The concept and main directions of international cooperation in the fight against crime. Legal basis and principles of international cooperation of states in the fight against crime Subjects of cooperation in the fight against crime

Crime as a social phenomenon is largely of an interethnic nature and equally causes damage to various states and societies, regardless of their socio-political structure.

The fight against national crime is currently significantly complicated due to the growth of such crimes, which pose a danger not only to individual states, but to all mankind. Therefore, joint efforts and daily cooperation of states are required.

The greater the mutual understanding between states and the awareness of the existence of crimes affecting the interests of the international community, the more efforts should be made by all states together and individually to protect the international legal order. Consequently, the coordination of the efforts of various states to combat ordinary crimes and crimes that damage the peaceful existence of various states contributes to mutual understanding, strengthening peaceful relations and cooperation between countries and peoples.

The need for expansion and deepening international cooperation in the fight against crime is also due to qualitative and quantitative changes in crime itself, the growth of "foreign investments" in the total mass of crimes of individual states.

International cooperation in the fight against crime is the unification of the efforts of states and other participants international relations in order to increase the effectiveness of crime prevention, combating them and correcting offenders.

At the same time, the international fight against crime cannot be taken literally, since crimes are committed on the territory of a certain state and fall under its jurisdiction. With this in mind, the principle (jurisdiction) of a certain state applies to a crime committed or being prepared, and, therefore, international struggle should be understood as cooperation between states in the fight against certain types crime or crimes committed by individuals.

The concepts of certain types of crime or crimes belonging to the category of international ones, in fact, do not have an unambiguous definition. There are many definitions of international crime: “international crimes are encroachments on the freedom of the peoples of the world or as an encroachment on the interests of all progressive mankind”, “international crimes are encroachments on the fundamental foundations of international communication, on the rights and interests of all states”, “international crimes are crimes that encroach on the independence of each people and peaceful relations between peoples”, “international crimes are an encroachment on the very existence of a state and nation”, etc., etc.

This shows the diversity of international crime, which is primarily a reflection of the inconsistency of social relations in a particular state.

In theory, there is a generally recognized distinction between crimes affecting the interests of states and the entire international community, into several groups.

The first group is international crimes proper: crimes against peace, including the planning, preparation, initiation or waging of war in violation of international treaties and agreements, and crimes against humanity (including murders) committed against the civilian population before or during the war:

• genocide (destruction of the clan) - the extermination of certain groups of the population on racial, national or regional grounds;
• apartheid - an extreme form of racial discrimination and segregation (the policy of separating the "colored" population from the white), carried out in relation to certain national and racial groups of the population, expressed in the deprivation or significant restriction of political, socio-economic and civil rights, territorial isolation, etc.;
• ecocide - destruction human environment natural environment, violation of ecological balance;
• biocide (destruction of life);
• slavery;
• terrorism is a policy of intimidation, suppression political opponents violent measures;
• mercenary.

The second group of crimes are crimes of an international character. Some can be defined in international agreements, others cannot, but are considered by states as crimes that harm international communication. Of course, these crimes are ambiguous both in nature and in the degree of danger. They can be divided into the following subgroups:

Crimes damaging peaceful cooperation and the normal conduct of interstate relations. Just to them can be ranked (but this has not yet been done) terrorism and compositions close to this crime: hijacking, hostage-taking, theft of nuclear weapons, encroachments on diplomatic representatives, as well as illegal broadcasting.

Crimes damaging the economic and socio-cultural development of states and peoples. These are criminal encroachments on the environment, crimes against national cultural heritage peoples (theft of works of art, destruction and looting of excavations, etc.), smuggling itself, illegal operations with narcotic and psychotropic substances, counterfeiting, illegal immigration.

Crimes that damage the individual, personal (private), state property and moral values. These include: human trafficking, piracy, distribution of pornography, torture.

Other crimes of an international character. This includes: crimes committed on board an aircraft, rupture and damage of a submarine cable, collision of ships, failure to provide assistance at sea, pollution of the sea with harmful substances, crimes on the sea shelf, violation of the rules of marine fisheries.

International crime is a specific variety of the general crime of a particular state. In general, there is reason to talk about its increased danger. First of all, we are talking about the so-called index (the most dangerous, serious) crimes, which include terrorism, drug trafficking, money laundering, hijacking, etc.

The most common among international criminal offenses are illicit transactions with narcotic drugs. All attempts by states alone to fight this type of crime ended in failure. In this regard, in 1909, the first international organization to combat drug addiction, the Shanghai Commission, was established. This organization was called upon to coordinate the cooperation of states in the fight against trafficking drugs, recognizing this species crimes an international criminal offence.

It should be noted that the drug business brings huge profits to international criminals. In the US, it accounts for 275% of net income. In addition, drug dealers are increasingly intervening in internal politics states. Judicial and investigative practice in such cases testifies to the high degree of organization of criminal communities, discipline, and the strength of international relations in this area. Strict discipline is ensured by the cruelty of leaders, intimidation, torture, and executions of representatives of rival groups and "our own troublemakers."

The 1912 Hague International Opium Convention is the first multilateral drug control agreement. It introduced three main categories of narcotic substances as the subject of regulation: raw opium; cooked opium; medical opium.

Over the next twenty years, within the framework of the League of Nations, a number of international legal acts were developed and adopted, supplementing the provisions of the Hague Conference: the Single Convention on Narcotic Drugs of 1961, as amended by the Protocol of 1972 amending the Single Convention on Narcotic Drugs of 1961; the 1971 Convention on Psychotropic Substances; Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.

The overall purpose of these conventions is to ensure access to narcotic drugs and psychotropic substances for medical and scientific purposes, limit their use to those purposes, and combat their illicit traffic, demand and consumption.

the main objective The single convention of 1961, which entered into force in 1964, was to confirm, codify, simplify, update and supplement previously concluded treaties on this issue. It restricts the production, manufacture, trade, import, export, distribution and use of narcotic drugs solely to medical and scientific purposes and is aimed at combating drug addiction.

The 1971 Convention places obligations on States parties to exercise national and international control over psychotropic substances that are abused or may be abused in the future. This convention provides for four different categories of psychotropic substances depending on the risk and likelihood of their abuse, establishes different requirements for production volumes, record keeping, distribution restrictions and export notification.

Main provisions of the 1988 Convention for the Suppression of Illicit Drug Traffic:

• the creation of a relatively uniform classification of offenses and sanctions for acts related to drug trafficking, as well as the establishment of jurisdiction over them;
• taking measures to identify, identify, freeze, seize or confiscate proceeds of drug trafficking;
• providing mutual legal assistance in the investigation, trial and prosecution of certain types of offenses related to drug trafficking;
• international cooperation between law enforcement agencies;
• measures to eradicate illicit drug crop cultivation and drug production.

This convention refers to the number of offenses; distribution of narcotic drugs and psychotropic substances; conversion or transfer of property, if it is known that such property is obtained as a result of trafficking in narcotic drugs and psychotropic substances; participation, involvement or entry into a criminal conspiracy to commit any offense, etc.

It should be noted that Russia, as the legal successor former USSR is a party to the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

Active work is underway to establish bilateral and multilateral cooperation in the fight against illicit drug trafficking and abuse.

International cooperation of the Ministry of Internal Affairs of Russia in this area is carried out in three areas:

• within the framework of the conclusion of intergovernmental agreements;
• participation of our representatives in the work of international organizations;
• direct establishment of interdepartmental contacts with special units of other countries.

It should be said about that part of international crime, which in Russia is now commonly called transnational or international, i.e., going beyond national borders. The most difficult is the situation on the borders with the CIS and Baltic countries. No operational data is needed to ascertain the expansion of Russian territories, especially in Far East, illegal export of fish and seafood, timber and lumber abroad, large-scale export of raw materials and materials from Russia.

Comparative crime trends in the states formed on the territory of the former USSR are of particular criminological significance.

The level of crime in the former Soviet republics has always varied significantly, despite the fact that they were located in single state with the same type of economic, social and political system, rigidly unified criminal and criminal procedure legislation, a single centralized record of crimes, a centralized system of criminal justice, etc.

The intensive growth of crime in most post-Soviet countries is mainly due to an increase in acquisitive and mercenary-violent crimes, thefts, robberies, and robberies. The proportion of thefts in countries with high crime reaches 80% or more, and with low crime - up to 40-45%. And the difference between the theft rates calculated for the population reaches 18 times.

Residents of Azerbaijan, Georgia, Armenia, Uzbekistan, Kazakhstan, Moldova and Chechnya are distinguished by high criminal activity. According to the structure of out-of-town crime, they account for every second robbery, extortion, a crime related to drug trafficking, a third of robberies, a fifth of premeditated murders and rapes. As a rule, crimes are committed with the use of weapons and are characterized by audacity and cruelty.

The so-called shuttle flights for contract killings, fraud, racketeering in other countries are typical for criminal activity.

Smuggling of weapons, ammunition and explosives is especially characteristic of the northwestern frontiers Russian Federation(Pskov, Leningrad region). Weapons of foreign brands "pop up" then throughout the country.

Filed by Interpol, illegal operations in Russia line up in the following sequence: the drug and weapons business, and then the illegal trade in antiques. In Western Europe, more than 40 criminal groups engaged in this business are registered. Between 1996 and 2000, these crimes increased 30 times!

It is worth mentioning the criminality of migration processes, especially illegal ones. Representatives of the countries of the Transcaucasus, China, Vietnam and Mongolia “differ” here (in three years, the growth in crime has grown 3-5 times). "Guests" from Vietnam, Iran, Afghanistan, Somalia, Sri Lanka, who have experience in military operations, including those of a guerrilla-sabotage nature, unite on our territory into ethnic and religious groups. The actions of such formations are of great concern to both law enforcement agencies and law-abiding citizens.

The economic, political and social processes of convergence of highly developed countries in the 1990s did not lead to a significant leveling of the level of crime in these states. The contribution of each of the G7 countries to the so-called global crime rate is not the same. Thus, the number of crimes committed annually in the United States is greater than in Germany, England, France, and Japan combined.

The annual growth or decrease in crime in highly developed countries, as a rule, does not exceed 2-4%. Western criminologists regard this indicator positively, since slight fluctuations in the level of crime make it possible to systematically implement long-term and current preventive programs without taking any kind of emergency measures.

In each country, crime differs in level, structure, dynamics and other criminological characteristics. For example, the crime rate in Japan per 100,000 population is almost an order of magnitude lower than in the United States (if we take all crime) or in Sweden. And registered crime in prosperous Sweden, where there have been no wars or revolutions for two hundred years, per population is 7-8 times higher than recorded crime in crisis Russia.

From the last comparison, one cannot conclude that the rule of law in Russia, where actual crime has reached an alarming level, is much higher than in Sweden. In this Scandinavian country, there is indeed a high recorded crime, but the scope of criminal law is wider, less latent crime, more objective accounting of acts, the police work more efficiently, and recorded crime is structurally shifted to less dangerous crimes, while in Russia - to serious ones.

In Sweden, for example, last years 8 premeditated murders were registered per 100 thousand of the population, and in Russia - about 22, that is, almost 3 times more. The share of these acts in the structure of recorded crime in Sweden is 0.06%, and in Russia - 1.2, i.e. 20 times higher. Many illegal acts in our country are considered administrative offenses, and in Sweden - crimes.

A similar disparity is observed between most countries. In France, all criminal acts are divided into crimes, misdemeanors and violations. In other countries - on crimes and offenses.

Thirdly, as, for example, in Russia, crimes and administrative offenses are different categories of illegal activity. Incompatibility also exists in the number of index (publicly tracked) types of crimes. There are 8 of them in the USA, 22 in France, 24 in Germany, 70 in England and Wales, etc. Therefore, comparative studies should proceed not only from quantitative, but also from qualitative characteristics, legislative, organizational and others.

General criminological characteristics of crime in different countries and the world as a whole:

• crime exists in all states;
• its dominant motivation is the same everywhere;
• its level in the world and in the vast majority of countries is steadily increasing;
• its growth rate, as a rule, is several times higher than the population growth rate;
• its structure is dominated by encroachments on property, the growth of which is more intense than encroachments on cash;
• the main subjects of crimes are men, especially young ones (at the same time, the process of feminization of crime has been observed for a long time);
• the economic development of countries is not accompanied, as expected, by a decrease in crime;
• the criminal-legal fight against crime is going through a deep crisis;
• the prison practically does not re-educate;
• the death penalty does not curb the growth of crime, etc.

If, on the basis of these common problems for all, we again return to the criminological comparison of Sweden and Russia, then it is clear that over the past 40 years, crime in these countries, differing in level by almost an order of magnitude, has increased almost equally - 6 times.

At present time is running the process of unification, transnationalization and internationalization of crime. This is facilitated both by the positive processes of expanding international relations, the improvement of international relations, the intensification of population migration, the growth of international trade and financial transactions, the unhindered dissemination of information, the increase in the exchange of cultural values, and the negative processes of the exchange of "anti-values" (drugs, alcohol, weapons, pornography, prostitution, etc.).

With all the significant differences in the level of crime in different countries, the first and defining trend in the world is its absolute and relative growth compared to population growth, economic and cultural development, etc. This does not mean that crime in any country is always only growing.

There are countries where it decreases or stabilizes in some periods. For example, in the United States, a slight decrease in crime was observed in 1982-1984, in France - in 1985-1988, in Germany - in 1984-1988, in the USSR - in 1986-1987. Each decline has its own reasons.

The crime rate per 100 thousand inhabitants in 1995 exceeded developed countries 8000, and in developing - 1500. This ratio seems illogical. But this fact is determined by many reasons, including legal, statistical, organizational, socio-economic, etc.

The economic, social, democratic development of countries not only does not lead to an automatic decrease in crime, but is usually accompanied by opposite processes, associated, in particular, with the loss of centuries-old traditional forms of social control. At the same time, there is a slow process of a specific "humanization" of crime, that is, a shift from serious crimes against a person to attacks on property.

In this regard, the American criminologist G. Newman believes that developed and rich countries, despite the clearly higher number of property crimes, in practice can feel the impact of these acts much weaker than poor countries, where the struggle for limited means of subsistence comes to the extermination of people.

He gives an original comparison: if you drop a brick (low crime) into a small puddle (weak economy), then it will all splash out, but if you throw a few bricks into a large pond (developed economy) (high property crime), then the impact of such throws will hardly be noticeable.

Most high level crime and relatively high rates of its growth are registered in the most developed democratic countries. In the 60-90s, crime in the United States increased more than 7 times, in England and Wales - 6 times, in France - 5 times, in the USSR - 3.7 times, in Germany - 3 times, and only in Japan - 1.5 times. The number of crimes per 100 thousand of the population in the United States for eight types of index crime was 6 thousand acts, and for the whole - about 15 thousand, in the UK, France, Germany - 8-10 thousand and in Japan 1.5 thousand.

The Japanese criminological phenomenon is exceptional. Japan not only managed to move to democracy and intensive industrial development without destruction traditional culture, reliable family, community and industrial social control, but also improved and modernized it.

Relatively low crime is recorded in countries with strict social control.

The American criminologist F. Adler, based on the data of the First UN Survey, chose 10 countries, different in terms of economic and democratic development, but with a relatively low crime rate (Algeria, Bulgaria, East Germany, Ireland, Costa Rica, Nepal, Peru, Saudi Arabia, Switzerland, Japan). They had only one thing in common - strict social control over illegal behavior: party, police, religious, clan, communal, industrial, family.

The lowest crime is observed in countries with totalitarian (fascist, religious-fundamentalist, communist and other authoritarian) regimes, where the fight against crime is often carried out by its own methods. But such "effective" control is nothing more than a violation of human rights or an uncriminalized abuse of power against its people. Victims of such abuses are treated as victims of crimes under international instruments.

Their presence repeatedly compensates for the low level of criminality.

Optimal is the strict legal democratic control of crime, implemented with strict observance of human rights.

The general unfavorable dynamics of crime in the world is traditionally affected by different trends in the main groups of crimes - violent and mercenary.

The share of violent crimes in the structure of all crime in the world and in individual countries is small. In different countries, it varies between 5-10% or more. At the same time, one must keep in mind the great incompatibility of data on violent acts. In the United States, four types of violent crimes are considered: intentional murder, rape, assault, and robbery (robbery). The latter is not a purely violent act, but a mercenary-violent act. In Russia, about 50 types of violent crimes are taken into account.

But even such an “ancient” act as premeditated murder is statistically understood differently: in the United States it is counted by victims, while in Russia and in some other countries it is counted by events. In Russia, murders are counted with assassination attempts, while in the US, assassination attempts are classified as an ordinary assault. Both in these countries and in others there are many other features that should be taken into account in comparative studies. But with all the differences, violent, as well as other types of criminal behavior, have common patterns.

Violent crime dynamics tend to be "conservative". It slowly and weakly reacts to situational changes in life, its growth rates are small, and in some countries, especially developed ones, there are tendencies towards stabilization and even decrease.

High homicide rates in both developed and developing countries are found in large cities.

In developed countries, acquisitive or property crimes dominate. Their share in the structure of crime reaches 95% or more. It is these acts that determine the main trend of the intensive growth of crime in general, and especially in developed countries. The growth rate of acquisitive crime, as a rule, is 2-3 times higher than that of violent crime.

In addition to mercenary deeds, juvenile and youth crime is also included among the components of the overall increase in crime in the world; an increase in the public danger of the acts committed and the damage caused; intellectualization of criminal activity, increasing its organization, technical equipment, armament and self-defense of criminals from detention and exposure.

Another major trend in the field of crime is the gradual lag of social control of crime. The reasons can be negative (weakening of the fight against crime) and positive (humanization, democratization and legitimation of this fight).

In the system of "crime - the fight against it" crime is primary. The fight against it is just the response of society and the state to its challenge. The answer is not always timely, adequate, purposeful and effective.

Crime is active, enterprising, it has a market "character". It instantly fills all emerging and accessible niches that are uncontrolled or poorly controlled by society, constantly inventing new sophisticated ways to commit crimes and does not bind itself with any rules.

Law enforcement activities are developed collectively, within the framework of democratic and humanistic institutions and principles, formalized in notary-legal, managerial, operational and procedural decisions, and only then put into practice.

Individual prevention is permissible only within the framework of social, material, psychological and pedagogical assistance to a subject who needs it. But it is unacceptable in terms of any responsibility. Responsibility can be a legitimized reaction of the state to a specific unlawful behavior of the subject. But because of this, society's control over crime objectively lags behind the pace and scale of its growth.

A comparative assessment of the quantitative and qualitative characteristics of crime, its causes and means of prevention in different countries shows that there is much in common. All this suggests that the prevention of crime, the elimination of the causes and conditions that give rise to it, is becoming a common, international problem.

In such a situation, it is advisable in all respects, including economic ones, to unite the efforts of criminologists, to practice the international division of labor more widely in preventive activities, in researching criminological problems that are equally significant within the international community.

The solution of joint preventive programs is being implemented in stages. Among the factors that are taken into account when determining the order of development of certain aspects of this complex problem should be called quantitative and qualitative indicators. They characterize the state, structure, dynamics of certain types of crimes in cooperating countries; circumstances contributing to these crimes; similarities and differences national systems prevention; economic feasibility and the possibility of joint preventive measures.

Of interest is the mechanism of international cooperation in the fight against crime (its directions and forms), which is reflected in the comprehensive strategy created in America to combat international crime. Although this is the first time such a strategy has been formulated, it builds on already existing documents such as the national anti-drug strategy and presidential directives on combating the smuggling of aliens, combating terrorism and improving the safety and security of the storage of nuclear materials.

The new strategy is an important initiative, including from the point of view of enhancing the capabilities of US law enforcement officers in effective cooperation with their foreign counterparts, in particular, in investigating crimes of an international nature and bringing their organizers and perpetrators to justice.

It is planned to conclude new international agreements on the creation of an effective system for the rapid detection, arrest and extradition of wanted international criminals and the adoption of more stringent immigration laws.

The American leadership promises to reconsider its attitude to the fight against international financial crimes. Namely: to prevent the legalization of illegally obtained funds; increase the level of bilateral and multilateral cooperation in the fight against all types of financial crimes; reveal offshore centers international fraud, making counterfeit money, hacking into computer networks and other financial crimes.

New in the activities of law enforcement agencies will be the prevention of exploitation by criminal elements of the international trade system. Special attention will be given to the interception of illegally exported technologies, the protection of intellectual property rights, the fight against economic espionage, the establishment of restrictions on the import of certain harmful substances, dangerous organisms, as well as plants and animals protected by the Red Book.

The flexibility of the system for combating international syndicates will be ensured through active responses to new, unforeseen threats on their part. This will require: strengthening intelligence activities in relation to criminal enterprises and organizations; stepping up measures against crimes related to high technologies and computers; continued analytical work to identify and address vulnerabilities in critical infrastructure and high-level emerging technologies.

In addition to direct cooperation with representatives of law enforcement agencies abroad, American program aims to activate joint activities various states in opposition to international criminals. It is necessary to establish generally accepted norms, goals and objectives for combating them and carrying out active work to ensure their observance and implementation.

The positive aspects of the crime prevention system in economically developed countries are, firstly, their active participation in international anti-criminal cooperation, secondly, the development of national (state) and local crime prevention programs, and thirdly, effective forms of involving the population in the fight against crime.

Summarizing the experience of cooperation between law enforcement agencies and scientific institutions of the countries of Central and Eastern Europe, the USA, Japan in the fight against crime allows us to name the following forms of cooperation as the most effective and practically implemented in modern conditions: mutual consultations with the aim of developing national and international strategies in the field of crime prevention in each of the cooperating countries; planning joint programs to combat the most dangerous types of crimes of an international nature; development of current and long-term cooperation programs in the field of crime prevention; exchange of experience in the organization and implementation of preventive measures.

Here, as practice shows, the most achievable forms of exchange can be: exchange of specialized literature; exchange of information on the methods of committing, concealing and detecting offenses; exchange of information on the means of neutralizing the circumstances conducive to offenses; exchange of results scientific research; exchange of delegations of practical and scientific workers, holding international congresses, seminars, symposiums, colloquia, etc.

The exchange of experience is facilitated by such practiced measures as: expansion of international specialization and cooperation in the development of measures aimed at eliminating the causes and conditions conducive to offenses; development of direct links between law enforcement agencies, scientific organizations; development of existing and creation of new international legal, economic and other organizations that solve problems of general and special prevention of crimes; exchange of specialists; joint preparation of textbooks, monographs, teaching aids, collections of scientific papers, etc.; joint preparation of information, proposals, draft legislative acts; mutual assistance in personnel training; coordination of current and future plans to combat crime; joint scientific research and their implementation in practice.

International cooperation in the field of combating crime and law enforcement, ensuring the protection of human rights and freedoms currently occurs at three levels.

Cooperation at the bilateral level. This makes it possible to more fully take into account the nature of relations between the two states, their interests on each issue. At this level most widespread received legal assistance in criminal cases, the extradition of criminals, the transfer of convicted persons to serve their sentences in the state of which they are citizens.

Cooperation of states at the regional level. This is due to the interests and nature of relations between these countries (for example, among the member countries of the Council of Europe, the CIS).

Cooperation of states within the framework of multilateral agreements (treaties). The main content of multilateral agreements (treaties) on the joint struggle against certain crimes is the recognition by the parties of these acts on their territory as criminal and ensuring the inevitability of their punishment.

The main directions of international cooperation in the fight against crime:

• conclusion and implementation of agreements on combating crimes of international danger;
• providing legal assistance in criminal cases, including extradition;
• development of international norms and standards that ensure the protection of human rights in the field of law enforcement;
• regulation of issues of national and international jurisdiction
• recognition and use of decisions of foreign authorities in administrative and criminal cases;
• interaction in the prevention, detection, suppression and disclosure of crimes.

This is primarily about:

• violent crimes against the life, health, freedom and dignity of the individual, as well as against property;
• terrorist acts;
• corruption and organized crime activities;
• illegal circulation of weapons, ammunition, explosive and poisonous substances, as well as radioactive materials;
• illegal production and circulation of narcotic drugs and psychotropic substances, as well as substances used in the process of their manufacture;
• economic crimes, including the legalization of proceeds from criminal activity;
• production and sale of counterfeit banknotes, documents, securities and non-cash payments;
• criminal attacks on cultural and historical values;
• transport crimes;
• protection of public order;
• logistical support for the activities of the parties;
• training and advanced training of personnel.

Implementation of the main provisions of international cooperation

in the fight against crime occurs in the following forms:

• exchange of information about planned or committed crimes and persons involved in them;
• execution of requests for conducting operational-search measures and investigative actions;
• search for persons hiding from criminal prosecution or execution of a sentence, as well as missing persons;
• exchange of information on new types of narcotic drugs and psychotropic substances that have appeared in illicit circulation, on the technologies for their manufacture and the substances used in this, as well as on new methods of research and identification of narcotic drugs and psychotropic substances;
• exchange of work experience, including conducting internships, consultations and seminars;
• exchange of legislative and other normative-legal acts;
• exchange on a mutually beneficial basis of scientific and technical literature and information on the activities of the parties.

The same Council coordinates the cooperation of states in the prevention of crime. The problems of combating crime have been repeatedly discussed at sessions of the UN General Assembly, at meetings of the UN Economic and Social Council, and in the Committee on Crime Prevention and Control. Member States of the United Nations submit annually Secretary General reports on the state of crime in their countries, on the system for combating certain types of crime.

In turn, the UN publishes special statistical collections on the state, structure, dynamics of crime in the world, criminal policy, and features of national legislation. The UN General Assembly is the initiator of the development of international and national programs to combat the most dangerous and widespread types of crime.

In her field of vision, in particular, there were issues of combating juvenile and youth crime, economic crime, the problems of drug trafficking, money laundering, acquired by criminal means, etc.

The commission (committee) submits to ECOSOC recommendations and proposals aimed at a more effective fight against crime and humane treatment of offenders. The General Assembly, in addition, assigned to this body the functions of preparing once every 5 years the UN congresses on the prevention of crime and the treatment of offenders.

The UN Congresses play a major role in the development of international rules, standards and recommendations for crime prevention and criminal justice. To date, 9 congresses have been held, the decisions of which have significantly advanced the issues of international cooperation on a reliable scientific and legal basis.

In 1971, the Committee (including 27 experts) for the Prevention and Control of Crime was created and is still operating.

It is a member of the UN Council on Economic and social problems. The functions of the Committee include: development of UN policy in the field of crime control, development of target programs, provision of advisory assistance to the Secretary General and UN bodies, preparation of international congresses and regional meetings, development of information materials and draft resolutions on crime prevention.

The Committee interacts with voluntary societies, non-governmental organizations for the prevention of crime of the United Nations, periodically publishes reviews on trends in the field of crime and measures to prevent crime. In order to avoid the distorting effect on statistics of differences in national criminal legislation, such types of crimes as intentional homicide, reckless homicide, assault, kidnapping, drug-related crimes, bribery and corruption are distinguished.

Among the subjects of work on cooperation in the fight against crime are non-governmental organizations that have consultative status with the UN: International Association Criminal Law (IAUP), International Society of Criminology (ISC), International Society social protection(ISPO) and the International Criminal and Penitentiary Fund (ICPF).

Their work is coordinated International Committee for coordination (ICC). It is usually called the "Committee of Four" and synthesizes all major studies and works in contact with the United Nations Vienna Centre. In fact, it has been operating since 1960, and legally since 1982.

The joint actions of four international organizations seriously influence the international policy of the United Nations in the field of combating crime. The activities of the "Committee of Four" are connected primarily with the functioning of the international community in preparation for the UN congresses. It has consultative status with ECOSOC, and also prepares colloquia, coordinates the work of associations, invites other international organizations to cooperate with UN centers, advises the UN Drug Abuse Control Fund, cooperates with the World Society of Victimology and the World Federation of Mental Health.

One of the most influential international organizations involved in ensuring cooperation in the fight against crime is the ICO. It is an association of national institutions and specialists. The main goal of the MCO, according to the Charter of the organization, is to promote the study of crime in international level, bringing together the efforts of scientists and practitioners in the field of criminology, forensic science, psychology, sociology and other disciplines.

As part of its activities, the ICE organizes international congresses, seminars, colloquia, publishes their materials; assists in scientific exchange between national scientific and educational centers; organizes international criminological advanced training courses for scientific personnel; organizes, together with other international organizations and national scientific institutions, regional international criminological centers; establishes and appoints scholarships and awards to stimulate the development of criminological science.

A special place in international cooperation is occupied by international organization criminal police(Interpol). It was created in 1923 in Vienna at first as an international commission of the criminal police. It was revived after the Second World War, in 1946, in Paris, and since 1989 Lyon has been its seat.

From a non-governmental organization, Interpol has turned into an intergovernmental organization and currently unites more than 170 states (including Russia), yielding in representativeness only to the UN, whose members are about 180 states.

Unlike other international organizations, Interpol has a National Central Bureau (NCB) in every country. According to the charter, Interpol ensures and develops mutual cooperation between criminal police bodies within the framework of the laws in force in their countries, creates and develops institutions that can contribute to the prevention of criminal crime. His main job is organizing cooperation in specific criminal cases, i.e. receiving, analyzing and transmitting information from and for the NCB.

The main activity of Interpol is the fight against:

• organized crime;
• international terrorism;
• theft of property;
• serious crimes against a person;
• counterfeiting and forgery;
• drug business.

The exchange of information, experience, assistance in the search and detention of criminals, the development and implementation of Interpol's preventive programs are becoming increasingly important as crime internationalizes. The creation of a united Europe, the opening of borders and visa-free travel within the European community will require additional efforts by international units to combat crime. Within the framework of Interpol, a Europol department was created to combat hostage-taking, counterfeiting, buying stolen goods, sending gold, selling weapons and bank checks.

The UN and other international intergovernmental and non-governmental organizations are making great efforts to organize and implement effective international cooperation to prevent and combat crime.

They own colossal databanks, normative materials, data from criminological and criminal-legal, criminal-political studies, which can be used by each country for the purpose of more effective fight with national and transnational crime.

International cooperation in the fight against crime.

Necessity, directions and legal bases of cooperation of the states in struggle against criminality.

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

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

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

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

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

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

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

Main types international obligations states in the fight against crime.

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

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

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

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

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

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

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

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

International Criminal Police Organization (Interpol).

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

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

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

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

The highest governing body of Interpol is the General Assembly.

Bibliography

International Law: A Textbook for High Schools. - 2nd ed., rev. and additional / Rev. ed. prof. G.V.

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

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

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

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

20. Fight against drug trafficking

The international fight against drug trafficking is one of the most topical transnational problems. The scale of drug trafficking is now so extensive, and the funds received from such activities are so large, that it threatens the economy and security of many countries in Asia and Latin America, whose law enforcement agencies are powerless to do anything. The lion's share in drug trafficking belongs to international criminal syndicates, which have concentrated hundreds of billions of dollars in their hands. The annual volume of profits from the illegal drug trade has become the second largest in the world after the arms trade, ahead of the oil trade. This allows the drug mafia to intervene more and more actively in the political and economic life many countries. No single country can count on success in the fight against the drug mafia without extensive international cooperation.

Such cooperation began at the beginning of the century and developed quite rapidly. The first multilateral international convention on opium was signed in The Hague on January 23, 1912. Cooperation continued quite actively within the framework of the League of Nations. However, it gained its widest scope after the creation of the United Nations. When the Single Convention on Narcotic Drugs was signed in New York in March 1961, it replaced nine previous agreements on various drug control issues. In the Single Convention, states recognized that all transactions with narcotic drugs committed in violation of the provisions of the Convention would be prosecuted with confiscation of both the drugs themselves and the equipment used or intended for their manufacture.

10 years later, in February 1971, the Vienna Convention on Psychotropic Substances was adopted, which establishes control over psychotropic substances that can have a strong effect on the central nervous system. According to the Convention, those found guilty of violating it must be prosecuted by states.

A year later, the Economic and Social Council of the United Nations convened a new conference in Geneva, which adopted on March 25, 1972, the Protocol amending the 1961 Single Convention on Narcotic Drugs. The protocol significantly expanded the scope of the convention, including in terms of the prosecution and punishment of persons who committed crimes.

A little time has passed, and the development of cooperation between states has shown that the adopted documents do not meet the growing requirements.

The worsening situation with regard to drug trafficking in recent years has called for greater international attention to the problem. This problem is constantly in the field of view of the UN, its specialized agencies - WHO, UNESCO, ILO, dozens of other international intergovernmental and non-governmental organizations.

In 1981, the UN General Assembly adopted the International Strategy for the Control of Drug Abuse, the implementation of which is entrusted to the Commission on Narcotic Drugs.

In 1983, the General Assembly called specialized agencies and other organizations and programs of the UN system to identify specific drug control activities in their respective areas of activity and to give more attention to such activities.

In 1984, the General Assembly unanimously adopted three resolutions concerning the strengthening of international drug control. One of them emphasized, in particular, the importance of comprehensive, concerted regional and universal action.

In 1985, the General Assembly unanimously decided to convene an international ministerial conference in 1987 on combating drug abuse and illicit traffic. The conference, which was held in Vienna in June 1987, adopted a program of cooperation between states on the entire range of issues related to the fight against drug addiction, as well as a political declaration on this issue. The 1987 conference was a kind of preparation for the conference for the adoption of a new convention, which took place in Vienna in November - December 1988. The Conference adopted the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which entered into force on November 11, 1990.

Unlike the documents of 1961 and 1972, the new convention focuses on the adoption of international legal measures to curb the illicit drug trade and ensure the inevitability of punishment for criminals. It provides for the possibility of seizure and confiscation of foreign property, income, bank accounts, if there are grounds for this, and is aimed at enhancing cooperation between law enforcement agencies of different countries in this area. The Convention provides for a number of new forms of cooperation, for example, the use of the controlled delivery method, which has become quite widely and successfully used in international practice. The meaning of the method lies in the fact that the relevant authorities of the state, having discovered the illegal transportation of drugs, do not detain the carrier, but enter into covert contact with their counterparts in the country where the cargo is going. Thus, it is possible to identify not only the carrier, but also the recipients of the cargo, and sometimes a more complete chain of criminals involved in the drug business. The convention also contains special provisions establishing the procedure for cooperation between states in cases where ships flying the flag of a state or not carrying the flag or identification marks indicating their registration are used for drug trafficking.

International cooperation in the field of combating crime is carried out within the framework established by individual countries, on the basis of existing international agreements, national legislation, technical capabilities and, finally, the goodwill of all interested parties. It is an integral part of international relations. Even those states that do not have close political and economic contacts, as a rule, do not neglect contacts in the field of combating crime.

Forms of international cooperation in the field of combating crime are very diverse:

1) assistance in criminal, civil and family matters;

2) the conclusion and implementation of international treaties and agreements to combat crime, and above all transnational crime;

3) execution of decisions of foreign law enforcement agencies in criminal and civil cases;

4) regulation of criminal legal issues and individual rights in the field of law enforcement;

5) exchange of information of mutual interest to law enforcement agencies;

6) conducting joint scientific research and development in the field of combating crime;

7) exchange of experience in law enforcement work;

8) assistance in training and retraining of personnel;

9) mutual provision of logistical and advisory assistance. Strategic issues of international cooperation in the field of combating crime are being addressed by the United Nations. The UN develops basic standards, principles, recommendations, formulates international norms in defense of persons accused of crimes and persons deprived of their liberty.

A form of international cooperation in the fight against crime is regular meetings of the ministers of justice, police and security services. The meeting of these departments is being prepared by working groups of experts.

In September 1992, the Ministers of the Interior and Justice of the states of the European Community decided to create Europol- body of police cooperation with headquarters in Strasbourg. The main task of Europol- organizing and coordinating the interaction of national police systems in the fight against terrorism, control over the external borders of the European Community.

To combat criminal groups in Europe, a special Antimafia group was created, whose tasks include analyzing the activities of mafia groups and developing a pan-European strategy to counter the mafia.

Interpol, created on September 7, 1923, is not only an organization of the criminal police. Other law enforcement agencies also turn to her services. And the criminal police are now understood as functions, and not the organ system itself.

Annually in Russia and other countries are held international conferences, seminars, meetings of experts, where Russian legal problems are considered not by themselves, but in the context of pan-European problems of strengthening law and order.

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

2. The main areas of international cooperation between states.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Montreal Convention for the Suppression of Unlawful Acts Against Security civil aviation 1971;

Convention on Narcotic Substances 1961;

Convention on Psychotropic Substances 1971;

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

Convention on the Prevention and Punishment of Crimes against Users international protection, including diplomatic agents 1973;

International Convention Against the Taking of Hostages, 1979;

Physical Protection Convention nuclear material 1980;

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

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

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

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

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

c) establishing jurisdiction over crimes and criminals;

d) ensuring the inevitability of punishment;

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

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

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

At the Congress of Vienna in 1815, the first act was adopted to prohibit the trade in slaves, but the provisions to combat the slave trade were more clearly enshrined in the Slavery Convention of 1926. In 1956, at the Geneva Conference, a Supplementary Convention was adopted on the prohibition of slavery, the slave trade and institutions and practices similar to slavery.

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

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

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

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

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

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

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

The agreements provide for such types of legal assistance in criminal cases as the delivery and forwarding of documents, the provision of information about the current law and judicial practice, interrogation of the accused, defendants, witnesses, experts, conducting examinations, transfer of material evidence, criminal prosecution, extradition of persons who committed crimes.

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

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

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

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

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

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

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

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

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

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

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

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

The introduction of a single European order provided for the Framework Decision of the Council of the European Union "On the European arrest warrant and procedures for the transfer of persons between Member States", adopted on June 3, 2002 as a result of the work carried out following the results of the extraordinary summit of the European Union in Tampere (Finland) on October 15-16, 1999, which adopted the concept of mutual recognition of judgments by the Member States of the European Union.

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

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

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

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

If the location of the “wanted person” is unknown, then the Schengen Information System, as well as Interpol, can be used to establish it. Subsequently, the “wanted person” is subject to transfer to the judicial authority that issued the warrant for him.

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

If the detainee declares consent to his transfer, then given consent and, where appropriate, an express declaration waiving the use of the specificity rule shall be given by it to the judicial authority executing the warrant, in accordance with the internal law of the executing Member State.