is called upon to assist in the reconstruction of states after the end of conflicts and to mobilize resources for this purpose.

The Commission has the following main objectives:

bring together all relevant parties to mobilize resources and make recommendations and proposals for comprehensive post-conflict peacebuilding and reconstruction strategies;

focus on the recovery and institution-building efforts required for post-conflict recovery and support the development of comprehensive strategies to lay the foundations for sustainable development;

provide guidance and information to improve coordination among all relevant parties within and outside the UN, develop best practices, help ensure predictable funding for early recovery activities, and ensure that the international community continues to pay attention during post-conflict reconstruction .

A significant contribution to crime prevention is made by the work of the Human Rights Council of the UN General Assembly, established in 2006 to replace the Commission of the same name, whose reputation has been undermined by politicization and selectivity. We should also mention the Committee on the Elimination of Racial Discrimination, the Committee on the Rights of the Child of the UN General Assembly, whose activities are also of great anti-criminogenic importance.

Within the framework of their competence, some specialized agencies UN system: International Civil Aviation Organization (ICAO), World Organization(WHO), International Maritime Organization (IMO), United Nations Educational, Scientific and Cultural Organization (UNESCO), International Atomic Energy Agency (IAEA), International Labor Organization (ILO), International Organization for Migration (IOM), Food and Agriculture Organization of the United Nations (FAO), Universal Postal Union (UPU).

Thus, the ILO participates in the social protection of workers through the adoption of international labor standards in the form of conventions and recommendations, supported by a unique system of control over their observance. IOM considers it a priority to combat human trafficking, including women and children, for the purpose of sexual exploitation.

UN institutions for the prevention of crime and the treatment of offenders include the UN Interregional Crime and Justice Research Institute (UNCRI) in Rome and regional institutions: the UN Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) in Fuchu (Japan). ); Latin American Institute for the Prevention of Crime and the Treatment of Offenders (ILANUD) in San José (Costa Rica); European Institute for Crime Prevention and Control associated with the United Nations (HEUNI); United Nations African Institute for the Prevention of Crime and the Treatment of Offenders (UNAFRI) in Kampala (Uganda), Australian Institute of Criminology, International supreme institute Criminological Research, Arab University of Security Sciences. Prince Naif, International Center for Crime Prevention, Institute for Security Studies and Korea Institute of Criminology. These institutions, which make up the network for the implementation of the UN Crime Prevention and Criminal Justice Program, serve as a link between the UN and states in various regions, develop interregional, regional and subregional cooperation in order to promote the implementation of UN policy in this area.

In Russia, such UN organizations as the Office of the United Nations High Commissioner for Refugees (UNHCR), the Office of the United Nations High Commissioner for Human Rights (OHCHR), the United Nations Office on Drugs and Crime (UNODC), United Nations Children's Fund (UNICEF).

Active subjects of international cooperation in the field of combating crime are such intergovernmental organizations as the International Financial Action Task Force (FATF), the Asia-Pacific Group on Money Laundering, the International Criminal Police Organization ( Interpol), International Organization for Migration (IOM), International Federation of Red Cross and Red Crescent Societies, Customs Cooperation Council (World Customs Organization).

The FATF was established in accordance with the decision of the G7 summit in Paris in 1989. Now it includes 31 states and two international organizations - the Cooperation Council of Arab States Persian Gulf and the European Commission. Since 2004, the FATF has been working on behalf of Russian Federation takes part federal Service on financial monitoring (Rosfinmonitoring). The activities of the FATF have received support from a number of influential international organizations. Among them are the International Monetary Fund, the World Bank, the Organization for Economic Cooperation and Development (OECD).

In 2003, the FATF developed and is actively implementing 40 new recommendations. Their main feature is that they are addressed to financial institutions, as well as business sectors and professions in the non-financial sphere, and further strengthen measures aimed at combating money laundering. Special recommendations have also been developed to combat the financing of terrorism. These documents are recognized as international standards on combating money laundering and the financing of terrorism. The FATF maintains a "black list" of countries and territories that do not pay due attention to the fight against money laundering.

International Criminal Police Organization (ICPO) established on September 7, 1923 in Vienna by the International Criminal Police Congress. Its current Charter was signed in 1956. Since that time, the name Interpol has been assigned to it.

The structure of Interpol consists of General Assembly, where all member states of Interpol are represented (this is the highest representative body); Executive Committee, consisting of 13 members and headed by a president who is elected by the General Assembly for a term of four years; General Secretariat, headed by the Secretary General, who is elected by the General Assembly on the proposal of the Executive Committee for a term of five years; advisers(experts) appointed by the General Secretariat and approved by the General Assembly.

The General Secretariat is an administrative and technical body where all operational and reference Information. It consists of the Cabinet (Directorate), the Interpol Special Representation to the UN, the Official Relations Division, the Administration and Finance Division, the Information Systems and Technology Division, and the Police Services Executive Directorate. The structure of the executive directorate of police services includes four departments: services and development of the national central bureaus (NCBs) of Interpol 1-24/7 (working 24 hours, seven days a week); support for operational police activities; certain types of crime and analysis; remote control and coordination systems.

The 1-24/7 global police communications system was created in 2003 as a response to the activity of developing crime. Using this system, Interpol NCBs are able to quickly respond to changes in the criminal situation, receive and report information necessary to solve crimes, search for criminals, etc.

Interpol keeps track of:

stolen and lost documents;

installation data about criminals, their photographs;

wanted terrorists;

child pornography;

stolen works of art;

stolen vehicles;

fingerprints;

search cards.

The Operative Measures Support Department of the Police identifies the following priority areas in its activities: the search for hidden criminals; protecting public safety and combating terrorism; combating drug trafficking, organized crime, corruption and human trafficking; combating financial crime and high-tech crime.

Interpol implements a number of training programs for police officers of participating countries.

The headquarters of Interpol is located in Lyon (France).

In 2014, INTERPOL is launching the Global Innovation Complex in Singapore, which will serve as a hub for bringing advanced technologies to the work of the International Criminal Police in Asia. The complex will complete the creation of the "Interpol triangle": Lyon (Europe), Buenos Aires (South America), Singapore (Southeast Asia), uniting the efforts of three continents in the fight against crime.

The working bodies of Interpol are the NCBs formed in all the member states of Interpol, which act as a kind of link between the states and the headquarters of Interpol.

The NCB of Interpol in Russia appeared as the successor of the NCB of Interpol in the USSR after its collapse. The USSR was accepted as a member of Interpol on September 27, 1990 at the 59th session of the UN General Assembly.

The NCB of Interpol in Russia initially functioned within the framework of the Russian Ministry of Internal Affairs. However, in terms of its status and powers, the NCB of Interpol claimed a role that went beyond the scope of the service of the Ministry of Internal Affairs. On October 14, 1996, Decree of the Government of the Russian Federation No. 1190 was signed, which approved the Regulations on the National Central Bureau of Interpol in Russia. By Decree of the President of the Russian Federation of July 30, 1996 No. 1113, it was established that the Russian Bureau, a structural subdivision of the Ministry of Internal Affairs of Russia, is a body for cooperation between the subdivision not only of the Ministry of Internal Affairs of Russia, but also of other law enforcement and state bodies of the Russian Federation with law enforcement agencies foreign states- members of Interpol and the General Secretariat of Interpol.

The legal competence of the NCB of Interpol is limited to the sphere of combating ordinary crimes, it does not affect crimes of a political, military, religious or racial nature.

The main tasks of the NCB of Interpol are:

ensuring effective international exchange of information on criminal offences;

assistance in fulfilling the requests of international law enforcement organizations and law enforcement agencies of foreign states in accordance with international treaties of the Russian Federation:

monitoring the implementation of international treaties on combating crime, to which the Russian Federation is a party.

The Regulation specifies the functions of the NCB of Interpol, which can be classified by content:

for executive (receiving, processing and sending requests, investigative orders and messages from Russia to the General Secretariat of Interpol and the relevant bodies of foreign states and to Russia - to search for, arrest and extradite persons who have committed crimes, as well as to search for and arrest those displaced for the border of proceeds from criminal activity, stolen items and documents, carrying out other operational-search activities and procedural actions in criminal cases);

expert (determining whether, according to the Charter of Interpol and the binding decisions of the General Assembly of Interpol, federal laws and international treaties of the Russian Federation, requests received from the NCB of Interpol of foreign states are subject to execution in Russia);

controlling (analysis of the practice of execution by law enforcement agencies and other state bodies of the Russian Federation of requests from international law enforcement organizations, law enforcement agencies of foreign states - members of Interpol, informing the heads of relevant law enforcement and other state bodies of the Russian Federation about violations of the established procedure for fulfilling these requests);

information and analytical (study foreign experience the fight against crime, the development of proposals for its use in the activities of law enforcement and other state bodies of the Russian Federation); compiling in the prescribed form and sending to the General Secretariat of Interpol information on the state of crime (including its structure), on persons belonging to organized criminal groups, as well as on persons who have committed crimes related to terrorism, illicit trafficking in narcotic drugs and psychotropic substances , production and sale of counterfeit money, infringement of historical and cultural values ​​and other crimes, which, in accordance with the binding decisions of the Interpol General Assembly, are subject to inclusion in international criminal statistics;

coordinating (development and submission for approval by the Ministry of Internal Affairs of Russia of a procedure agreed with law enforcement and other state bodies of the Russian Federation for interaction with international law enforcement organizations, law enforcement agencies of foreign member states

Interpol and the Interpol General Secretariat for Combating Crime);

norm-setting (participation, on behalf of the Ministry of Internal Affairs of Russia, in the development of international treaties of the Russian Federation, federal laws and other regulatory legal acts on combating crime);

conspiratorial (ensuring compliance with the established procedure for handling confidential information contained in international requests, investigative orders and messages, taking measures to exclude the possibility of unauthorized transfer of this information to legal and individuals for which it is not intended);

advisory (providing the necessary advisory and methodological assistance to law enforcement and other government bodies Russia on international cooperation in the field of combating crime within the framework of Interpol);

reference (formation of a data bank on persons, organizations, events, objects and documents related to crimes of an international nature).

As you can see, the NCB of Interpol is called upon to perform a large and important work in the field of international cooperation in the fight against crime.

The NCB of Interpol in Russia has the following structure: leadership:

department of analytical intelligence,

organizational department,

personnel and secretariat;

Department international wanted list:

department of common crime,

Organized Crime, Narcotics, Weapons, Antiques and Art, Economic and Financial Crime, Motor Vehicle Crime;

department of operational information and technical development: department of operational information processing, department of operational accounting, department of technical development.

Branches of the National Central Bank of Interpol have been established in the subjects of the Russian Federation.

By a joint order of October 6, 2006, the Ministry of Internal Affairs of Russia No. 786, the Ministry of Justice of Russia No. 310, the Federal Security Service of Russia No. 470, the Federal Security Service of Russia No. 454, the Federal Drug Control Service of Russia No. 333, the Federal Customs Service of Russia No. 971 approved Instructions for organizing information support for cooperation through Interpol. It regulates the organization of information support for cooperation between the prosecution authorities of the Russian Federation, the internal affairs bodies of the Russian Federation, the bodies of the Federal Security Service of Russia, the bodies of the Federal Security Service of Russia, the bodies for controlling the circulation of narcotic drugs and psychotropic substances, the bodies of the Federal Customs Service of Russia, the bodies of the State Fire Service, the bodies of the FSSP of Russia with law enforcement agencies of foreign States - members of the International Criminal Police Organization - Interpol and the General Secretariat of Interpol.

The Instruction defines the procedure for sending requests, messages, investigative orders and responses through Interpol, the organization of their processing and execution, as well as information support for cooperation in the fight:

with organized crime and terrorism; economic crimes and counterfeiting; crimes related to motor vehicles;

encroachments on objects of cultural value; crime in the field of illicit trafficking in narcotic drugs, psychotropic and potent substances;

trafficking firearms, ammunition, explosive devices and explosives;

crimes in the field of high technologies; forgery crimes. The instruction establishes the procedure for identifying and verifying persons according to the records of the General Secretariat and national records of foreign states, the Interpol NCB data bank, as well as information support for the international search for accused, convicted and missing persons, to identify citizens by unidentified corpses, as well as the identity of patients and children who, due to their state of health or age, cannot provide information about themselves.

The Instruction defines the features of information interaction through Interpol with law enforcement agencies of foreign states in the production of criminal proceedings to detect and investigate crimes, arrest and extradite wanted accused, convicted.

Through the channels of Interpol, a search is carried out for persons accused of committing especially grave and grave crimes, as well as crimes of medium gravity.

To increase the effectiveness of the search by Interpol, special notices are issued: with a "red corner" - for persons subject to arrest and extradition to the initiating country; with a "blue corner" - for persons wanted, but not subject to extradition at the time of issuing the notice; with a "yellow corner" - on missing persons. In addition, Interpol issues a number of other notices: with a "green corner" - information of a proactive nature to persons prone to illegal activities; with a "black corner" - information on unidentified corpses; with an "orange corner" - information on legal entities and other organizations allegedly involved in terrorist activities, as well as on identified explosives and other devices that can be used to carry out terrorist attacks.

The foundations for organizing information work in the branches of the NCB of Interpol in the constituent entities of the Russian Federation have been established.

The NCB of Interpol in Russia maintains working contacts with Europol.

Europol - police service of the European Union. The main tasks of the service are to coordinate the work of national services in the fight against international organized crime and to improve the exchange of information between national police services. Among the main areas of Europol's work are the fight against terrorism, illegal arms trade, drug trafficking, pedophilia and money laundering. Since 1994, this service has existed as a unit for combating drug trafficking. In 1998, all EU member states ratified the Europol Convention, and in 1999 the European police began to work fully.

By the decision of the Council of the European Union of April 6, 2009 “On the establishment of a European police agency”, Europol was re-created. This decision de jure and de facto acts as document re-establishing the European Police Authority. In connection with the abolition of the 1995 Convention, the “old” Europol created on its basis ceases to exist. In its place, a “new” Europol is being created, which is fully integrated into the organizational mechanism of the European Union and should no longer be financed by contributions from Member States, but directly from the general budget of the EU. The "new" Europol acquires a number of additional capabilities and powers that its predecessor did not have, in particular powers in relation to crimes that are not necessarily committed within the framework of a criminal organization. The "new" Europol stands legal successor"old" Europol, including in relation to the international agreements concluded by the latter.

Europol performs the following criminological functions:

collection, storage, processing, analysis of information and information, exchange of information and information;

providing Member States with intelligence and analysis assistance when major international events take place;

identification of criminal threats, preparation of strategic analyzes and general reports;

training of personnel of competent authorities in methods of crime prevention;

development of methods of a scientific nature in the field of combating crime.

The competence of Europol according to the decision of April 6, 2009 includes serious forms of crime: drug trafficking;

illegal money laundering activities; crime related to nuclear and radioactive materials;

providing channels for illegal immigration; human trafficking;

crime related to the sale of stolen vehicles;

premeditated murder, grievous bodily harm; illegal trade in human organs and tissues; kidnapping, unlawful imprisonment and hostage-taking;

racism and xenophobia; organized theft;

illegal trade in cultural property, including antiques and works of art; fraud and circumvention of the law for personal gain; racketeering and extortion of money; production of counterfeit and pirated products; falsification of administrative documents and sale of forged documents;

counterfeiting, counterfeit means of payment;

computer crime;

corruption;

illegal trade in weapons, ammunition and explosives;

illegal trade in endangered species;

illegal trade in endangered plant species and breeds;

crime that damages the environment; illegal trade in hormonal substances and other growth factors.

Lmeripol(Ameripol) - short for the American Police Community (Police Community of the Americas (English) - PCA; Comunidad de Policias de America (Spanish) - CPA), created in 2007 by the continental police international organization, whose goal is to provide international police cooperation in the fight against transnational organized crime in the North and South America. The tasks of Ameri-Pol are: ensuring public safety, combating terrorism, drug trafficking, human trafficking, arms trafficking, money laundering, child pornography, corruption, Internet crime.

The organizational structure of this organization: the Council of leaders, chiefs, chiefs and representatives of police agencies and (or) equivalent institutions of America; Chairman; Executive Secretariat; coordination departments; national departments. The structure of Ameripol includes the following coordination departments: scientific and technical, intelligence, investigations and assistance in the field of criminal justice, training and education. The National Department is a permanent body established by each Ameripol member country for the purpose of implementing treaties and agreements.

The organization operates on the basis of the Charter, according to which any police public service America can get membership. The status of participant-observer is open to the police services of any state. This status have, in particular, the financial guards and carabinieri of Italy.

Russia has no direct contact with Ameripol, but is connected with it only indirectly: through Interpol and Europol.

ASEANOPOL - Association of Chiefs of Police of the States of the Pacific Region - dates back to 1981 - from a meeting of police chiefs in Manila (Philippines). Such meetings-conferences devoted to the problems of crime control and the activities of law enforcement agencies were held annually. In 2005, at a conference in Bali (Indonesia), a permanent body was created - the Secretariat, designed to ensure the development of mechanisms for coordinating interstate police efforts to counter terrorism and transnational organized crime, monitoring the harmonization and standardization of police procedures, and the implementation of interstate recommendations in the activities of national police agencies . The secretariat is headed by an executive director who reports to two directors responsible for: 1) the operation of the police services and 2) planning and program development. The current members of ASEANOPOL are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam.

In February 2007, Russia became member of the Group of States against Corruption (GRECO). GRECO was established in 1999 to implement international legal instruments in the field of combating corruption developed by the Council of Europe. The most important of these documents are the Council of Europe Criminal Law Conventions on Corruption (1999) and Civil Law Conventions on Corruption (1999). GRECO helps to identify shortcomings in national anti-corruption policies and motivates governments to undertake the necessary legislative, institutional and practical reforms. It also organizes the exchange of best practices in the field of preventing and detecting corruption. To achieve these goals, GRECO monitors the policies pursued by the participating countries in the field of combating corruption, during which an assessment is made of their compliance with the anti-corruption standards of the Council of Europe and recommendations are made to eliminate the identified shortcomings.

GRECO's work is divided into thematic cycles or so-called evaluation rounds. Within each of them, a certain block of questions is investigated. The subject of the analysis of the first round of assessment are various aspects of the activities of the country's specialized bodies involved in the prevention and suppression of corruption (independence of these bodies, their competence, sufficiency of resource and other support, efficiency of work), as well as questions of the validity and scope of granting certain categories of officials immunities from criminal persecution. As part of the second round, the features of national legislation and law enforcement practice are assessed on the identification, seizure and confiscation of income and other property received from corruption, the prevention of corruption in the system government controlled, liability of legal entities for corruption crimes committed in their interests. The third round is devoted to the issues of the criminal law policy of the state (peculiarities of criminalization in the national criminal legislation of specific types of corruption manifestations) and transparency in the financing of political parties.

GRECO strongly recommends that member states have in their national legislation a full-fledged property confiscation institution (among other things, including confiscation of property): Tax confiscation allows the seizure of the property of a person convicted of corruption offenses when its size clearly does not correspond to the legal sources of income of this person and there are reasonable suspicions that that it was acquired by criminal means, in particular through corruption. The introduction of such a legal institution involves shifting the burden of proving the legality of the origin of property to the person concerned. Confiscation of taxes is also applied in cases where a person cannot be prosecuted for one reason or another (death of a suspect or accused, his evasion from criminal prosecution, etc.) or when criminal prosecution terminated on non-rehabilitating grounds, but there is evidence that the property of such a person was acquired as a result of acts of corruption.

By decision of the President of the Russian Federation, interaction with GRECO is entrusted to the Prosecutor General's Office of the Russian Federation.

Egmont Group - an international association of financial intelligence units. It is aimed at countering the laundering of "dirty" money and the financing of terrorism. The secretariat of the organization is located in Toronto (Canada). The group pays great attention information technology. Russia is represented in the group by Rosfinmonitoring (since 2002).

In international cooperation in the fight against crime, non-governmental organizations take a prominent part, which include the Asian Crime Prevention Foundation, the Asian Forum for Human Rights and Development, the American Correctional Association, the American Society of Criminology, the Salvation Army, the Drug Control Association, the Muslim World League, World Federation of United Nations Associations, Howard League for Prison Reform, Inter-American Bar Association, International Association Anti-Drug Abuse and Illicit Trafficking Association International Prisoners Aid International Association of Prosecutors International Soroptimist Association (whose members fight for human rights around the world) International Prison and Correctional Association International Criminal Law Association International Commission of Catholic Priests Pastoral Services for Prisoners, International League for Human Rights, International Federation of Traders real estate, International Federation of Non-Governmental Organizations for the Prevention of the Abuse of Drugs and Psychotropic Substances, International Fellowship of Christian Mercy for Prisoners, International Bureau for Children's Rights, Defense for Children International, International Society of Criminology, International Society for Traumatic Stress Research, International Society for Social Protection and Humane Criminal Policy, International Council of Women, International ECPAT Foundation (a network of organizations dedicated to ending child prostitution, child pornography and the sale of children for sexual purposes), Interfaith and international federation for World Peace, Human Rights Defenders, Amnesty International, Penal Reform International, Transparency International, World Society of Victimology, World Anti-Crime and Anti-Terrorism Forum (WAAF).

It should be borne in mind that some international organizations created to combat crime actually legalize a hostile policy towards certain states.

Thus, the UN Security Council established the International Tribunal for prosecution persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991. The Tribunal has demonstrated tendentiousness and acted on the basis of a policy of "double standards". The Prosecutor of the Tribunal tried to shift all responsibility for war crimes committed in the territory of the former Yugoslavia onto the Serbs, although Croats and Bosnian Muslims are equally involved in the crimes. At the same time, the prosecutor stubbornly refused to see in the actions of the leaders of the United States and other NATO countries, who unleashed an aggressive war against Yugoslavia (March-June 1999), elements of war crimes, although the jurisdiction of the Tribunal extends to this conflict. Meanwhile, NATO, with the help of aviation, destroyed objects on the territory of Yugoslavia protected by international law: hydroelectric power plants, chemical plants, oil refineries and oil storage facilities, systems drinking water population and sewerage systems, creating a threat of epidemics among the civilian population, civilian facilities and houses of civilians, radio and telecommunications.

Undoubtedly, the case of former Yugoslav President S. Milosevic, accused of committing war crimes in the course of armed conflicts in the territory of the former Yugoslavia (in Croatia, Bosnia and Herzegovina, and Kosovo), undoubtedly occupied a central place in the activities of the Tribunal. S. Milosevic refuted the testimony of virtually every witness for the prosecution. In the current situation, the death of S. Milosevic was in the interests of the prosecutor.

In December 2005, S. Milosevic, strictly in accordance with the Rules of Procedure and Evidence (Rule 65), asked the judges to give him the opportunity to travel to Moscow for examination and treatment at the Scientific Center for Cardiovascular Surgery named after

A. N. Bakulev for the period of winter holidays in the work of the Tribunal. The Russian Foreign Ministry provided the Tribunal with guarantees for the return of the accused, but on February 22, 2006, S. Milosevic was denied his request. He died in prison. Characteristically, seven more Serbs died at different times in the prison of the Hague Tribunal.

A certain concern is caused by the activities of those non-governmental organizations that create centers of separatism, carry out hostile propaganda against the host state, and participate in the financing of terrorism and extremism. Such activities require an immediate legal response.

The United Nations Organization, the European Union, by virtue of their status in relation to the fight against crime, mainly solve problems of a global, strategic nature. More specific tasks are solved by regional international organizations. These are the Organization of American States, the Arab League, the Association of Southeast Asian Nations, the Organization of African Unity, the Black Sea Economic Cooperation, the Shanghai Cooperation Organization, the Commonwealth of Independent States and a number of others.

Shanghai Cooperation Organization (SCO) founded in 2001 by the leaders of China, Russia, Kazakhstan, Tajikistan, Kyrgyzstan and Uzbekistan. The main tasks of the organization are the strengthening of stability and security in a wide area that unites the participating states, the fight against terrorism, separatism, extremism, drug trafficking, the development of economic cooperation, energy partnership, scientific and cultural interaction. The SCO structure has a regional anti-terrorist structure (RATS) - a permanent body of the SCO headquartered in Tashkent (Uzbekistan), designed to promote coordination and interaction between the competent authorities of the parties in the fight against terrorism, extremism and separatism. The main functions of this body are to coordinate the efforts of all SCO member states in the fight against terrorism, separatism and extremism: develop proposals for combating terrorism, collect and analyze information, form a database of individuals and organizations that provide support to criminals, assist in the preparation and carrying out operational-search and other measures to combat these phenomena, maintaining contacts with international organizations. The organization shows its effectiveness. In just one year, more than 450 terrorist attacks were prevented as a result of the activities of the RATS on the territory of the SCO.

Of particular importance is international interaction and cooperation in the fight against crime within the framework of the CIS.

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

2. The main areas of international cooperation between states.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Convention on Narcotic Substances 1961;

Convention on Psychotropic Substances 1971;

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

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

International Convention Against the Taking of Hostages, 1979;

Convention on the Physical Protection of Nuclear Material 1980;

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

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

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

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

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

c) establishing jurisdiction over crimes and criminals;

d) ensuring the inevitability of punishment;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The introduction of a unified European order was provided for by the Framework Decision of the Council of the European Union “On the European Arrest Warrant and Procedures for the Transfer of Persons between Member States”, adopted on June 3, 2002 as a result of work carried out following the results of the Extraordinary Summit of the European Union in Tampere (Finland) 15 - October 16, 1999, which adopted the concept of mutual recognition of judicial decisions by the Member States of the European Union.

A European Arrest Warrant is one issued by a member state of the European Union judgment, for the purpose of apprehending and handing over by another Member State of a wanted person for criminal prosecution or for the execution of a penalty or security measure involving deprivation of liberty.

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

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

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

If the location of the “wanted person” is unknown, then the Schengen information system as well as Interpol. Subsequently, the “wanted person” is subject to transfer to the judicial authority that issued the warrant for him.

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

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