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Lecture notes, cheat sheets
Криминология. Международное сотрудничество в борьбе с преступностью (конспект лекций)
Directory / Lecture notes, cheat sheets Table of contents (expand) Topic 19. International cooperation in the fight against crime Crime in the modern scientific view is a complex social phenomenon with signs of systemicity, which is the result of the interaction of many negative economic, social, psychological, legal and other factors. The qualitative and quantitative characteristics of crime reveal its state, structure and dynamics, allow us to judge its size, the degree of criminalization of society, serve as the basis for developing a strategy and tactics for preventing crime, choosing means and methods to combat it. The level and growth rate of crime, especially its most dangerous types, can serve as indicators of the sustainability of the development of the state and society. The complexity of the fight against crime is determined by a number of circumstances. First of all, this is due to the fact that its causes are both national and regional and international. Therefore, the development of strategic directions for combating such a negative phenomenon as crime should be based primarily on an analysis of the causes of an internal nature. At the same time, it is impossible not to take into account the reasons of the regional and international level. At the national level, the state of crime, its dynamics is influenced by a number of factors that characterize the socio-economic, political, spiritual development of the state and society (including the state of the moral and cultural, legal spheres, etc.). In turn, crime, the nature and degree of criminalization and victimization of society have a serious impact on its sustainable development, including in these areas. Therefore, the sustainable development strategy involves the development of a set of measures aimed at ensuring comprehensive control over crime in order to minimize the degree of its negative impact on the development of the state and society in the new socio-economic conditions. As recognized by the international community, crime is increasingly becoming transnational. This applies primarily to such types of it as economic and organized crime, legalization of criminal proceeds, drug trafficking, illegal circulation of weapons and a number of others. In order to coordinate the efforts of states, the international community has developed standards and norms, both universal (at the UN level) and regional (at the level of the Council of Europe). In addition, within the framework of the UN, treaties have been developed and concluded to combat international crimes (military, apartheid, genocide, etc.). These documents are of great importance for the development and implementation of the sustainable development strategy of the Russian Federation. Therefore, on the one hand, they should be the subject of consideration by the relevant branches of government in terms of developing attitudes towards them (by ratification, accession), and on the other hand, the relevant provisions of these documents should be taken into account in national legislation, developed concepts and crime prevention programs. At the international level, it is necessary to intensify the activities of the state and its bodies in the field of combating crime, including the need to resolve such issues as: ▪ accession to the main international treaties in the field of crime control and criminal justice; ▪ inclusion of the main provisions of international treaties into current national legislation; ▪ implementation of close cooperation with relevant UN structures in the field of combating crime (ECOSOC, UN Development Program, UN Crime Prevention and Criminal Justice Program, UN International Drug Control Program, UN research institutes for crime prevention, etc.), intergovernmental and non-governmental organizations, bringing information about such cooperation to the general public; ▪ ensuring active cooperation in the field of combating crime and some of its most dangerous types at the interdepartmental level; ▪ ensuring solutions to issues of technical cooperation, especially in the information sphere and in the field of information technologies used in the fight against crime; ▪ more active involvement of experts from the UN and the Council of Europe to develop specific programs to combat crime and its individual types (in particular, to develop a model of the penitentiary system, as well as a system for executing other punishments not related to the isolation of the criminal from society, and programs for the resocialization of such persons ); ▪ organizational and financial support for the implementation of the Interstate Program of Joint Measures to Combat Organized Crime and other types of dangerous crimes on the territory of the member states of the Commonwealth of Independent States. In recent years, in connection with the acceleration of integration processes in the world, the mutual simplification of the procedure for entry and exit, international cooperation in the fight against crime has significantly intensified. The deepening of international cooperation in this area is also explained by the fact that the problem of international crime is becoming more and more global. An increase in crime is observed in almost all developed countries. There is a process of internationalization of crime, when the number of criminal manifestations of an international nature (for example, the commission of crimes on the territory of other states, the transfer of proceeds from crime abroad) increases. Danger for the international community is also illicit trafficking in drugs, cultural property, weapons, radioactive materials, illegal migration of people. According to available information, out of 3 criminal groups operating on the territory of the Russian Federation, every tenth has links with the foreign criminal environment. The fight against such types of crimes can be effective only with the unity of actions of the law enforcement agencies of most states, the development of a common legal mechanism that allows real implementation of the principles of international cooperation in combating crime, maintaining law and order, protecting the rights and legitimate interests of citizens. These problems are especially important for Russia in its relations with other states that were formerly part of the Soviet Union. The rupture of the single legal space that existed on the territory of the former USSR had an extremely negative impact on the effectiveness of the actions of law enforcement agencies. Thus, criminals who have committed crimes on the territory of the former Soviet republics, using the "transparency" of borders, are hiding from justice on the territory of another member state of the Commonwealth, while law enforcement officers, guided by the principles of respect for state sovereignty and independence of the CIS countries, in relations with their colleagues act on the basis of the principles of international law, comply with the established norms and rules on the territory of another state. Under these conditions, the Ministry of Internal Affairs of Russia is taking vigorous steps to strengthen the coordination and interaction of the internal affairs bodies of the sovereign republics. Even before the collapse of the USSR, cooperation agreements were concluded with the Ministry of Internal Affairs of Belarus (1990), Armenia and Moldova (1991). In 1992, agreements were signed with the Ministry of Internal Affairs of Ukraine, the Kyrgyz Republic, Turkmenistan, in 1993 - with the Ministry of Internal Affairs of Kazakhstan. A new advisory body has been established - the Conference of the Ministers of the Interior of Independent States, in which the heads of the internal affairs bodies of almost all the republics that were part of the USSR take part. It was at such Meetings that multilateral, fundamentally important documents were adopted: agreements on cooperation between the ministries of internal affairs of independent states in the fight against crime, on cooperation in the field of providing material and technical means and special equipment, on the exchange of information, on cooperation in the fight against illicit drug trafficking. drugs and psychotropic substances. The most important step towards the creation of a common legal space was the signing on January 22, 1993 in Minsk by the heads of the CIS member states of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters. Today, the signed documents need to be filled with specific practical content, to ensure the efficient operation of the 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; ▪ fight against 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 Interior Ministry 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. Currently, a lot has already been done to integrate Russia into the global process of fighting crime. The Interpol National Bureau is actively working, which promptly exchanges information with more than 80 states. There are many examples of the high effectiveness of international cooperation in conducting operational investigative 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). Notes
Authors: Vasilchikova N.V., Kukharuk V.V. << Back: Criminological characteristics of crimes against public health and public morality (The concept and types of crimes against public health and public morality. The state of crime associated with an attack on public health. Criminological characteristics of the personality of a criminal operating in the field of drug trafficking. Factor complex of crime in the field of drug trafficking. Measures to prevent drug trafficking)
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