International Combating The Crimes Harming The Economic Development Of States
“International Combating The Crimes
Harming The Economic Development Of States”
by Kevin W. Godley, Brian Wilson
(extraction)
After disintegration of the former Soviet Union, and the camp of
socialism, the new order was established. And the basic element of this order
is the multipolarity of the world, the availability of several centres of
influence.
And one of elements reflecting today's condition is the instability
caused by the various factors and here not the last role plays the criminal
factor. The difficult economic, political and social situation, low standards
of living, growth of poverty - all this is nutritious environment for the
development of criminality.
The states as the institutes, in which responsibility is the
organization of struggle against criminality, already have serious difficulties
in combating the criminals crossing their ways. They are compelled to
cooperate and to render one another legal assitance on criminal cases.
All defects of international cooperation in this are area immediately
used by the offenders for fulfilment and concealment of traces of crimes of
international character, the number of is growing rapidly today.
Since 80-th years the growth rates of criminality in the world, were
increased on the average by 5 % annually. Only in the USA there are 35 billion
crimes committed annually. It is possible to note, that in Russia for the
period from1991 to 1995 13 million crimes were registered and in 1995г. -
3million.
According to the opinions of the experts, in some countries the losses
from fraud in financial sphere are equivalent to the sum making 10 % of the
annual internal gross product of this country.
The illegal turn-over of drugs brings to criminals the profit, amount
of which makes 500 billion US dollars per year. This sum is equal to a total
sum a GNP of two thirds of the members - states of the UN.
The large incomes they have and from economic crimes, character and
which methods are constantly improved.
The more and more complex and refined manipulations with the prices on
international and national exchanges are marked; sale of securities by the
persons and establishments, engaging confidential information; frauds with
credit cards; illegal trade of the weapon and ammunition; transfer of the
incomes from illegal activity in foreign banks and their «washing up» by
various methods; crimes against the cultural property; an intellectual piracy
connected to the illegal edition and use of products, inventions and opening; a
counterfeiting.
In this connection it is considered quite tolerant, that today from 1
million USD only three hundred are false.
The international danger of listed and other crimes considerably grows.
They destabilize the activity of the governments, undermine bases of civil
company, restrain the rights and freedom of the person, entail pernicious
consequences for economic and social development of the states and represent
threat to safety of the state.
This crimes damage normal economic development of the
states and usually complicated by presence of a foreign element,
sometimes are the part of a crime which is made on territory of other state.
The legal basis of activity of the states in combating international
crime is international criminal law, which is a branch of international public
law.
If the norms of international criminal law are not transformed into the
national legislation, then interrogators, inspectors, public prosecutors and
judges during abidance by rules of the named constitutional norm have the right
to refer to the decisions to specific norms of the international agreement.
The smuggling is committed only on the territory of two and more
states and according to the international custom, recognized by the states, is
an international offense. The punishment for a smuggling is established in the
national administrative or criminal legislation.
Till now there was no multilateral agreement on the struggle against
smuggling. In this respect it is possible to note only CTC CONVENTION about
cooperation in combating infringements of the customs
rules accepted in 1977 in Nayrobi (Kenya).
Generally the smuggling includes illegal moving of any values through
the border of the various states. Its danger for the international law and
order is that it undermines the relations of friendship and cooperation of the
states, monopoly of the states or other order in the field of foreign trade,
brings harm to the economic and cultural development of the states.
Unlike other crimes the smuggling is very dynamic ally and constantly
being «improved» by criminals and its updates are unpredictable. Now the
greatest danger to the international community is represented by a smuggling of
weapons to hot points of our planet. Quite often smugglers serve to the
representatives of the separate states which are supplied with the illicit
weapons various extremist, ultra-right, ultra-left, ultra-nationalistic, and
frank fascist groups, as well terrorists and simply criminals.
The Subject of smuggling is not only shooting, but also other kinds of
the weapon, including the ammunition and explosive substances. According to the
information of the UN, the representatives of some states also use services of
smugglers of the weapon «There is also black market of the weapon, of shooting
weapon and buyers of which can use in case when foreign governments do not
satisfy their needs. The sizes of this market cannot be determined, and
therefore also it is impossible to evaluate its real significance».
In practice, the international-legal combating such smuggling is not
conducted because the weapon is a legal object of foreign trade, and export of
the weapon — Legal tool of external policy of a state.
By virtue of the public danger, the smuggling is known for the
national law of all states. In our country the struggle against it is conducted
on the basis of the customs, administrative and criminal codes.
The legalization of the criminal incomes became widely circulated in
the countries with market economy. The mechanism of these crimes is rather
complex. As it is shown in the circuit, indicated in appendix, extracted by a
criminal way money removed abroad and located in different countries on the
accounts of business banks.
On these finances criminals create enterprises and banks, by an
official way buy foreign currency, conclude external economic and other
contracts. The accomplices of such crimes are the workers of banks hiding the
actions under pretext of preservation of bank secret.
This crime is referred to the Strasbourg convention on «washing up»,
revealing, withdrawal and confiscation of the incomes from criminal activity
1990 to the number of international crimes. The state-participants have
undertaken the obligations to announce «washing up» of such money as a crime,
to accept the laws in order to search, withdraw and confiscate the illegally
received finances, to remove all restrictions from disclosure or unfair use by
the workers of banks data about the holdings of the bank clients.
The states have undertaken obligations to fix legally the rights of
access of the authorized officers of law-enforcement bodies to banking operations
allowing duly investigation of these crimes.
Several states, having joined this Convention, already have introduced
to their national legislation essential amendments.
For example, in Great Britain since 1994 acts the law, according to
which the workers of all banks which have not informed law-enforcement bodies
about unusual, suspicious moving of money resources, can be called to account
in the criminal liability and to get up to 14 years of deprivation of freedom.
Earlier in the Netherlands started to act the law obliging the bank
workers to inform law-enforcement bodies about receipt on the accounts of the
bank customers of the sums of more than 25 thousand guldens. About the origin
of such means the account holder is obliged to give an explanation. The similar
norms are in USA, Italy and other countries.
The certain contribution to strengthening struggle against these crimes
has been introduced in International conference on prevention of «washing up»
of money, using the incomes from criminal activity and combating these illegal
incomes, conducted by the UN in Hens - Mayer (Italy) in June, 1994, and World
conference on the organized and transnational criminality at the governmental
level, organized by UN in Naples (ITALY) in November 1994.
At the World conference conducted under auspices of the UN the
Neapolitan political declaration and Global plan of actions against the
organized transnational crime were adopted, and further authorized by the
resolution of General Assembly of the United Nations.
In this Declaration of heads of the states and governments, ministers
and the officials of law-enforcement bodies have accepted the decision to
protect the countries from criminal incomes and from international criminal
organizations by adopting effective legislative measures and operative means.
The Global plan of actions emphasized the necessity of rendering the
technical assistance by the United Nations, including communication of
experience and exchange training, developing the drafts of bills, special
training of the officials of criminal justice, acquisition, analysis of the
information about the indicated crimes and exchange by it.
The Conference accepted offer of the representatives from Italy about
establishing on its territory new International training centre for the
officers of the law-enforcement bodies and the system of criminal justice.
One of the problems of this Centre — communication of experience of
combating legalization of the criminal incomes and other economic crimes of
international character.
Among other documents, it is necessary to mention Facultative protocol
to the Standard Agreement about the mutual assistance in the field of criminal
justice concerning the incomes of crimes, accepted by the resolution of the
General Assembly of the UN in 1990.
Illegal operations with narcotic means and psychotropic substances are
the most widespread among considered crimes. Attempts of the states alone to
combat these crimes were almost unsuccessful. The epidemic of drug habit went
worldwide.
In 1909 there was the first international organization to struggle
against the drug abusing — Shanghai commission. It coordinated cooperation of
the states in the struggle against an illegal turn-over of drugs, which has
become to be qualified as an international criminal offence.
Now only in the UN, there are several commissions who act in the field
of combating these crimes:
- UN Commission on narcotic means, which
determines the policy of international community in the field of the
international control of drugs. In its structure 40 members appointed by
Economic and Social Council (ECOSOS) of the UN;
- The department of the UN on narcotic means in
Vienna. It acts for the abovementioned Commission as Secretariat and supports
political will of governments by granting the information and services of the
experts;
- International council of controlling the narcotic means (ICCNM),
consists of 13 members - experts appointed by ECOSOS for supervision over
action of system of the international agreements for controlling drugs and
psychotropic substances. Annually it presents the report on world situation in
the field of the control drugs and psychotropic substances;
- the United Nations Fund of Drug Abuse Control
(UNFDAC), which is financed at the cost of voluntary contributions, helps
countries in planning and realization of the specific programs of the drugs
control and rehabilitation of drug addicts. In 1989 the Fund rendered the
assistance in realization of 152 projects in 49 states;
- the United Nations Drug Control Programme
(UNDCP), according to which General Assembly of the UN annually hears the
report of the General Secretary about realization of the World program of
actions on combating against illegal production, offer, demand, turn-over and
distribution of narcotic means and psychotropic substances. Such attention is
not casual. The public danger of these crimes grows. The object of their
encroachment is not only health of the people, but also external economic
relations among the states, damage to pharmaceutical and other branches of
national economy. They render negative influence on the relations with those
countries, which condone offences in this area and default the international
obligations, taken per.
Along with growth and distribution of drug addiction there had been
developed the process of development, perfection and rapprochement of the
international and national legislation on directions of agreements
between the states and national measures of criminal, administrative
and medical character.
The first international agreement became the Hague convention adopted
1912, which fixed the following basic rules:
- the production and distribution of crude opium
should be supervised by legislation;
- its smoking should be eradicated;
- the production, sale and use of drugs should
be limited by the law extremely in the medical purposes etc.
Subsequently 9 international agreements on struggle against considered
crimes had been adopted. Among them it is necessary to mention the Convention
on prohibition of illegal trade of narcotic means adopted in 1936.
With the purposes of unification of the numerous international norms of
law, in 1961 the Uniform convention on the narcotic means which have replaced
all earlier Conventions in this area except for the Convention 1936 was
adopted .
The article 36 of Single Convention describes 18 punishable acts:
cultivation, production, manufacturing, extraction, preparation, storage, offer
with commercial objectives, distribution, purchase, sale, delivery on any
terms, brokerage, dispatch, transshipment in transit, delivery, importation and
exportation of drugs made in infringement of the Convention norms.
Besides, the Convention gives the interpretation of cultivation, importation,
exportation and other acts. This list cannot be full, therefore the state in
norms of the national legislation can recognize criminal, for example,
consumption of drugs.
All of them are conditionally subdivided into illegal operations
manufacturing-oriented of narcotic means, their sale and purchase and
transportation.
The experts know about 500 kinds of narcotic means, which are made in
mainly from plants which contain narcotic substances. (poppy, hemp, coca,
cannabis and etc.). Narcotic properties have also psychotropic substances,
which cause in the person relaxation, hallucination or depression.
They are artificially created medicines, rendering influence on mental
functions of the person. They are even known as tranquilizers or antidepressants.
It establishes the measures regulating the control of production and
distribution of psychotropic substances, gives their provisional list, sets
the criminality and punishability of these acts at the discretion of states. In
the Convention there is no list criminally punishable acts.
Both conventions order the states, that all serious and deliberate
illegal operations with narcotic means and psychotropic substances be punished
by the imprisonment or other punishment connected with deprivation of freedom
(article 36 of Convention of 1961 and article 22 of Convention of 1971).
In violation of these norms Iran, Iraq, Pakistan, Malaysia and other
countries (about 12) established death penalty for the use and distribution of
drugs.
The conventions provide a territorial principle of punishment of
criminals, i.e. under the laws of the state, on which territory the crimes are
accomplished.
On a place of detention of a criminal the jurisdiction is carried out
only for the reason of inadmissibility of his extradition.
The UN Convention of maritime law also contains the norm about struggle
against these crimes. Under the maritime law. According to an article 108 all
states cooperate in suppression of illegal trade of drugs and psychotropic
substances realized by ships in the high sea in violation of the international
rules.
The Convention 1988 determines as criminal the following acts:
production, manufacturing, extraction, distribution, sale, delivery on any
terms, transportation, import or export, and also cultivation of poppy, cocaine
sheets, cannabis with the purposes of illegal production of drugs.
The public instigation or prompting others to fulfillment such acts and
introduction into criminal arrangement with the purposes of their fulfillment
(article 3) is punished also.
Here are listed the following aggravating circumstances: the organized
group, application of the weapon, violence, involving in criminal activity of
the minors, and also previous conviction(s), especially for a similar offence.
Also there is typical instruction which determines that the states in
necessary cases establish long terms of punishment for considered crimes. The
Convention has a special article of «extradition» (article 6).
The mutual legal help in investigation and proceeding of criminal cases
detailed is also described.
The Viennese UN’s international Convention obliges the
states-participants to harmonize the national legislative norms in conformity
with the rules of this Convention. (article 3). It assumes to approach the
norms of national and international legislation maximally in order to
establish the uniform responsibility for dealing with an illegal turn-over of
narcotic means and psychotropic substances.
Necessity of acceptance of the given measure on my sight has been
caused by the following objective reasons. Firstly, in the majority of
countries of the world there is no uniform complex and comprehensive
legislation and criminal policy concerning drugs in national legal systems.
Secondly, the national criminal doctrine of the developed states
relating to the drug addiction is focused less punishable, than in the
developing countries.
Thirdly, the legislation of significant number of the states takes
under the control only so-called natural drugs and it appears unable to control
psychotropic substances. In the rare cases, when such control occurs, it is
carried out not by means of criminal law, but by the norms of administrative
law which frequently have blurred formulations, insufficient for strict and
specific control.
Fourthly, in the legislation of the majority of countries there is no
uniformity in a terminology in classifications of drugs, in definition of
crimes and other offences, in establishment of punishment, and also in details
of administrative and judicial procedures and etc.
This international Convention has played an important role not only in
elimination of these defects of the national legislation in combating an
illegal turn-over of narcotic substances, but also has introduced the worthy
contribution to its systematization.
The UN Commission on narcotic substances on its plenary meeting
29.01.1990 adopted the decision on updating the List of the Uniform Convention
on narcotic means 1961 by new kinds of narcotic means and the list of the UN
Convention on psychotropic substances 1971 - psychotropic substances. These
substances were also defined in the national legislation of a number of the
states - members of the Convention 1988. The similar changes continued to
occur.
Characteristically, that the person, voluntarily returned drugs, is
released from the criminal liability for their purchase, storage, carriage and
transfer the storage, carriage and transfer of consumed narcotic means. Is not
pursued in criminal order and person who voluntarily has applied to medical
establishment to get the medical assistance in connection with consumption of
drugs in nonmedical purposes.
Counterfeiting is the most ancient international criminal offence.
It has emerged simultaneously with replacement of natural commodity with money.
From ancient times not only separate persons, but also states were engaged in
counterfeiting, which by similar actions tried to undermine economy of other
states to weaken them and to achieve victory in war.
Such actions made Napoleon Bonapart towards Russia during the
preparation of his 1812 campaign. Also widely known the facts of manufacturing
of Great Britain’s pounds by fascist Germany the Second world war. The
counterfeit money and securities are used and as the means of undermine of
developing states economy. For example, in 1967 in Paris was found out the
underground factory which printed the notes of the Republic of Zaire. And the
French police confiscated money to the sum equal to 15 million
francs.
According to the information of Interpol, only for period from 1946 to
1972 this organization managed with the help of police of other countries to
find out and to classify about 6 million counterfeit money and securities in
89 countries of the world.
However experts consider, that even these on the scales do not
correspond to reality. Cases of counterfeiting are much more greater, and not
all of them get in a field of vision of police and revealed.
These crimes are made by well organized groups supported sometimes by
the representatives of corrupt authorities. In 1968, for example, was exposed
the group of international criminals including more than hundred persons.
They forged American dollars and traveler’s cheques with the signature
of 26 most known banks from various countries of the world. The centre of
organization was in Latin America, and one of branches — In Italy.
The false checks and dollars were distributed through «tourists» on all
continents of globe. Soon in vicinities of Bologna in Italy was found out the
printing house, which polygraphic equipment was evaluated in 50 million
Italian liras. The accomplishes of this criminal «syndicate» were arrested and
are condemned in many countries of the world.
According to the information of Interpol most frequently forged note
is - (about 80 %) American dollars because of their universal use. 100 dollar
notes are most frequently forged. As an answer-back measure, for maintenance of
stronger protection from a fake, American authorities in 1996 manufactured new
100 dollar note with additional levels of protection.
Currency is the basis of the state economic system and it is
important that the public remains confident with its money. Therefore it is
essential to combat this type of criminality on a daily basis.
The necessity of international cooperation to struggle against these
crimes has resulted in the conclusion the Geneva Convention on combating
counterfeit money.
The state-participants have undertaken the obligations not to make
distinctions between counterfeit own or foreign money and securities and with
identical severity punish criminals. It was announced as an extraditional
international criminal offence.
Therefore all countries — participants of the convention should assist
the states in search and returning of the absconded manufacturer, trader of
counterfeit money or their accomplices. From 1931 to 1995 within the framework
of requests of an article 12 of Geneva convention eight international
conferences on coordination of activity of the states, largest banks and
emission institutions in combating these crimes had been conducted.
To token moneys the Convention carries only circulating paper money
and metal coins.
The state-participants have agreed strictly to punish:
1) All illegal actions on manufacturing or change of token moneys,
whichever there was a method used for achievement of this result;
2) swindling;
3) actions addressed to sale, import in the country or reception, or
raising for itself of counterfeit token money, in condition that their false
character was known;
4) attempts on these offences and actions on deliberate partnership;
5) illegal actions on manufacturing, reception or purchase for itself
of instruments or other subjects intended on the nature for manufacturing of
false token moneys or for change of token moneys (an article 3). The citizens
of the country and person living on its territory, who are guilty in
counterfeiting of internal and foreign token moneys should be engaged to the criminal
liability.
According to an article 12 of the Convention inquests on such
businesses are conducted within the framework of national criminal legal
proceedings by Central Office, which works in close cooperation with banking
establishments, police and similar bodies of other countries.
It allows to centralize in scale of the state all items of information
able to facilitate search, suppression and preventive maintenance of these
crimes. Now all questions of international cooperation in considered sphere of
the international relations are assigned to the Interpol.
At the same time lot of norms of the Convention are obsolete, and its
text requires essential updating.
First of all it concerns to expansion of concept of «token moneys».
Fakes of the bills, letters of credit, cheques marks of a postage and other
securities are widespread today. However in the Convention such offences are
not considered as criminal. That mostly can be told about a counterfeit of
token moneys which are not taking place in circulation, and about exportation
of fake money abroad. These disadvantages of the Convention are compelled to
fill national norms of the criminal legislation, and also bilateral agreements.
The cooperation of the states in the field of struggle against crime is
conducted in several directions:
-
Recognition of danger for
community of the states certain criminal offences and necessity of application
of joint measures for their suppression. Those can be except crimes considered
in the present work terrorism, hijacking, illegal trade of people, etc. The
public danger of these crimes is determined in the international agreements.
-
Rendering assistance in
searching of the offenders, hiding on the territory of another state. There are
two possible ways of realization - through diplomatic missions and by direct
communication between law-enforcement agencies. It is necessary to note the
expansion of this direction of cooperation: if before the state addressed to
specific country with the request for search or extradition of a criminal, now
this search is conducted in world scale, and the search is conducted not only
on absconded criminal, but also on stolen property. With the purpose of
simplification of search the informational exchange is carried out sometimes.
-
Help in reception of
necessary materials on criminal case(s). In case of fulfillment of a crime or
commitment in several countries or commitment of its part in other state and
etc. the witnesses and material proofs can be found in the other state. To receive
these materials it is necessary to conduct consecutive actions abroad, that is
carried out by sending of the appropriate separate assignment (commissions
rogatoires). It can be the assignment to interrogate the witness, to make
survey of a place of incident and etc. The agreement defines, what kind of the
assignment can be given to the appropriate agency of other state. An agency,
which should execute this assignment is guided by the national norms, for want
of it the answers to all questions, delivered in the assignment.
-
Rendering the practical
help to the separate states in solving the problems of criminality, studying
these problems. This kind of the help is expressed in direction of the experts
to countries called to render the specific help to define main directions of
struggle against criminality, to give the recommendations for organization
correctional of system etc.).
-
Study of problems of
criminality and struggle against it. On order to do it the international
congresses, conferences, international organizations, research institutes are
organized.
-
Informational exchange.
The states frequently agree to grant each other information necessary for
successful realization of a consequence and capturing of a criminal, and also
other information of criminal character. Also they carry out exchange of
information about the sentences concerning the citizens of one country. As a
rule such exchange of the information occurs annually.
The international cooperation of the states is conducted in the following
forms:
-
The conclusion of the
international agreements. These are the agreements on rendering of the legal
help, extradition of criminals, recognition criminality of certain offences
and etc.
-
Use of international
organizations. The states with the purposes of cooperation create universal
organizations (UN), regional (ASL, OAU), specialized establishments of the UN
(ILO, WHO), create special organizations (Interpol); Besides in this process
also equally participate interstate and non-governmental agencies
(International Association of criminal Law, International association of the
lawyers - democrats).
Legal bases of cooperation of the states are universal
conventions, multilateral agreements or regional conventions, bilateral
agreements, activity of international organizations on combating
crime.
The section about the legal help on criminal cases consists of three
parts:
- Extradition (Convention’1988 articles
56-71)
- Realization of criminal prosecution (article
72-77)
- Special rules about the legal help on criminal
cases (article 78-80)
The part of extradition defines the procedure of extradition, rights
and responsibility of competent agencies of the agreeing states is
certain(determined). So, for example, agreeing parties obliged according to
conditions stipulated by the present Convention, to demand extradition of
persons who reside on the territory of other agreeing party, to engage them to
the criminal liability or for serving of a sentence (article 56).
Conditions of the responsibility of extradition are:
1. For engagement to the criminal liability it is necessary, that in
the criminal legislation of the requesting and required party is determined,
that offence as punishable and for which commitment the deprivation of freedom
not less than one year or heavier punishment is provided;
2. For execution of a sentence it is necessary, that in the criminal
legislation of the requesting and required party is determined, that offence
as punishable and for which commitment the deprivation of freedom not less
than six months or heavier punishment is provided.
The extradition is not made, if:
a) the person, which extradition is required, is the citizen of
the required agreeing party; In this case, criminal case will be sent to
competent agencies of the required agreeing party for realization of the
further criminal prosecution.
b) at the moment of receiving of a request the criminal
prosecution according to the legislation of the required agreeing party cannot
be processed or the sentence cannot be executed because of the expiration of
terms of prescription or on other legal basis;
c) concerning the person, which extradition is required, on
territory of the required agreeing party for that crime the sentence had been
passed or decree on dismissal entered into legal force;
d) the crime according to the legislation of the requesting or
required agreeing party is pursued by way of the private charge (by application
of aggrieved). (article 57 item1)
In extradition can be denied, if the crime, in connection with
which the extradition is required, was accomplished on territory of the
required agreeing party. (article 57 item 2)
Also criminal case can be
returned when it does not correspond to the requirements of the given
Convention.
After passing the decision the required agreeing party should notify
the requesting agreeing party about the sentence and to send a copy of the
sentence to the requesting agreeing party. (article 74)
Besides, the part 3 of the unit about the legal help on
criminal cases contain definitions about transfer of subjects important in
criminal case (material proofs, instrument of a crime etc.) (article 78), and
also transfer to other agreeing parties of the judicial information,
information on the sentences entered in legal force passed by courts of one
agreeing party concerning the citizens of other agreeing party, simultaneously
remitting available condemned fingerprints. And each of the agreeing parties
gives to other agreeing parties at their request information of a previous
conviction of the persons condemned earlier by courts, if these persons are
involved in the criminal liability on territory of the requesting Contract
(item 79).
International Crime. The development of increasingly sophisticated
facilities for rapid travel has made it far easier for criminals to move around
the world. At the same time, the complex structures of modern societies and the
constant growth of international exchanges provide more and more opportunities
for international criminal activity, which has now reached alarming
proportions.
But the term 'international crime', although in common use, does not
necessarily refer to a specific category of offence defined in law.
Some offences are covered by international conventions, for instance
currency counterfeiting (1929 Geneva Convention on struggle wit counterfeit
token moneys), traffic in human beings and the exploitation of prostitution
(1949 Convention on struggle against trade of people and exploitation of
prostitution), and drug trafficking (1988 UN’s Uniform Convention on struggle
against illegal turn-over of narcotic means and psychotropic substances).
Other offences, however, can be classified as 'international' because
of the behaviour of the offenders. For instance, preparations for committing an
offence may be made in one country while the actual offence is committed in one
or more other countries. To take another example, similar offences may be
committed one after the other in several different countries. Finally, an
offender may escape across a border after committing his offence, he may
transfer his illicit gains abroad, or he may conceal objects or documents used
to commit the offence in another country.
Tracing and arresting such offenders may prove extremely difficult;
problems can arise in connection with exchanging information, identification,
international investigations and subsequent extradition. Because of these
problems, police departments in different countries must work together if they
are to combat international crime successfully.
The principles and procedures governing international police
cooperation have grown up gradually over the years to form the present INTERPOL
system. It may be worth recalling the most significant dates.
The outbreak of the First World War prevented any further progress
1923 The Second International Criminal Police Congress met in Vienna,
Austria, and set up the International Criminal Police Commission (ICPC) with
its own Statutes, and official Headquarters in Vienna. The ICPC operated
satisfactorily until the outbreak of the Second World War, but was essentially
a European organization
1946 After the Second World War, a conference was held in Brussels to
revive the ICPC and the whole concept of international police co-operation
New Statutes were adopted and the Commission's Headquarters moved to
Paris
'INTERPOL' was chosen as the telegraphic address of the Headquarters
1956 The ICPC became the International Criminal Police Organisation
INTERPOL, abbreviated to ICPO-INTERPOL
1966 The INTERPOL General Secretariat moved to Saint Cloud, outside
Paris
1973 The Organisation celebrated its 50th anniversary in its birthplace,
Vienna
1984 The new Headquarters Agreement signed with the French Government
came into force
1989 On 27 November, the organisation's new Headquarters building in
Lyon was officially inaugurated
1994 The number of Member States reached 176
Under Article 2[18] of the Organisation's Constitution, INTERPOL's aims
are: "
(a) To ensure and promote the widest possible mutual assistance between
all criminal police authorities, within the limits of the laws existing in the
different countries and in the spirit of the Universal Declaration of Human
Rights.
(b) To establish and develop all institutions likely to contribute
effectively to the prevention and suppression of ordinary law crimes."
The limits of its action are laid down in Article 3: "It is strictly
forbidden for the Organisation to undertake any intervention or activities of a
political, military, religious or racial character." According to the
interpretation given to Article 3, a political offence is one which is
considered to be of a predominantly political nature because of the surrounding
circumstances and underlying motives, even if the offence itself is covered by
the ordinary criminal law in the country in which it was committed. This
interpretation, based on the predominant aspects of the offence, is embodied in
a resolution adopted by INTERPOL's General Assembly in 1951. In addition, a
resolution adopted in 1984 states that, in general, offences are not considered
to be political when they are committed outside a 'conflict area'and when the
victims are not connected with the aims or objectives pursued by the offenders.
It helps to exchange the criminal and other information between
law-enforcement agencies of the state and divisions of a Interpol, and the
appropriate police organizations of countries of foreign countries and provides
a kind of a link in international cooperation on struggle against criminality.
Interpol's governing bodies are its General Assembly and its Executive
Committee; these are deliberative organs, with decision-making and supervisory
powers, which meet periodically. The Organisation's permanent departments
constitute the General Secretariat which is responsible for implementing the
decisions and recommendations adopted by the two deliberative organs and whose
close contacts with the INTERPOL National Central Bureaus (NCBs) in the various
member countries provide the framework for day-to-day international police
co-operation. The NCBs, which are national bodies, are responsible for liaison
between the Member States and with the General Secretariat.
1. General Assembly The General Assembly is composed of delegates
appointed by the governments of Member States. It meets once a year. The
Assembly is INTERPOL's supreme governing body and takes all the major decisions
affecting general policy, resources needed for international co-operation,
working methods, finances and programmes of activities. It also elects the
Organisation's officers. Generally speaking, the Assembly takes decisions by a
simple majority in the form of resolutions or recommendations. Each Member
State represented has one vote.
2. Executive Committee The Executive Committee has thirteen members
who are elected by the General Assembly from among the Member States'
delegates. The President of the Organisation is elected for a four-year term
of office. He chairs General Assembly sessions and Executive Committee
meetings, makes certain that decisions taken by the Organisation's governing
bodies are implemented, and maintains close contact with the Secretary
General. The three Vice-Presidents and nine ordinary members are all elected
for three-year terms of office. The 13 Executive Committee members are elected
on the basis of equitable geographic distribution and must be from different
countries. The Executive Committee usually meets three times a year. It ensures
that General Assembly decisions are implemented, prepares the agenda for
General Assembly sessions, approves the programme of activities and draft
budget before they are submitted to the Assembly, and supervises the management
of the General Secretariat.
General Secretariat (Raymond E. Kendall QPM MA Secretary General, INTERPOL
) The General Secretariat is the permanent administrative and
technical body through which INTERPOL operates. It implements the decisions
taken by the General Assembly and the Executive Committee, directs and
co-ordinates actions designed to combat international crime, centralizes
information on crime and criminals, and maintains contact with national and
international authorities. The General Secretariat is staffed by the Secretary
General and the technical and administrative personnel needed to carry out the
Organisation's work.
The Secretariat is administered by the Secretary General who is
appointed by the General Assembly for a five-year term of office. He is
answerable to the General Assembly and the Executive Committee for the
Organisation's general and financial management. The General Secretariat staff
are international officials and, as such, must act solely in the interests of
the Organisation.
The staff can be divided into three categories: Officials seconded to
the Organisation by their national administrations; Officials detached to the
Organisation by their national administrations; Officials under contract who
are employed by the Organisation to carry out tasks that do not come within the
scope of police work.
Secretary General's Executive Office The technical and administrative
support unit which assists the Secretary General in his work comprises the
Executive Office itself, the Public Relations Department and a secretariat.
Financial control Financial matters are the responsibility of a Financial
Controller whose task is to prepare the budget and ensure that, once adopted,
it is implemented in accordance with the Organisation's regulations and
procedures. General Administration (Division I) This Division is responsible
for managing the Organisation's accounts, managing staff, equipment and general
services, preparing General Assembly sessions and other meetings organised by
INTERPOL, as well as for producing the Organisation's documents (translation,
typing, printing and mailing). The Division comprises the Document Production
Sub-Division, the Accounts and Finance Department, the Security Section, the
General Services Section, the Personnel and Social Welfare Sub-Division, and
the Conferences and Missions Office.
Liaison and Criminal Intelligence Division (Division II) This Division
is responsible for centralising police information and for handling
international criminal cases. It manages the computerised processing of police
information and the electronic archive system, ensures that the internal
Deletion Rules are applied to files, drafts international notices and summaries
of criminal cases, and organises meetings and symposia on cases or special
topics.
The Liaison and Criminal Intelligence Division is composed of the
European Liaison Bureau, the Regional Co-ordination Bureau and four
Sub-Divisions, each of which deals with specific areas of international crime.
Sub-Division 1 deals with general crime (offences against persons and property,
organized crime and terrorism), Sub-Division 2 deals with economic and
financial crime (fraud, counterfeiting of currency and travel documents, and
funds derived from criminal activities), Sub-Division 3 deals with illicit drug
traffic and Sub-Division 4 deals with criminal intelligence. The Criminal
Intelligence Sub-Division is responsible for processing information intended
for the NCBs. It uses the most up-to-date and sophisticated technology and has
five sections, making it possible to respond immediately to NCBs requesting
police information.
The Message Research and Response Branch (MRRB) The role of the MRRB
is to enable the General Secretariat and the NCBs to process and record police
information in accordance with the rules on data protection and the deletion of
information. It must respond to requests from NCBs without delay and in
accordance with the principles of international police co-operation and data
protection. It also works closely with the specialized groups of the Liaison
and Criminal Intelligence Division.
The International Notices Section This section's main task is to draft
and publish notices at the request of the NCBs, with emphasis on rapid
circulation. The Section works closely with the specialised groups of the
Liaison and Criminal Intelligence Division. All the paper files in the General
Secretariat's records section, and all messages received since lst October
1989, are electronically scanned. Finally, this section is responsible for
checking that the rules on the deletion of police information held by the
General Secretariat are observed.
The Fingerprinting and Identification Department The expert staff in
this department are responsible for processing fingerprints and photographs,
and updating their files.
The Automated Search and Archives (ASA) Section This section is
engaged in electronically archiving all criminal data received at the General
Secretariat and in operating the Automated Search Facility (ASF). This enables
all INTERPOL's NCBs and official services with a law-enforcement mission, and
which are entitled, to have direct access to and consult the database of
selected information.
The Analytical Criminal Intelligence Unit (ACIU) The ACIU was set up
in 1993 to provide a centralised crime analysis capability within the Liaison
and Criminal Intelligence Division. The units role is to provide the General
Secretariat and INTERPOL's member countries with crime analysis support, so as
to develop the necessary tactical and strategic intelligence relating to
international crime, making it possible to define criminal networks more
accurately, to determine enforcement priorities and to plan effective follow-up
enforcement action.
European Liaison Bureau To strengthen co-operation between European
member countrles, the General Assembly decided, at its 54th session in 1985, to
establish a European Secretariat at the General Secretariat. In 1988, the
European Secretariat was given the additional responsibility of acting as a
European Liaison Bureau (ELB) in order to provide the European region with a
liaison unit within the General Secretariat. The main tasks of the ELB are to
provide secretariat services for INTERPOL's European activities (for instance,
the activities of the INTERPOL European Committee and the European Regional
Conference), and to offer liaison fscilitles to European member countries in
the context of complex cases requiring international co-operation and to
establish rapid contacts in urgent matters. The European Liaison Bureau is
sttached to the Liaison and Criminal Intelligence Division.
Regional Co-ordination Bureau The Regional Co-ordination Bureau was
established in June 1994 in the light of the growing importance of regional
activities. The Bureau's responsibilities include: defining tbe existing
regional elements of the structure for police co-operation (within INTERPOL)
that might usefully be adopted by other regions; promoting the creation of and
organising administrative support for Regional Committees, following the model
of the INTERPOL European Committee; co-ordinating and promoting the activities
of existing Regional and Sub-Regional Bureaus (other than the European Liaison
Bureau; researching the demand for the creation of additional Regional and
Sub-Regional Bureaus and, in co-operation with the Legal Affairs Division,
developing the necessary framework for their establishment where appropriate; in
conjunction with the Technical Support Division, providing a liaison facility
for implementing the Regional Modernisation Programme outside Europe;
overseeing the organisation of the programme of activities for Regional
Conferences outside Europe; liaising with the Technical Support Division to
ensure that the police response to technical improvements being made at the
NCBs is adequate. This might include arranging training about the type of
information to be communicated via the telecommunications network; within the
context of items 1 to 4 above, promoting 'good practice' and co-ordinating the
implementation, at NCB level, of initiatives arising from the 'INTERPOL 2000'
project.
Legal Affairs (Division III) The main role of Division III is to act as
the Organisation's legal department. The responsibilities of the Head of
Division and the two legal sub-divisions (one dealing with international law,
the other with public and contract law) include: giving legal opinions on
matters relating to the Organisation's activities and to international police
co-operation; drafting headquarters agreements and other agreements with
States or with international organisations; drafting statutory texts and other
regulations; preparing contracts; assisting in the drafting of certain
General Assembly resolutions; providing secretariat services for the
Supervisory Board for the Internal Control of INTERPOL's Archives; updating
circulars relating to the pre-extradition procedure applicable in each Member
State; drafting studies or reports on the legal aspects of international
police co-operation.
The Division is also responsible, via the ICPR and General Reference
Sub-Division, for: researching, analysing and circulating reference material
on trends in international crime and the means deployed by Member States and
international institutions in preventing and combating crime; compiling and
publishing international crime statistics; publishing the International
Criminal Police Review (six issues per year).
Other responsibilities of the Division include: organising and
providing training (through the Training Unit); preparing certain
international symposia; representing INTERPOL at international conferences and
meetings on legal or criminological subjects.
Technical Support Division (Division 4) This Division is responsible
for studying, developing and applying the telecommunications and computer
technology which is essential for the Organisation's operation. It is composed
of a Telecommunications Sub-Division, an Electronic Data Processing
Sub-Division (development and operations), an Automated Search and Archives
Section, and a Research and Development Section. The Division provides the
various departments of the General Secretariat, as well as the Organisation's
Regional Bureaux and National Central Bureaux, with technical support in all
matters connected with telecommunications and computerisation
4. Supervisory Board for the Internal Control of INTERPOL's Archives At
its 51st session (Torremolinos, 1982), the General Assembly approved the
creation of a Supervisory Board composed of five members of different
nationalities.
It is the duty of this Board to verify that personal information
contained in INTERPOL's archives is: (a) obtained and processed in accordance
with the provisions of the Organisation's Constitution and the interpretation
thereof given by the appropriate organs of the Organisation; (b) recorded for
specific purposes and not used in any way that is incompatible with those
purposes; (c) accurate; (d) kept for a limited period in accordance with the
conditions laid down by the Organisation. Nationals or permanent residents of
the Organisation's Member States may ask the Supervisory Board to make
available a list of the archives held by INTERPOL.
They may also ask the Board to verify that any personal information
which the Organisation holds about them complies with the conditions listed
above. The Board notifies the requesting party that the verifications requested
have been carried out. The Supervisory Board meets three times a year. It
submits an annual report on its activities to the Organisation's Executive
Committee. During its meetings, it checks on personal information in the files,
both at the request of private individuals and on its own initiative
5. The National Central Bureaux (NCBs) Experience has shown that there
are three main factors which tend to hamper international co-operation. In the
first place, the different structures of various police forces often make it
difficult for outsiders to know which particular department is empowered to
deal with a case or to supply information. Secondly, the fact that different
countries use different languages can become a barrier to communication.
Finally, problems can arise from the fact that legal systems vary
considerably throughout the world. In an attempt to solve these problems, it
was decided that the Government of every Member State should appoint one
permanent police department to serve as its country's INTERPOL National Central
Bureau and act as the focal point for international co-operation. In most cases
the department chosen is a high-level one, with wide powers, able to reply to
any request from the General Secretariat or from another NCB and capable of
launching large-scale police action by other national law enforcement agencies
whenever necessary.
The NCBs are staffed solely by their own countries' police officers or
government officials who always operate within the limits set by their own
laws. The NCBs' activities can be summarised as follows: they collect
documents and criminal intelligence which have a direct bearing on
international police co-operation from sources in their own countries, and pass
this material on to the other NCBs and the General Secretariat; they ensure
that police action or operations requested by another country's NCB are carried
out on their territory; they receive requests for information, checks, etc,
from other NCBs and reply to such requests; they transmit requests for
international co-operation made by their own courts or police departments to
the NCBs of other countries; the Heads of NCBs attend INTERPOL General
Assembly sessions as members of their countries' delegations, and subsequently
ensure that the Assembly's resolutions are implemented.
The NCBs communicate directly among themselves. However, they keep the
General Secretariat informed of their investigations so that the latter can
perform its task of centralising information and co-ordinating co-operation.
6. Advisors For assistance on specific matters, INTERPOL can consult
Advisers appointed by the Executive Committee. These Advisers serve for three
years and are highly qualified experts with worldwide reputations in fields of
interest to the Organisation.
7. Standing Committee on Information Technology (SCIT) The Standing
Committee is composed of technical experts representing a certain number of
NCBs. It meets twice a year to give expert opinions and advice to the Executive
Committee on any new technology being considered for the Organisation.
Besides Interpol, another international organization
which plays an important role in international cooperation on combating
international crime is the United Nations Organization.
Among main bodies a UN to questions of the prevention of criminality
and struggle from it(her) attend: general Assembly, ECOSOC,
Secretary a UN and number of the specialized establishments a UN.
The UN General Assembly considers the reports of the UN General
Secretary on major problems of international cooperation under the prevention
of crime and struggle against it.
These problems also considered by the number of committees of General
Assembly: main committees [Third and Sixth], Committee on the prevention of
crime and struggle against it, special committees and commissions: special
committee on international terrorism, and the number of workgroups.
Economic and Social Council (ECOSOC) - the UN main organ, which defines
practical problems of organization of international cooperation by the
preventing the international crime and cmbating with it. ECOSOC is authorized
to make the reports on struggle against crime and to make the recommendations
in this area to the UN General Assembly in order to prepare the projects of the
conventions and to convoke international conferences on struggle against
criminality.
UN congress on the preventing the crime and handling with the
offenders - the specialized conference a UN, was established in 1950. The
sessions of this Congress are conducted once per 5 years.
The participants of the Congress are the representatives of the states,
of the specialized establishments a UN and its bodies.
The members of delegations from the states can be the representatives
from ministries, law-enforcement agencies, scientists, experts and advisers.
To the competence of a Congress concerns: determination of main
directions of cooperation of the states under the prevention of criminality,
development of the programs and recommendations for the solving this problem,
assistance to communications exchange and coordination of cooperation of the
states in the UN on the preventing and struggle against distribution of
criminality, determination of main principles of cooperation in this area.
Other body, to which the organization and coordination of cooperation
of the states in struggle against criminality is assigned, is the constantly
acting UN Committee on preventing of criminality and struggle against it. It
consists of 27 experts acting in personal quality, appointed by ECOSOC. The
sessions of the committee are conducted once per 2 years. The participants of
sessions of this Committee are the representatives of UN special
establishments engaged with problems of criminality, interdepartmental
(Interpol) and international government agencies (International association of
the international law, International association of the lawyers - democrats
etc.).
The specialized establishments a UN - UNESCO, ILO, ICAO, WHO
also concern the questions of struggle and prevention of crime and as agreed
with ECOSOC introduce the proposals to the appropriate bodies of the UN.
Among bodies a UN occupied with questions of struggle
against criminality, the special place occupies « The Institute of the national
correspondents ». It is the body of the special competence created in 1950
and consists of the representatives of the states and have high qualification
in the field of the national jurisdiction.
The correspondents inform in bodies of the UN, on practical measures
methods of struggle and prevention of criminality, which are carried out in
countries, represented by them,, and also inform the appropriate bodies of the
countries on main directions of struggle against criminality in the international
scale.
Prospects in combating against crime and strenghtening law and order
for maintenance of economic and cultural development.
In a history of each state the transition to new social quality, always
passed on a background of criminality. And the growth of criminality is not
only serious obstacle in a way of reforms, but in certain circumstances bears
direct threat to achievement of the purposes, scheduled in transitive period.
Together with the further development of economy and transition to the
new level in various spheres of civil society andstatehood, there is a change
and development of various kinds of criminality, as there appears new patterns
of ownership, business and other changes accompanying the process of transition
to the market economy.
In this plan it is necessary to note that alongside with change and
increasement of separate kinds of crimes occur new, up to the present moment
unknown to our country kinds of a crime.
However, as was already marked above on background of common decrease
of criminality the number of separate crimes, and particularly smuggling
(mainly weapon and narcotic means) grows.
It would be worth upon creation of a state programme on struggle
against criminality and preventing it to include in this programme items on the
conclusion of the intergovernmental and interdepartmental agreements on
struggle against smuggling.
It is necessary to indicate one more aspect of smuggling making it in
modern conditions as a dangerous crime of international character, frequently
closed with other dangerous encroachments to the financial system of the
states. In a 1976 in India was arrested Chando Nakhat. By creating the ramified
network of the agents, using the blank forms of the documents of Reserve Bank
of India he transferred the large sums of the public funds in a foreign
currency to the banks of USA, Switzerland, Hongkong.
In these banks the money had been converted to gold which then secretly
was imported into India, where it was sold of Indian currency and bringing
superprofits and loosening a national economy.
It is obvious, that the modern updates of smuggling and crimes,
connected to it are not limited. The criminals armed by such craft, can be
involved as well in such financial crimes as legalization of the criminal
incomes and counterfeiting.
As well in some interstate agreements and agreements the necessity of
cooperation and on the given kind of crimes was determined.
At present it is the «positive» factor constraining growth of «washing
up» of money, however in the near future, after achieving the certain stages
of development it can become quite serious problem.
Study of experience of foreign countries (first of all such countries
with the advanced market economy as USA, Great Britain, France, Germany) in
struggle against legalization of the illegal incomes and prevention of the
given kind of crimes.
Conclusion of the intergovernmental agreements about mutual cooperation
in the field of struggle against illegal financial transactions, including
legalization of the criminal (illegal) incomes.
Within the framework of cooperation to provide mutual
informationexchange, which can promote prevention, revealing, suppression and
disclosing of financial transactions connected to legalization of the incomes,
received illegally namely the following:
The information of legal character, particularly about the national
legislation aimed against illegal financial transactions, and financial
transactions connected to legalization of the incomes, received by an illegal
way, sanctions stipulated for such infringements;
About the forms and methods of the prevention(warning), revealing,
suppression and disclosing of illegal financial transactions, and also
financial transactions connected to legalization of the incomes, received by an
illegal way;
About transferring of currency values between the states-psrticipants
of agreement;
About infringements of realization of financial transactions both
development of the forms and methods of legalization of the incomes received
by an illegal way;
About financial transactions connected to reception of the incomes,
which, under the items of information of competent bodies, probably, are
received illegaly;
Interaction on realization of measures directed to reveal illegal (from
the point of view of the national legislation of country) of financial
transactions, and also financial transactions connected to legalization of the
incomes, received by an illegal way;
Realization of joint analytical studies on problems touching mutual
interests of countries - participants of the agreement in financial
transactions, incomes, connected to legalizations, received by an illegal way, rendering
assistance, in training the experts, in creation of
information systems ensuring fulfilment of problems on prevention and revealing
of financial transactions, incomes, connected to legalizations, received by an
illegal way;
Other kind of the crime, encroaching on economic development of the
state - counterfeiting, is also closely connected to all considered in the
present work crimes, especially with smuggling.
For effective struggle against the this crime and its prevention the
expedient acceptance of the following measures is recommended:
Conclusion of the bilateral agreements or creation of the regional
convention about rendering of the mutual assitance on struggle against
counterfeiting and definition of them in the rules of these documents.
Harmonistaion of norms of the legislation of the agreeing states, information
exchange, among the competent agencies of agreeing countries about revealing
false legal currency of these countries, and also about the preparing or
committed crimes, about participation of juridical bodies andindividuals in
these crimes, realization of joint scientific conferences,
communication exchange and training of the experts,
The realization of the above-stated measures
would promote the further reduction of quantitative structure of crimes of the
this kind.
By the last kind of offences ecnroaching the economic development of
the states is an illegal turn-over of narcotic means and psychotropic
substances.
This kind of crimes not only encroaches the economic development of the
states, but also represents real threat to safety for bases of the state, as
these crimes closely connected to the organized crime which gathered the
capital by a criminal way, is triying to penetrate into imperous structures.
The important condition of increase of efficiency of struggle against
an illegal turn-over of narcotic means and psychotropic substances is
strengthening preventive measures. The latter requires revealing the reasons
and conditions promoting their commitment. For example such as:
Insufficient work of law-enforcement agencies on statement on the
record-keeping of the individuals inclined to commitment crimes, connected with
drugs. So about 33 % of the early condemned for the indicated crime persons
were not delivered on the preventive record-keeping;[26]
Extraction of a large profit by the people producing and selling
narcotic substances. In a pursuit of profit distributors constantly use all
methods to expand a circle of the consumers of drugs. The extraction of huge
profits attracts to narcobusiness the organized crime.
The experience of struggle against narcomafia in foreign countries
shows, that one of major directions of activity of the organized crime is the
wide circulation of narcotic means and psychotropic substances.
The attributes of participation of structures of the organized crime in
our republic are present.
To such attributes it is possible to relate: participation in illegal
operations with narcotic means of a fair quantity of the persons; complex
hierarchical structure of criminal groups (availability one or several organizers,
divisions executing security and intelligence functions); connection of
criminal groups with the separate workers of law-enforcement bodies and state
structures;
Absence of due interaction between law-enforcement bodies and wide
sections of state and public organizations.
Main defect of work on struggle against narcobusiness is singlepurpose
approach of law-enforcement bodies, It is impossible to win drug additcion as a
social evil, using the forces only of law-enforcement bodies. It is the problem
of all our society.
With the purposes of increase the efficiency of preventive measures of
struggle against crimes connected with drugs, it is represented expedient:
During realization of measures on revealing and destruction of illegal
crops conatining narcotic substances to distribute optimally forces and means
of law-enforcement bodies, widely attracting the representatives of public
organizations;
To use advanced experience of world practice on revealing and
destruction of underground plantations of plants conaining narcotic substances,
struggle against illegal manufacturing and distribution of drugs;
The struggle against an illegal turn-over of narcotic means and
psychotropic substances should be carried out on a basis of scientifically
developed nation-wide comprehensive programme. Among main sections it should
contain:
The particular(specific) purposes and problems, and also radical and
complex measures on struggle against narcobusiness ;
Study and use of foreign experience of struggle against distribution of
narcotic means and psychotropic substances (first of all - experience of
Interpol);
Maintenance by the competent staff - experts able to handle struggle
against an illegal turn-over of narcotic means and psychotropic substances. It
assumes first of all training of the experts - professionals.
For these purposes in educational establishments of system of
law-enforcement bodies it is necessary: to create the specialized groups,
branches or faculties with training of the future experts under the separate
programs; to organize short-term courses, where the employees of departments
would increase professional skills on struggle against narcobusiness;
invitation in educational establishments of system of law-enforcement bodies of
the teachers from foreign countries for teaching separate courses connected
with these subjects; exchange by experience or professional training in the
appropriate divisions of a Interpol or law-enforcement bodies of other states
of the employees.
And one of obligatory conditions of successful work on struggle against
narcobusiness and qualitative preparation of the experts in educational
establishments (divisions) should become study and knowledge of one - two
foreign languages.
It is represented, that the realization of the above-stated proposals
will promote strengthening of struggle against an illegal turn-over of narcotic
means and psychotropic substances.
In front of the developing states there is a complex problem of search
of optimum conditions for legal struggle against crimes encroaching their
economic development.
These problems are connected not only to improvement of the criminal
legislation and its practical application by bodies of the criminal justice,
but the usage only measures of legal struggle against crime in particular with
economic, is insufficient.
In this plan, one of questions worth before the states for maintenance
of successful struggle against crimes damaging the economic development of the
states is realization of successful international cooperation on struggle
against this kind of offences.
In the plan of legal struggle against crime the process of integration
is displayed in harmonization of the national legislation in conformity with
requests of the international agreements, implemenation of norms of the
international law to the national legislation, conclusion of the interstate,
intergovernmental and interdepartmental agreements on rendering the mutual
assistance on criminal legal relations, participation in international organizations
(such as Interpol), exchange of scientific and technical information and
experience, realization of a joint conferences and so on.
The present work reviewed and analyzed the questions of one group of
crimes of international character, namely criminal offences harming the
economic development of the states (smuggling, legalization of the illegal
incomes, counterfeiting and illegal turn-over of narcotic means and
psychotropic substances), and also questions and problems of realization of
international cooperation of the states on struggle against these kinds of
crimes were considered.
With allowance for above-stated, the decision of the most essential
problems of cooperation seems especially important, to me in the field of
struggle against crime, protection of law and order and maintenance of the
rights and interests of the citizens.
First of all, this is the problem of improvement of legislative base,
which purpose - creation of conditions for closer and fruitful communications
of competent agencies, for realization of more effective struggle against
crime.
Also at present stage the special importance acquires such aspects of
law-enforcement activity as problems of participation of the representatives of
bodies of the justice in development of new documents directed to the prevent
the crime and to struggle,exchange of experience, scientific and technical
information and monitoring of changes of the last scientific and technological
achievements, so that the norms of the legislation accordingly reacted to these
changes and innovations.