International cooperation in the fight against crime. International cooperation to combat crime

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

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

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

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

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

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

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

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

Cm.: Baboi A. A., Koltashov A. I. Law of international organizations and cooperation of states in the fight against crime: textbook.-method. allowance. M., 2008. S. 130.

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

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

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

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

General Assembly;

Security Council;

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

Economic and Social Council;

International Court.

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

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

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

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

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

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

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

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

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

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

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

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

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

International Association of Criminal Law (IAUP);

International Criminological Society (ISC);

International Society social protection (MOSP);

International Sociological Association (ISA);

International Criminal and Penitentiary Fund (ICPF).

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

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

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

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

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

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

Parliamentary Assembly;

Committee of Ministers;

European Committee for Legal Cooperation (PACE);

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

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

having consultative status.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When solving the problems of scientific and practical adequacy of types of crimes and international methods and systems of countering them, the following should be taken into account:

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

International and international legal methods and methods of combating crime play an auxiliary, but increasingly growing role and are increasingly systemic in nature.

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

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

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

international criminal offenses - crimes against peace, war crimes and crimes against humanity;
national (intrastate) crimes according to the criminal legislation of the state;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

These main areas are as follows:

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

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

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

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

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

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

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

In the period after the Second World War, the number of intergovernmental and non-governmental international organizations rapidly increased, among which the United Nations, established in 1945, rightfully occupied a central place.

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

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

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

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

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

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

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

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

The USSR, then the Russian Federation, take an active position in the development of the scientific and information direction of international cooperation. Soviet and Russian delegations took part in the work of the 2nd - 12th UN Congresses on the Prevention of Crime and the Treatment of Offenders, in various international meetings and symposiums dedicated to the exchange of experience.

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

After the demise of the USSR, the scientific and information direction developed within the framework of the CIS and the Russia-Belarus Union. An important direction in the activities of states within the framework of the CIS to control and combat terrorism is the harmonization of national legislation in this area.

If earlier the provision of such assistance took place on a bilateral basis and sporadically, then since the late 1940s it has also been carried out through the system of UN bodies and at the regional level. This direction is closely connected with the scientific and informational direction of international cooperation and the activities of the UN in the fight against criminality.

The main types of vocational assistance in the fight against crime are the provision of fellowships, the dispatch of experts and the organization or facilitation of seminars.

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

Since the mid-1960s, in connection with changes in the quantitative and geographical representation of the UN member states, scholarships, as a rule, began to be provided to specialists from countries liberated from colonial dependence. However, the problem of effective use of the experience gained here arose, because the level of combating crime and the possibilities for this in the host country of the fellow and the country that sent him, as a rule, differed sharply. Later, this problem was relatively solved by the creation of regional UN institutions for the training of specialists from among the recipients of scholarships.

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

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

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

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

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

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

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

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

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

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

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

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

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

The general trend towards expanding international cooperation in this area is connected with the concern of the peoples about the existence of crime, which hinders their socio-economic and cultural development. Each state is more or less exposed to criminality and transnational crimes and therefore seeks (albeit with varying degrees of interest) to learn from the experience of combating them in other states, as well as to transfer their experience to them. This is the basis for the further development of international cooperation in the fight against crime.

UN bodies involved in combating crime

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

The UN Congress on Crime Prevention and Criminal Justice is a specialized UN conference convened once every five years. The Congress is a forum for the exchange of practical guidelines and the promotion of national and international counteraction to crime.

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

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

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

A total of 12 congresses took place. The last one was held in Salvador (Brazil) on April 12 - 19, 2010. In accordance with the decision taken by the UN General Assembly, the main theme of the 12th Congress was: "Integrated Strategies to Respond to Global Challenges: Crime Prevention and Criminal Justice Systems and their development in a changing world".

The agenda of the 12th Congress included eight main issues:

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

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

International Criminal Justice Education in Support of the Rule of Law.
An overview of UN best practices and other best practices in the treatment of prisoners within the criminal justice system.
Practical approaches to crime prevention in cities.
Links between drug trafficking and other forms of organized crime: a coordinated international response.
Strategies and best practices for crime prevention in prisons.

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

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

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

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

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

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

preparing UN congresses on the prevention of crime and the treatment of offenders to consider and promote the implementation of more effective methods and ways to prevent crime and improve the treatment of offenders;
preparation and submission for approval by the competent UN bodies and congresses of programs of international cooperation in the field of crime prevention, carried out on the basis of the principles of sovereign equality of states and non-interference in internal affairs, and other proposals related to the prevention of offenses;
assisting ECOSOC in coordinating the activities of UN bodies on issues related to the fight against crime and the treatment of offenders, as well as the development and presentation of conclusions and recommendations to the Secretary-General and relevant UN bodies;
facilitating the exchange of experience gained by states in the field of combating crime and the treatment of offenders;
discussion of the most important professional issues that form the basis for international cooperation in the field of combating crime, in particular issues related to the prevention and reduction of crime.

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

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

Other UN bodies involved in combating crime, in addition to the Congress and the Commission, informing the UN about the state of combating crime in their countries (legislation and projects), include: the Institute (network) of national correspondents, the United Nations Social Security Research Institute (UNSDRI ), the Regional Institutes for Social Development and Humanitarian Affairs with the Vienna Office for the Prevention of Crime and the Treatment of Offenders, and the UN Vienna Center for Crime Prevention and Criminal Justice, which also has an Office for the Prevention of Terrorism.

Interpol - International Criminal Police Organization

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

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

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

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

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

The General Assembly meets in its sessions annually. Decisions are made by a simple majority of votes, with the exception of those for which, according to the Charter, a majority of 2/3 votes is required (election of the President of Interpol, amendments to the Charter, etc.).

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

Interpol's permanent services are the General Secretariat and the Secretary General.

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

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

The main tasks of the NCB are:

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

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

Advisers are selected from among persons of international renown in the field of interest to the Organization. An adviser may be removed from office by decision of the General Assembly.

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

International counter-terrorism cooperation between states and international organizations

Terrorism and international terrorism by an individual, society, state, international organizations and the world community among the threats and challenges of the 21st century. regarded as central, encroaching equally on public, national and international security.

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

However, talking about the cooperation of states in this area, about the emerging forms, directions, techniques and methods became possible only from the end of the 1990s, when, to a certain extent, there was, at least outwardly and officially, a relative and comparative unity in the world in understanding the concept terrorism and international terrorism; in classifying terrorist acts as criminal acts in accordance with national legislation and international legal norms; in understanding the causes and conditions that give rise to these crimes and criminal phenomena; in understanding the political and legal foundations for preventing, combating and controlling them; and, finally, in creating national and international institutional bodies and systems of bodies to combat them. A new stage of UN counter-terrorism activities began on the eve of the third millennium: on September 8, 2000, the General Assembly, based on the experience of many countries of the world and, as it were, foreseeing the tragedy of September 11 in the United States - the attack on the International Trade Center in New York and its destruction, terrorist acts in Russian Federation, etc., has adopted the Millennium Declaration, in which considerable attention is paid to the need to develop coordinated actions to prevent and combat such crimes.

To a certain extent, cooperation in the fight against terrorism took place within the framework of the UN, NATO, the Warsaw Pact Organization, the OAS, etc., but even the activities of the UN in this area reflected the rivalry and struggle of the two socio-economic and political systems more than they were aimed at combating with international terrorism.

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

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

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

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

The most important legal principle of the conventional mechanism of anti-terrorist cooperation is the principle aut dedere aut judicare ("either extradite or prosecute"). It is intended to ensure the inevitability of punishment for acts of terrorism and thereby more high level law enforcement measures, with particular emphasis on the mandatory prosecution and punishment of acts of a terrorist nature at the national (domestic) and international (interstate) levels.

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

A theoretical solution to this problem is possible provided that the specifics of the subjects and methods of both international law and national (domestic) law are taken into account. This task is very topical, because so far there are no methods of combating the universal human threat - international terrorism. Just as extraordinary (and unpopular) political decisions, still unknown to anyone, are needed to save life on planet Earth, so anti-terrorist law is needed to create a legal basis for international anti-terrorist cooperation. This legal form the relationship between the international and national (domestic) legal systems must be developed based on the results and prospects of global economic, political, military, civilizational, cultural and other processes, because terrorism equally threatens the individual, society, state, world community.

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

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

The League of Nations sounded the alarm first in the 1930s, creating conventional mechanisms to combat terrorism; then, after the Second World War, - the UN, other international organizations: Interpol, OAS, the African Union, the SCO, the CIS, etc. There is a certain conventional mechanism for controlling terrorism. The adoption of the 1999 International Convention for the Suppression of the Financing of Terrorism marked the beginning of the creation of comprehensive systems for the prevention of the financing of terrorist activities.

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

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

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

International institutional systems include the following:

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

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

According to clause 1.2 of the Regulations on the ATC, the overall management of the work of the Center is carried out by the Council of Heads of Security Agencies and Special Services of the CIS Member States. In its work, the Center is obliged to interact with the Council of Ministers of the Interior of the CIS member states, the Council of Commanders Border Troops, their working bodies, as well as the Bureau for Coordinating the Fight against Organized Crime and Other Dangerous Types of Crimes on the Territory of the CIS Member States.

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

3. The 1992 Collective Security Treaty (CST) of the CIS member states, created primarily to ensure military security. At present, this is a full-fledged MMPO - an international intergovernmental organization of a defensive regional character - the CSTO, operating on the basis of the Treaty and the Charter (2002), political and legal documents, with a clear structure aimed at countering both "old" military threats and " new", in particular terrorist.

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

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

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

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

The legal framework for domestic institutions of power and institutional systems that prevent and combat terrorism includes wide range legal norms: constitutional, criminal law, administrative law, norms of an executive and administrative nature (orders and instructions), norms of departmental acts.

In the states of the world, full-fledged legal foundations have not yet been created that take into account international legal prescriptions, the activities of international structures and institutional counter-terrorism systems.

The international legal foundations of international institutional counter-terrorism systems include the principles of international law, convention norms, customary law, a significant part of them are the norms of domestic law, the norms of international intergovernmental bodies and organizations, the norms of "soft" international law;

A complex legal nature is the system of norms governing the organization and activities of national and international institutional systems;

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

International Criminal Justice

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

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

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

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

However, the German government refused to extradite the war criminals and got the victorious powers to agree to the transfer of these cases to the German Supreme Court in Leipzig, before which 12 people were ultimately brought, of whom six were convicted.

The unsuccessful attempt to bring to justice persons from among the top leaders of the German army and state, of course, did not contribute to strengthening the principle of the inevitability of punishment for crimes committed and, as shown historical experience subsequently gave rise to a sense of impunity among the leaders of Nazi Germany.

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

The Treaty has made an important contribution to the process that has begun in international law to criminalize specific atrocities committed before and during war. The very formulation of the question of punishment for such crimes and the attempt to administer justice were of great importance.

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

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

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

The Moscow Declaration of the Allied Powers of October 30, 1943 recorded the right of the member states of the anti-Hitler coalition to prosecute and punish all war criminals, regardless of their citizenship, official position, and whether they acted on their own initiative or on orders. The declaration stated that the criminals would be sent to those countries in which the crimes were committed, i.e. submitted to national justice.

During negotiations in London (June 28 - August 8, 1945) official representatives The USSR, USA, Great Britain and France signed the Agreement on the Prosecution and Punishment of the Major War Criminals of the European Axis. It included the decision to establish the International Military Tribunal for Major War Criminals whose crimes are not linked to a specific geographical location (IMT), as well as its Charter, which determined the organization, jurisdiction and functions of the IMT. The charter provided for the creation of a committee to investigate and prosecute major war criminals.

Somewhat later, in 1946, the International Military Tribunal for the Far East was established to try the main Japanese war criminals. The charter of this judicial formation was signed by 11 states, including the USSR.

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

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

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

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

The following acts, or any of them, are crimes subject to the jurisdiction of the Tribunal and subject to individual liability:

a) crimes against peace, namely: planning, preparing, initiating or waging a war of aggression or a war in violation of international treaties, agreements or assurances, or participating in a common plan or conspiracy to carry out any of the foregoing;

b) war crimes, namely: violations of the laws or customs of war. These violations include killing, torturing or taking into slavery or for other purposes the civilian population of the occupied territory; killing or torturing prisoners of war or persons at sea; hostage killings; robbery of public or private property; senseless destruction of towns or villages; ruin unjustified military necessity, and other crimes;

c) crimes against humanity, namely: murder, extermination, enslavement, exile and other cruelties committed against the civilian population before or during the war, or persecution on political, racial or religious grounds in order to carry out or in connection with any crime, subject to the jurisdiction of the Tribunal, whether or not the acts were in violation of the internal law of the country in which they were committed.

The leaders, organizers, instigators and accomplices who participated in the drawing up or in the implementation of a general plan or conspiracy aimed at committing any of the above crimes, are responsible for all actions performed by any persons for the implementation of such a plan.

At the Nuremberg trials, the defendants enjoyed a wide range of procedural guarantees of their rights. So, they received the indictment for review 30 days before the start of the trial. Of the 403 court sessions, 16,000 pages of transcripts of which became a real accusatory document against Nazism, not a single one was closed, and 60,000 passes were issued to the courtroom. During the trial, several hundred witnesses were interrogated, more than 300,000 affidavits and more than 5,000 authentic documentary evidence (mainly official documents German ministries and departments, the General Staff, military concerns and banks). Only one defendant, G. Goering, spoke at the trial for two days. The defendants had at their disposal 27 lawyers (of their choice or by appointment from German lawyers), who were assisted by 54 legal assistants and 67 secretaries. Motions to call 61 defense witnesses were granted.

The sentence of imprisonment shall be served in a State designated by the Court from the list of States that have notified the Court of their readiness to receive the persons sentenced. In designating the State where the sentence will be served, the Court takes into account the existence in the State of recognized international treaty standards for the treatment of prisoners, as well as the nationality and opinion of the person sentenced.

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

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

Mixed (hybrid, internationalized) courts. Differing from the previously mentioned international judicial bodies in the specifics of their legal nature, the so-called mixed courts differ from each other in the degree of UN involvement in the process of creating these institutions, forming their structural divisions and drawing up legal acts that determine the order of their work. There are other differences as well.

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

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

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

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

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

By the end of 2013, trials involving three former leaders of the Revolutionary Council of the Armed Forces (AFRC), two members of the Civil Defense Forces (CDF) and three former leaders of the Revolutionary United Front (RUF) had been completed, including the appeal stage. In April 2012, the Trial Chamber found guilty former president Liberian Charles Taylor and sentenced him to 50 years in prison.

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

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

The Judges and the Prosecutor are appointed by the UN Secretary-General in accordance with the Agreement for a term of three years and may be reappointed for a term to be determined by the UN Secretary-General in consultation with the government. The applicable law is based on the Lebanese criminal law. The Special Tribunal brought charges and issued international warrants for the arrest of the four defendants.

The statute of the Special Tribunal provides, subject to a number of conditions, trials in absentia if the accused: (a) expressly waives his right to be present in writing in writing; (b) has not been placed at the disposal of the Tribunal by the relevant State authorities; (c) is a fugitive or cannot be found and all reasonable steps have been taken to ensure that he appears before the Tribunal and is informed of the charges confirmed by the Pre-Trial Judge.

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

The Extraordinary Chambers in the Courts of Cambodia are established by agreement between the United Nations and the Government of Cambodia. The Law for the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Trial of Crimes Committed During the Period of Democratic Kampuchea (ECPC), which is the main legal document of this Court, was adopted by the Parliament of Cambodia on January 2, 2001 (effective as amended on October 27, 2004) and approved by the Treaty between the United Nations and the Royal Government of Cambodia of June 6, 2003. It provides for liability for genocide, for crimes against humanity, for serious violations of the Geneva Conventions of 1949, the Hague Convention for the Protection of Cultural Property of 1954 and for certain crimes under the Criminal Code of Cambodia 1956 (murder, torture, religious persecution).

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

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

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

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

In September 2010, the Court ordered the commencement of trials under the Indictments against the four accused. After reviewing the submissions of the four defendants, the Pre-Trial Chamber approved and partially amended the Indictments and ordered the reopening of the trial in January 2011. Trial began with an initiation hearing in June 2011.

Opening statements by the parties began in November 2011.

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

Thus, among the acts constituting the legal basis for the activities of mixed courts on the territory of Kosovo, one should include UN Security Council Resolution 1244 (1999) of June 10, 1999, which authorized the Secretary-General to establish an international civilian presence in Kosovo - the UN Mission for the Interim Administration in Kosovo. Kosovo (UNMIK) - to establish an interim administration for Kosovo; UNMIK Order No. 1999/1 of 25 July 1999 "On the body of the Interim Administration in Kosovo"; UNMIK Order No. 2000/6 of 15 February 2000 "On the Appointment and Dismissal of International Judges and International Prosecutors".

The rules concerning the procedural aspects of the trial of mixed courts on the territory of Kosovo are set out, inter alia, in UNMIK Order No. 2000/64 of 15 December 2000 "On the involvement of international judges/prosecutors and (or) on the change of the place of consideration of the case", N 2001/20 of September 19, 2001 "On the protection of victims of crimes and witnesses in criminal proceedings", N 2001/21 of September 20, 2001 "On interaction with witnesses in criminal proceedings", N 2003/26 of July 6, 2003 d. "Provisional Code of Criminal Procedure of Kosovo", N 2007/21 of 29 June 2007 on the extension of the validity of order N 2000/64 of 15 December 2000 "On the involvement of international judges / prosecutors in proceedings and (or) on changing venue for the case."

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

At any stage of criminal proceedings, a competent prosecutor, defendant or lawyer may apply to the Kosovo Judiciary Department for the appointment of international judges or prosecutors, and for a change of venue, if considered necessary in the interests of justice.

The Department of Judicial Affairs makes recommendations to the Special Representative of the UN Secretary-General regarding the involvement of international judges, prosecutors or a change in the venue of the case. The Special Representative of the UN Secretary-General approves this recommendation.

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

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

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

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

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

The jurisdiction of the Colleges extends to individuals - citizens of East Timor and individuals - foreigners, guilty of committing crimes within the period from January 1 to October 25, 1999, related to the subject jurisdiction of the Colleges in the territory of East Timor.

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

Organizationally, the Boards with exclusive jurisdiction include: the Serious Crime Investigation Unit; Judicial panels of the Panels (each of two international judges and one judge from East Timor); the Dili District Court of Appeal, composed of two international judges and two East Timorese judges; The Prosecution Service of East Timor, which carries out the functions of supporting public prosecution.

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

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

The question of whether the reviewed bodies of international criminal justice constitute single system, did not receive an unequivocal answer in the domestic doctrine. We only note that the lack of a uniformly understood, exhaustive list of criteria necessary for recognizing the existence of such a system, differences in the legal foundations of the establishment and activities, jurisdiction and organization of well-known international criminal courts and tribunals, not quite a clear order of relationships and interaction between them do not allow today to give a positive answer to the above question.

the Nuremberg and Tokyo military tribunals, the demise of the ICTY and the ICTR, the current ICC, as well as such hybrid judiciaries as the Special Court for Sierra Leone, the Special Tribunal for Lebanon, the Extraordinary Chambers in the Courts of Cambodia, Benches with exclusive jurisdiction over serious crimes in East Timor, as well as the mixed courts in Kosovo, for all their imperfections and shortcomings in their work, have performed and continue to perform in this far from perfect world the important work of administering international justice, contributing to "the affirmation of faith in fundamental human rights, in dignity and human value

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), under which common standards and norms in relations with offenders are established priority areas fight against crime. In this sense, an important role the UN General Assembly, where reports on the implementation of a particular international convention are heard annually. The leading role in organizing the fight against crime at the international level is played by 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. The Soviet Union and then the Russian Federation have been participating since 1960. 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 practices for 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 the ratification and implementation of international instruments 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 International Drug Control Program (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, the UN Security Council can take coercive 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 have been imposed on Angola, Afghanistan, Haiti, the Democratic Republic of the Congo, Iraq, the 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 pursuant to paragraph 6 of resolution 1267 (1999), monitors compliance by states with the sanctions imposed by the UN Security Council on individuals and entities that are members of the Taliban and Al-Qaida or associated with them, and with for this purpose maintains a list of individuals and legal 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 their competence, some specialized agencies of the UN system are also engaged in certain issues of combating crime: the International Civil Aviation Organization (ICAO), the World Health Organization (WHO), the 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 Institute of Criminology Studies, 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 for the Arab States of the Gulf and the European Commission. Since 2004 has been participating in the work of the FATF on behalf of the Russian Federation 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, World Bank, 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 for combating money laundering and terrorist financing. 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 No. 1113 of July 30, 1996, it was established that the Russian Bureau, a structural subdivision of the Ministry of Internal Affairs of Russia, is a body for cooperation between a subdivision of not only the Ministry of Internal Affairs of Russia, but also other law enforcement and state bodies of the Russian Federation with law enforcement agencies of foreign states - members of Interpol and Interpol General Secretariat.

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);

informational and analytical (study of foreign experience in the fight against crime, 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 entities and individuals to whom it is not intended);

advisory (providing the necessary advisory and methodological assistance to law enforcement and other state bodies of 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;

international search department:

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;

illegal circulation of 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 notification; 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 on 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 in America can receive membership in it. 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 issues of identifying, seizing and confiscating proceeds and other property received from corruption, preventing corruption in the public administration system, and 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 for one reason or another (death of a suspect, accused, his evasion of criminal prosecution, etc.) cannot be held criminally liable or when criminal prosecution is terminated on non-rehabilitating grounds, but there are 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 to information technologies. 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, United Nations World Federation of Associations, Howard League for Prison Reform, Inter-American Bar Association, International Association Against Drug Abuse and Illicit Trafficking, International Prisoner Assistance Association, International Association of Prosecutors, International Soroptimist Association (its members fight for human rights in all world), the International Association of Prisons and Correctional Institutions, the International Association of Criminal Law, the International Commission of Catholic Priests for Pastoral Assistance to Prisoners, the International League of Prisoners av human, International Federation of Real Estate Brokers, 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, international movement Defense of Children, 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 committed to ending child prostitution, child pornography and the sale of children in 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 the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. The Tribunal 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, refineries and oil storage facilities, drinking water systems for the population and sewage systems, creating a threat of epidemics among the civilian population, civilian objects and houses of civilians, means 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, Shanghai Organization cooperation, 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.

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

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

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

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

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

These main areas are as follows:

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

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

Provision of vocational assistance to States in their fight against criminality and terrorism;

Treaty-legal coordination of the fight against crimes affecting several states (cooperation of states in the fight against certain types of crimes on the basis of international agreements);

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

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

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

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

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

Agreements are the founding documents of international bodies and organizations involved in the fight against crime: the Charter of the International Criminal Police Organization of 1956; Rome Statute of the International Criminal Court of 1998 and others;

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

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

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

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

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

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

After the demise of the USSR, the scientific and information direction developed within the framework of the CIS and the Russia-Belarus Union. For example, in November 2003, a scientific and practical conference " Actual problems fight against terrorism in the southern region of Russia", which was attended by the CIS member states located in the Transcaucasus. Practically at all meetings of the main bodies of the CIS - the Council of Heads of State, the Council of Heads of Government, the Executive Committee, the Inter-Parliamentary Assembly of the CIS member states, the problems of combating In particular, in June 2003, the CIS Program on Combating International Terrorism and Other Manifestations of Extremism until 2005 was approved, where a special section is devoted to information-analytical, scientific and methodological support for the fight against terrorism and other especially dangerous Harmonization of national legislation in this area is an important direction in the activities of states within the framework of the CIS to control and combat terrorism.

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

The main types of vocational assistance in the fight against crime are the provision of fellowships, the dispatch of experts and the organization or facilitation of seminars.

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

Countering organizations and persons whose activities are aimed at carrying out terrorist acts on the territories of other states;

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

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

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

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

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

Another generally recognized form of interstate communication, including cooperation in the fight against crime and terrorism, are international treaties. The international treaty - the main source of international law - plays an important role in the design of international relations in the field of combating crime.

The general trend towards expanding international cooperation in this area is connected with the concern of the peoples about the existence of crime, which hinders their socio-economic and cultural development. Each state is more or less exposed to criminality and transnational crimes and therefore seeks (albeit with varying degrees of interest) to get acquainted with the experience of combating them in other states, as well as to transfer their experience to them. This is the basis for the further development of international cooperation in the fight against crime.