International law enforcement agencies and organizations. Cooperation of law enforcement agencies of various states in the investigation

The international cooperation law enforcement in the field of combating crime

Numerous bilateral and multilateral international conventions and other treaties on the fight against ordinary crime and crimes of an international nature are already in force today. Back in 1889, the International Criminal Law Union for the first time stated the emergence of international crime and called on the police services to different countries undertake joint international actions for the prevention and suppression of crime. Since 1946, Interpol has been carrying out activities to prevent and suppress common crime based on the principle of sovereign equality of the participating states, non-interference in their internal affairs, respect for human rights and freedoms with strict observance general principles international law".

The authorized body for the implementation of international agreements on the provision of legal assistance in civil, family and criminal cases, ensuring the rule of law in this area is the Prosecutor's Office.

The General Prosecutor's Office of the Republic of Kazakhstan is the central competent institution for the execution of applications of foreign states on the provision of mutual legal assistance and ensuring the rights and legitimate interests of foreign citizens and legal entities on the territory of the republic.

In accordance with paragraphs. 8 p. 5 art. 12 of the Law ʼʼOn the Prosecutor's Officeʼʼ The General Prosecutor's Office of the Republic of Kazakhstan represents the prosecution authorities in the field of international cooperation, which allows it, within its competence, to carry out direct relations with the relevant authorities of other states and international organizations, cooperate with them, conclude agreements on legal assistance and the fight against crime, participate in the development of international treaties. The prosecutor's office makes a decision on the extradition of the requested person, applies to the bodies of the Ministry of Internal Affairs of the Republic of Kazakhstan with a request for detention and transfer, informs the requested party of the necessary information.

This area of activity of the prosecutor's office has acquired particular relevance and practical significance since the acquisition of sovereignty by the republic.

Assistance in the implementation of this practice and the incorporation of such acts into national legislation is also one of the basic tasks of the Coordinating Council of Prosecutors General. The need to strengthen the fight against crime required further improvement of the coordinating activities of the prosecutor's offices of the CIS. In this regard, in ᴦ. Moscow January 25, 2000 ᴦ. The Regulations on the Coordinating Council of Prosecutors General of the Commonwealth of Independent States were adopted, approved by the decision of the Council of Heads of State of the CIS.

The main tasks of the Coordinating Council are: harmonization and unification of efforts, coordination of actions, expansion of cooperation between the prosecutor's offices of the CIS member states in protecting the rights and freedoms of citizens, strengthening law and order, combating crime; development of proposals for the convergence of national legislation; participation in the development of the legal framework of the CIS. By the decision of the Coordinating Council of the Prosecutors General of the CIS Member States dated May 22, 2003 ᴦ. the Rules of Procedure, the Regulations on the Secretariat and the Regulations on the Scientific and Methodological Center of the Coordinating Council of Prosecutors General were adopted.

In accordance with the norms of international treaties ratified by the Republic of Kazakhstan and Chapter 55 of the Code of Criminal Procedure of the Republic of Kazakhstan, the prosecution authorities are vested with exclusive powers on extradition, criminal prosecution, execution of investigative orders that affect the rights of citizens and require the authorization of the prosecutor. From year to year, international cooperation with far-abroad countries is expanding. Expanding the scope of its cooperation, the prosecutor's office of Kazakhstan in 1998 ᴦ. joined the International Association of Prosecutors (IAP) as a full member and took part in its conferences (Beijing and Cape Town). The International Association of Prosecutors was founded on June 6, 1995 ᴦ. and it includes 54 states. The Association promotes the creation and implementation of legal reform projects, the fight against transnational crime, and also directs its efforts to achieve an effective and fair administration of justice, to provide advice and protect human rights.

Also, the Prosecutor General of the Republic of Kazakhstan is a member of the Council of Prosecutors General of the member countries of the Shanghai Cooperation Organization (SCO). Working expert groups of the General Prosecutor's Office in cooperation with colleagues from foreign countries take an active part in the development of decisions on the problems of regional cooperation between law enforcement agencies. Within the framework of the SCO, the Republic of Kazakhstan is a party to the Shanghai Convention on combating terrorism, separatism and extremism, and is actively working on the creation of a regional anti-terrorist center in ᴦ. Bishkek.

Τᴀᴋᴎᴍ ᴏϬᴩᴀᴈᴏᴍ, the main areas of prosecutorial supervision in the field of international cooperation are:

1. provision of legal assistance in criminal cases, extradition and transit.

2. transfer of a person sentenced to deprivation of liberty to serve the sentence in the state of which he is a citizen;

3. development of international agreements in the criminal law sphere;

4. supervision of the legality of the conclusion, execution and denunciation of international treaties by state bodies;

5. coordination of the work of the prosecutor's office with foreign and international organizations;

6. other issues of an international nature that fall within the competence of the prosecutor's office.

Consideration of requests from other states and international organizations accredited in the territory of the Republic of Kazakhstan is coordinated and carried out by the Department of International Cooperation of the General Prosecutor's Office of the Republic of Kazakhstan.

Supervision in the field of international legal cooperation should ensure:

1. observance of the rights and freedoms of man and citizen, the interests of society and the state protected by law in the process of concluding, executing and denouncing international treaties by state bodies;

2. ensuring the rights and freedoms of foreign citizens and stateless persons on the territory of the Republic of Kazakhstan;

3. legality of the conclusion, execution and denunciation of international treaties by state bodies and officials of the Republic of Kazakhstan;

4. fulfillment of the international obligations of the Republic of Kazakhstan on the provision of legal assistance in criminal cases, the extradition of persons who have committed crimes, the implementation of criminal prosecution, the transfer of a person sentenced to imprisonment to serve a sentence in the state of which he is a citizen, transit, as well as consideration other documents of an international legal nature;

5. implementation of international cooperation of the prosecution authorities of the Republic of Kazakhstan with the competent authorities of the countries of near and far abroad, international organizations and communities.

Cooperation of other law enforcement agencies with special services and bodies of foreign states, international law enforcement organizations is carried out on the basis of international treaties of the Republic of Kazakhstan.

Bodies of other states that have been granted the right to carry out operational-search activities interact and carry out operational-search activities on the territory of the Republic of Kazakhstan in the manner and within the limits established by law and relevant treaties and agreements. The bodies of the Republic of Kazakhstan, carrying out operational-search activities, interact and conduct operational-search activities in the territories of other states in the manner and within the limits established by law, as well as the legislation of these states on the basis of relevant treaties and agreements.

The main provisions on the procedure for the interaction of bodies conducting criminal proceedings with competent institutions and officials of foreign states in criminal cases are regulated by Chapter 55 of the Code of Criminal Procedure of the Republic of Kazakhstan. Formation of sovereign states in the territory former USSR, democratization of the life of society significantly expanded the international contacts of the Republic of Kazakhstan, simplified the entry and exit of citizens abroad. Unfortunately, individuals who have committed crimes skillfully exploit differences in legal systems ah countries, fugitives from justice outside their countries, and often get the opportunity to avoid responsibility. In the current situation, it is necessary to unite the efforts of the law enforcement agencies of many states to expose the criminals.

Crime knows no boundaries, in connection with this, the expansion of international cooperation in this area has become inevitable and the prosecutor's offices of the CIS countries have to jointly solve problems related to the organization of the fight against crime and violations of the established legal order. Over the years of the formation of sovereignty, Kazakhstan paid Special attention issues of interaction with other states in the fight against crime, especially within the CIS.

The program of joint measures to combat organized crime and other dangerous species crimes (1993 ᴦ.), the legal basis for which was the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed by the heads of state of the Commonwealth in Minsk. In the context of transparent borders, a difficult socio-economic situation in many CIS countries, there was a search for new forms of cooperation aimed at improving information support, harmonization of the legal framework, the implementation of specific agreed-upon measures by law enforcement agencies in the course of investigating cases, and the effective implementation of prosecutorial supervision.

In this regard, in May 1996 ᴦ., by the decision of the Council of Heads of State, a new Interstate program of joint measures to combat organized crime and other types of dangerous crimes on the territory of the CIS member states was approved. She played a noticeable positive role in establishing and expanding the interaction between law enforcement agencies of the Commonwealth. Largely due to it, joint work in the law enforcement sphere has become more dynamic, covering a wide range of issues in relations between states.

January 25, 2000 ᴦ. The Council of Heads of State of the Commonwealth approved the Interstate Program of Joint Measures to Combat Crime, in accordance with which the Government of the Republic of Kazakhstan developed national plan actions to implement it. In organizational terms, in contrast to past practice, for the implementation of the program and many of the planned specific activities, along with the Commonwealth states, industry inter government bodies, including the Coordinating Council of Prosecutors General.

It is important to note that by joining the international conventions, Kazakhstan has assumed a number of important obligations. In particular, in accordance with the Vienna Convention on Consular Relations (1963 ᴦ.), the republic guaranteed to notify foreign diplomatic missions on the detention of foreign citizens who have committed offenses on the territory of Kazakhstan. In accordance with the Constitution of the Republic of Kazakhstan, foreigners and stateless persons in the Republic enjoy the rights and freedoms, and also bear the obligations established for citizens of the Republic of Kazakhstan, unless otherwise provided by the Constitution, laws, international treaties. Foreign citizens in the Republic of Kazakhstan are persons who are not citizens of the Republic of Kazakhstan and who have evidence of their belonging to the citizenship of another state.

By general rule foreign citizens are liable for all offenses (crimes) on an equal basis with citizens of the host country and according to the laws of this state. Some categories of foreigners, by virtue of their official position, international status, enjoy immunity (immunity). The list of such persons is provided for by the Vienna Convention on Diplomatic Relations, enshrined in the Code of Criminal Procedure of the Republic of Kazakhstan. At the same time, in practice, difficulties may arise related to the interpretation of certain provisions of laws in relation to a specific foreigner detained on suspicion of committing an offense. In this case, information about the presence of immunity is obtained through the Ministry of Foreign Affairs of the Republic of Kazakhstan.

Interstate relations on issues of criminal prosecution of citizens are based on agreements on legal assistance in criminal cases. The vast majority of treaties concluded and ratified by the republic are bilateral. Criminal prosecution, as a rule, is carried out at the initiative of the prosecutor, investigator, interrogating officer and is the right of the state, ĸᴏᴛᴏᴩᴏᴇ is carried out through the decision of the Prosecutor General of the Republic of Kazakhstan. International treaties do not contain a definition of the concept of ʼʼcriminal prosecutionʼʼ. It is given in the national legislations of the states. In the Republic of Kazakhstan, it is defined by paragraph 13 of Art. 7 Code of Criminal Procedure of the Republic of Kazakhstan.

Considering the dependence of the place where the crime was committed and the citizenship of the person suspected (accused) of committing a crime, criminal prosecution is carried out on behalf of a competent institution of a foreign state or on behalf of the Prosecutor General of the Republic of Kazakhstan, or a prosecutor authorized by him in a centralized manner through communication through the competent institutions of justice. In the absence of an Agreement on Legal Assistance, the Parties may invoke the principle of reciprocity, when one of the Parties undertakes to carry out criminal prosecution on behalf of the other Party. This principle is reflected in paragraph 1 of Art. 521 Code of Criminal Procedure of the Republic of Kazakhstan.

Τᴀᴋᴎᴍ ᴏϬᴩᴀᴈᴏᴍ, criminal prosecution in the field of international cooperation should be understood as an act of legal assistance between states based on the provisions of international treaties or on the principle of reciprocity and the norms of national legislation, if there is an order to carry out criminal prosecution against a certain person involved as a suspect or the accused to ensure the inevitability of punishment for the crime committed.

Criminal prosecution of a citizen of the Republic of Kazakhstan who committed a crime in the territory of a foreign state and located in the territory of Kazakhstan is carried out by applying to the competent institution of a foreign state for the implementation of criminal prosecution of a citizen of the Republic of Kazakhstan.

Criminal prosecution of a foreign citizen who has committed a crime in the territory of the Republic of Kazakhstan and left it is carried out by the body conducting the criminal process, which is in charge of the case. In particular, a reasoned decision is issued to suspend the proceedings on the case, as well as a decision to transfer the criminal case according to jurisdiction or jurisdiction; each of the documents in the file is certified and sealed with a stamp; attached translation of documents and criminal case (material), drawn up in Kazakh or Russian, into official language of the requested Party or into the language established by an international agreement.

One of the important tools in the implementation of criminal prosecution is the extradition of persons who have committed crimes. Note that the terms ʼʼextraditionʼʼ and ʼʼextraditionʼʼ, widely used in the legal literature, are synonymous words. The essence of the institution of extradition (extradition) expresses the generally recognized principle - ʼʼaut dedre aut judi sageʼʼ - a person who has committed a crime must suffer severe punishment in order to prevent the commission of a crime, either in the country where he was detained, or in the country most affected by the crime.

Extradition (extradition) is an act of international legal assistance, which consists in the relationship between sovereign states in order to bring a person who has committed a crime to criminal liability or to enforce a court sentence. The subject of extradition must be a natural person accused of a crime (accused) or convicted of a crime (convicted). A person is subject to extradition provided that he is punishable under the criminal legislation of the contracting parties. In all cases, according to international treaties, persons who have committed crimes related to drugs, terrorism and hijacking are subject to extradition, regardless of the punishment.

Τᴀᴋᴎᴍ ᴏϬᴩᴀᴈᴏᴍ, extradition (extradition) should be understood as an act of legal assistance between states, based on the provisions of international treaties and the norms of national legislation, if there is a request for extradition, consisting in the process of transferring an accused or convicted person in order to bring him to criminal responsibility or to bring him to enforcement of a judgment that has entered into force.

An important provision on extradition contains Art. 8 of the Criminal Code of the Republic of Kazakhstan that citizens of the Republic of Kazakhstan, foreigners and stateless persons who have committed a crime outside the Republic of Kazakhstan can only be extradited in accordance with an international treaty of the Republic of Kazakhstan. The international contractual practice of Kazakhstan follows the path of non-extradition of its own citizens for crimes committed by them earlier outside of Kazakhstan. Moreover, the Constitution (Article 11), the Law ʼʼOn Citizenshipʼʼ (Article 8), and the Criminal Code (Part 1 Article 8) stipulate that the Republic of Kazakhstan adheres to the principle of non-extradition of its own citizens. The reason for non-extradition lies in the generally recognized principle of respect for state sovereignty and in the mutual responsibility of the individual and the state.

However, refusal to extradite persons who have committed a crime does not always mean that a person who has committed a crime in the territory of another state remains unpunished. It is possible to carry out criminal prosecution against him by sending a criminal case to the competent institution of the requested Contracting Party. This practice is typical for cases where extradition is denied on the grounds of belonging to the nationality of a particular state.

The fundamental document for the implementation of extradition is the request for extradition. An extradition request is an official interstate document issued by the Prosecutor General or a prosecutor authorized by him, addressed to a competent official of a foreign state.

Within seventy-two hours from the moment of detention, the issue of the application of extradition arrest must be resolved by sending the relevant petition of the prosecutor to the court. When deciding on the application of extradition arrest, one should carefully read "all the materials containing the grounds for applying the arrest" to find out, including by questioning the detainee, the purpose of his arrival in the Republic of Kazakhstan, place, time of residence and registration, citizenship, the circumstances of his criminal prosecution.

When a person sentenced to deprivation of liberty, who is not a citizen of the Republic of Kazakhstan, applies to the prosecutor's office of the region with an application for transferring him to a foreign state for further serving the sentence, the prosecutor's office of the region submits to Prosecutor General's Office Republic of Kazakhstan necessary materials in relation to the convict, provided for by national legislation and international treaties.

International cooperation of law enforcement agencies in the field of combating crime - the concept and types. Classification and features of the category "International cooperation of law enforcement agencies in the field of combating crime" 2017, 2018.

The history of the activities of international criminal courts goes back several decades. The first successful experience in this area was "International military tribunal to try and punish the main war criminals of the European Axis".

The Tribunal was created in accordance with the Agreement concluded on August 8, 1945 between the Governments of the USSR, the USA, Great Britain and the Provisional Government of the French Republic, and acted on the basis of the Charter. The parties appointed four chief prosecutors (one from each participating State) to investigate and prosecute major war criminals. The functions of a defense counsel were performed at the request of the defendants by any lawyer who had the right to speak in court in his home country, or any person authorized to do so by the Tribunal.

The Tribunal consisted of four members and their deputies appointed by the parties.

The Tribunal was empowered "to try and punish persons who, acting in the interests of the European Axis countries, individually or as members of an organization, have committed crimes against peace, war crimes, crimes against humanity." When considering the case of any individual member of a particular group or organization, the Tribunal could find that the group or organization of which the defendant was a member was a criminal organization. In this case, the competent national authorities of each of the parties had the right to bring to trial the national, military or occupation tribunals for belonging to that group or organization.

The meetings of the Tribunal were held in the following order. First, the indictment was announced. The Tribunal then asked the defendants whether they pleaded guilty. Then the prosecutor made an opening speech. The Tribunal questioned the prosecutors and defense attorneys regarding motions for the production of evidence, after which the Tribunal rendered a determination on those motions. Next, witnesses for the prosecution were interrogated, and then witnesses for the defense, after which the prosecutors or defense lawyers presented their evidence. The Tribunal asked questions of witnesses and defendants. During the trial, the prosecution and the defense interrogated witnesses and defendants. After that, the defenders made a defense speech, and the accusers - an accusatory speech. Finally, the defendants gave their last word, and the Tribunal rendered its verdict.

The Tribunal sentenced several major war criminals to death; the rest - to imprisonment.

In 1946, to punish the main war criminals of Japan, was established International Military Tribunal for the Far East. The Tribunal acted on the basis of the Charter. The procedure for the establishment of this Tribunal was somewhat different from the International Military Tribunal for the trial and punishment of the main war criminals of the European Axis countries, but the proceedings were similar.

A new stage in the development of international criminal courts began in the 1990s. In 1993 was created International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 The territorial jurisdiction of the Tribunal extends to the territory of the former Yugoslavia. The temporal jurisdiction of the International Tribunal shall extend to the period beginning January 1, 1991.

Although the Tribunal and the national courts have concurrent jurisdiction, the jurisdiction of the Tribunal takes precedence over the jurisdiction of the courts of States. However, at any stage of the proceedings, the Tribunal may formally request the national courts to transfer the proceedings to the Tribunal.

Since 1995, several dozen people who committed crimes in Yugoslavia have been convicted. The Tribunal has repeatedly been justly criticized for bias and "double standards".

The powers of the Tribunal expired in 2010.

International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda, and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring States, since 1 January 1994 to December 31, 1994, established by the UN Security Council, functions in accordance with the provisions of the 1994 Statute of the International Tribunal for Rwanda. The procedures for the establishment and operation of the Tribunal for Rwanda are similar to those provided for in the Statute of the Tribunal for the former Yugoslavia.

A new step in the development of international justice was the adoption on July 17, 1998 in Rome of the Statute International Criminal Court. In contrast to the earlier established "on a case-by-case" military tribunals, the Court is a permanent body and has jurisdiction over individuals perpetrators of: the crime of genocide; crimes against humanity; war crimes; aggression. Russia signed the Statute in 2000, but ratification has been delayed. The United States completely withdrew its signature from this document. So the activities of the court are complicated by the non-participation of the largest states in it.

The Court consists of the following bodies: Presidium; Appellate Division. Trial Division and Pre-Trial Division; Office of the Prosecutor; Secretariat.

The Court is composed of 18 judges. The Appellate Division of the Court shall consist of the President and four additional judges, the Trial Division of at least six judges and the Pre-Trial Division of at least six judges. The judicial functions of the Court are carried out in each division by chambers. The Appeals Chamber is composed of all the judges of the Appeals Division. The functions of the Trial Chamber are carried out by three judges of the Trial Division. The functions of the Pre-Trial Chamber shall be exercised either by three judges of the Pre-Trial Division or by one judge of that Division, in accordance with the Statute and the Rules of Procedure and Evidence.

Judges shall not engage in any activity that may interfere with the exercise of their judicial functions or may cast doubt on their independence.

The Office of the Prosecutor operates independently as a separate organ of the Court. It is responsible for receiving transmitted situations and any substantiated information about crimes within the jurisdiction of the Court, for studying them and for carrying out investigations and prosecutions before the Court. The office is headed by a prosecutor. The Prosecutor has full authority to direct and manage the Office. The prosecutor is assisted by one or more deputies. The prosecutor and deputy prosecutors must be citizens of different states.

The Registry is responsible for the non-judicial aspects of the administration and maintenance of the Court. The Registry is headed by a Registrar, who is the chief administrative officer of the Court. The judges elect the secretary by an absolute majority by secret ballot.

The investigation procedure, based on information about warnings within the jurisdiction of the Court, is initiated by the public prosecutor. He requests that the Pre-Trial Chamber be authorized to conduct an investigation, together with any materials collected in support of this request. If the Chamber considers that there are sufficient grounds for initiating an investigation and that the case falls within the jurisdiction of the Court, it authorizes the initiation of an investigation, which is carried out by the public prosecutor.

The initial proceedings before the Court proceed as follows. After the transfer of a person to the Court or the voluntary appearance of a person before the Court, the Pre-Trial Chamber certifies that the person has been informed of the crimes he is alleged to have committed and of his rights. The Pre-Trial Chamber then holds a confirmation hearing on the charges against which the prosecutor intends to seek a trial. The hearing is held in the presence of the prosecutor and the accused, as well as his defense counsel. The Pre-Trial Chamber determines, on the basis of a hearing, whether there is sufficient evidence to establish substantial grounds for believing that the individual committed each of the offenses with which he is charged. The Chamber affirms charges for which it has determined sufficient evidence exists and refers the person to one Trial Chamber or another for trial on the approved charges.

Once a case is scheduled for hearing, the Trial Chamber appointed to hear the case determines the order of the trial. At the beginning of the proceedings, the Trial Chamber shall read to the accused the charges previously approved by the Pre-Trial Chamber. The Chamber makes sure that the accused understands the content of the charges. It gives the accused the opportunity to plead guilty or plead not guilty. The burden of proving the guilt of the accused lies with the prosecutor. Participants in the process present evidence.

The trial is public, but closed hearings may be held.

The decision shall be rendered in writing and contain a full and reasoned statement of the conclusions of the Trial Chamber on the basis of evidence and conclusions. The decision can be appealed to the Appeals Chamber, which reverses or modifies the decision or sentence; or orders a new trial by another Trial.

Thus, modern international criminal courts can impose the following penalties: deprivation of liberty for a certain period, life imprisonment in cases where this is justified by the exceptionally serious nature of the crime and the individual circumstances of the person found guilty of committing it; fine; confiscation of income, property and assets obtained directly or indirectly as a result of a crime. The Court also lays down principles for redress for victims, including restitution, compensation and rehabilitation.

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Volevodz A.G.

INTERNATIONAL LAW ENFORCEMENT AND INTERNATIONAL LAW ENFORCEMENT ORGANIZATIONS: DEFINITIONS

In recent years, in legislation, scientific and educational literature on international cooperation in the field of combating crime, such concepts as "international law enforcement" and "international law enforcement organizations" are increasingly used. At the same time, there is no unity of approaches in their understanding and description. In the formation of a system of scientific knowledge about law, a significant place is occupied by the subjective factor, due to the needs of legal doctrine and practice, the state of scientific research and learning. It is precisely because of this that the position of these concepts in the system of legal science is not unambiguous. Having arisen at the junction of several legal systems - international and domestic law, as well as several sciences - international, criminal, criminal procedural law, these concepts still retain their special status. This leads to the fact that each of the “parental” disciplines quite willingly includes their individual elements as an integral part, without recognizing their independence, without considering and studying these legal phenomena systematically and in full. In order to explore and study these concepts systematically, it seems necessary to describe their features, content and essence.

Key words: law enforcement, crime fighting, international legal order, international cooperation in combating crime, international law enforcement, international law enforcement organizations, international organizations for cooperation between law enforcement agencies, international criminal justice (international criminal justice) bodies.

INTERNATIONAL LAW ENFORCEMENT ACTIVITY

AND INSTITUTIONS OF INTERNATIONAL LAW ENFORCEMENT: NOTIONS

Volevodz A.G.

Notions "international law enforcement activity" and "international law enforcement institutions" are often mentioned in recent law, scientific and educational literature covering international cooperation on combating crime. Nevertheless no unity of views on these notions and their characteristics exists. Subjective factor plays an important role in the formation of the system of science of law. This subjective factor is conditioned by the necessities of doctrine and practice, level of education and scientific research. That is why these notions in the system of jurisprudence are not unique. /As far as they appeared at the joint of several legal systems such as international and internal law and at the joint of several sciences such as international law, criminal law, law of criminal procedure, these notions still keep their particular status. This is the reason why each of such parental science tries to include as its own part of their different elements without recognizing their independence and without any attempts to explore and analyze these law phenomena in full. To explore these notions in full it is considered to be necessary to describe their characters, content and essence and such an attempt was made in the presented article.

Keywords: law enforcement activity, combating crime, international law and order, international cooperation on combating crime, international law enforcement activity, international law enforcement institutions, international law enforcement cooperation bodies, institutions of international criminal justice.

Formulation of the problem

The fight against crime within the state as a sectoral area of law enforcement aims, first of all, to protect and protect against crimes of the individual, society and the state. It is carried out within the framework of the power activities of the state, its law enforcement agencies and their officials.

In the theory of law and branch legal science, law enforcement activities are considered:

In a broad sense - as the activity of all state bodies (legislative, executive and judicial authorities), ensuring the observance of the rights and freedoms of citizens, their implementation, law and order;

In a narrow sense - as the activity of specially authorized (competent, law enforcement) bodies

ensuring law and order, which exist only and mainly to perform such tasks as the detection, suppression and prevention of offenses, the application of various sanctions to offenders and the implementation of measures of influence (punishment).

Law enforcement (in the broad sense), on the one hand, is aimed at establishing and strengthening the rule of law, preventing, identifying and eliminating violations of the laws of various branches of law (constitutional, administrative, labor, criminal, etc.), and on the other hand, it is implemented in uniform forms. lawmaking, law enforcement and justice.

When classifying by industry, law enforcement activities aimed at preventing, detecting and eliminating crimes as the most

socially dangerous offenses, is called the fight against crime.

Among the subjects of law enforcement activity (in the narrow sense of this concept), there are specialized state bodies that carry out the fight against crime and are endowed with certain powers by law, including the use of state coercion - law enforcement agencies.

In accordance with the principles and norms of international law at the international level in the fight against crime, cooperation is carried out by:

States as the main subjects of international relations and law;

International organizations that are derivatives, special subjects of international law.

They are bearers of international legal personality, and their relations are governed by the principles and norms of international law.

For most international organizations, cooperation in the fight against crime is not the goal of creation and activity. They participate in it only in connection with the implementation of their main activities.

So, for example, the United Nations, according to paragraphs 3 and 4 of Art. 1 of its Charter, is authorized “to carry out international cooperation in solving international problems of an economic, social, cultural and humanitarian nature and in promoting and developing respect for human rights and fundamental freedoms for all without distinction of race, sex, language and religion; to be a center for coordinating the actions of nations in the pursuit of these common goals." It is clear that the resolution of such problems is often impossible without international cooperation in the fight against crimes that infringe on human rights and fundamental freedoms. This circumstance predetermined the development and conclusion under the auspices of the UN of a wide range of international treaties that formed the legal basis for international cooperation in the fight against international crimes and crimes of an international character.

Not only the UN, but also other international organizations, in connection with the implementation of their activities, are involved in the formation legal framework and to certain practical aspects of international cooperation in the fight against crime, which is not their main activity.

From a wide range of international organizations, one can distinguish those for which international cooperation in the fight against crime or its individual areas is the goal of creation and the main activity. In a number of domestic regulatory legal acts, they are generally referred to by the term "international law enforcement organizations" (IGOs).

According to Art. 14 federal law dated 12.08.1995 No. 144-FZ “On operational-search activity”1 when solving the problems of operational-search activity, the bodies authorized to carry it out are obliged to perform on the basis and in the manner prescribed by international treaties Russian Federation, requests from relevant international law enforcement organizations, law enforcement agencies and special services of foreign states. Article 7 of the same law includes requests from international law enforcement agencies as grounds for conducting operational-search measures.

organizations and law enforcement agencies of foreign states in accordance with international treaties. Doctrine information security of the Russian Federation, approved by the President of the Russian Federation on September 9, 2000,2 stipulates that one of the main areas of international cooperation in the field of information security is the prevention of unauthorized access to information of international law enforcement organizations fighting transnational organized crime, international terrorism, the spread of drugs and psychotropic substances , illegal trade in weapons and fissile materials, and human trafficking.

In the same context, this phrase is used in other regulatory legal acts and official documents, as well as at the international level. For example, in a number of Security Council Resolutions and other UN documents, the following concepts are used: international law enforcement cooperation bodies,3 international law enforcement organizations,4 international law enforcement authorities .5 intergovernmental organizations in the area of law enforcement cooperation.6

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International law enforcement organizations: concept and classification

1. The concept of international law enforcement organizations

crime economic court european

The fight against crime within the state, as a sectoral area of law enforcement, has as its goal, first of all, the protection and protection against crimes of the individual, society and the state. It is carried out within the framework of the public power activities of the state, its law enforcement agencies and their officials on the basis of the principle of publicity. So, for example, M.S. Strogovich wrote: “The principle of publicity of the criminal process lies in the fact that the organs of investigation and inquiry, the prosecutor’s office and the court, when initiating, investigating and resolving criminal cases within their competence, acting in the interests of the Soviet state and socialist society, are obliged to take all legal measures and commit legal actions to solve crimes, expose and punish criminals, to clarify all the essential circumstances of the case, to protect the rights and legitimate interests of the persons involved in the proceedings (highlighted by the author), without making the performance of these actions dependent on the discretion of the interested persons and organizations "1Sm .: Strogovich M.S. The course of the Soviet criminal process. - M., 1968. - T. 1. - S. 136. . The principle of publicity finds its consolidation in various branches of domestic law that regulate law enforcement.

At the international level, the basic principle of the fight against crime is also the principle of publicity, since it is one of the areas of international cooperation.

This collaboration includes:

States as the main subjects of international relations and law;

International organizations that are derivatives, special subjects of international law.

They are the bearers of imperious [in other words, public] powers and holders of international legal personality. Their relations are governed by the norms of international law.

In addition, international cooperation in the fight against crime also involves the subjects of domestic legal relations - national law enforcement agencies and courts that directly implement the international legal obligations of states in this area. In particular, it is they who, on the basis of international treaties, participate in:

In the suppression of impending or committed crimes, including by carrying out, if necessary, operational-search actions;

In providing legal assistance in the field of criminal proceedings;

In cooperation with international organizations and their bodies administering justice in cases of international crimes;

In the execution of criminal penalties imposed on persons guilty of international crimes, as well as by foreign courts;

In post-penitentiary impact;

In providing material, vocational and other assistance in the fight against crime at the international level.

The role of various international organizations in the fight against crime at the international level is not the same. It depends on the competence of organizations, determined by their charters. States, creating international organizations, developing their charters, endowing them with one or another amount of rights and obligations, proceed from the goals and objectives of these organizations, the role assigned to them in the system of international relations.

So, for example, the United Nations, according to paragraphs 3 and 4 of Art. 1 of the UN Charter, is empowered “to carry out international cooperation in solving international problems of an economic, social, cultural and humanitarian nature and in promoting and developing respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion; to be a center for harmonizing the actions of nations in achieving these common goals” See: Charter of the United Nations. . It is clear that the resolution of such problems is often impossible without international cooperation in the fight against crimes that infringe on human rights and fundamental freedoms. This circumstance predetermined the development and conclusion under the auspices of the UN of a number of international treaties that formed the legal basis for international cooperation in the fight against international crimes and crimes of an international character.

Thus, it can be stated that the United Nations, in connection with the implementation of its main activities, participates in the adoption of coordinated measures to establish at the international legal level the criminality and punishability of certain socially dangerous acts, in the development and conclusion of international treaties, the adoption of other international legal documents as an international legal basis for interstate cooperation in the fight against crime.

Not only the UN, but also other international organizations, in connection with the implementation of their activities, are involved in the formation of the legal foundations and in certain practical aspects of international cooperation in the fight against crime, which is not their main activity.

Along with this, among a wide range of international organizations, one can single out those for which international cooperation in the fight against crime or its individual areas is the goal of creation and the main activity.

In addition, there are cases when the competence for international cooperation in the fight against crime is vested in the bodies of international organizations, which are their integral part or structural link.

The totality of international organizations and their bodies endowed with special competence in the field of international cooperation in the fight against crime can be defined by the concept of "international law enforcement organizations".

In domestic legislation and international law there are no norms containing the definition this concept. However, the phrase itself is now used both domestically and internationally.

So, in accordance with Art. 14 of the Federal Law of August 12, 1995, No. 144-FZ “On Operative-Search Activities” See: Collection of Legislation of the Russian Federation, August 14, 1995. - No. 33. - Art. 3349., when solving the problems of operational-search activity, the bodies authorized to carry it out are obliged to fulfill, on the basis and in the manner prescribed by international treaties of the Russian Federation, the requests of the relevant international law enforcement organizations, law enforcement agencies and special services of foreign states. Article 7 of the same law includes requests from international law enforcement organizations and law enforcement agencies of foreign states as grounds for conducting operational-search measures in accordance with international treaties of the Russian Federation. Information Security Doctrine of the Russian Federation, approved by the President of the Russian Federation on September 9, 2000.

1, it is stipulated that one of the main directions of international cooperation of the Russian Federation in the field of information security is the prevention of unauthorized access to information by international law enforcement organizations fighting transnational organized crime, international terrorism, the spread of drugs and psychotropic substances, illegal trade in weapons and fissile materials as well as human trafficking. In this context, this phrase is also used in a number of other regulatory legal acts and official documents.

This terminology is also known to international law. For example, in a number of Security Council Resolutions and other documents of the United Nations, the following concepts are used: international law enforcement cooperation bodies, international law enforcement community, international law enforcement authorities), intergovernmental organizations in the area of law enforcement cooperation.

At the same time, these documents do not contain a definition and an exhaustive list of international organizations whose main subject of activity is international cooperation in the fight against crime.

Filling this gap is currently seen as the task of legal science and practice1. Now we can talk about some criteria, the presence of which allows us to classify a particular international organization or its body as an international law enforcement organization.

First, such organizations are empowered to carry out international cooperation in the fight against crime. This activity is their main activity.

Secondly, international law enforcement organizations are authorized to carry out this activity on the basis of agreements between states, which, as a rule, find their expression in their charters, and less often in other international legal documents (international treaties concluded by states with international organizations, resolutions and other acts). These agreements determine the scope of the international legal personality of international law enforcement organizations. Because of this, international law enforcement organizations can only be international intergovernmental organizations established by an interstate agreement, or bodies of such organizations that express the combined will of the unification of sovereign states.

Thirdly, having serious positive potentials, international law enforcement organizations do not play a self-contained role and cannot determine the development of international cooperation in the fight against crime. The main subjects of the system of international relations in this area are states, while international law enforcement organizations as a whole are elements of a secondary order. Their real opportunities limited by the scope of competence transferred to them by states.

Fourthly, international law enforcement organizations have permanent bodies endowed with an international legal personality sufficient to participate in international cooperation in the fight against crime.

Fifthly, international law enforcement organizations carry out their activities not in an arbitrary manner, but in certain organizational and legal forms, in compliance with the rules and procedures established by international law and in accordance with the generally recognized principles and norms of international law.

Sixth, international law enforcement organizations are empowered, within the framework of international cooperation, to apply coercive measures in combating international crimes, crimes of an international character and, under certain circumstances, transnational crimes that infringe on the domestic legal order, or to coordinate the use of such coercion.

Seventh, the activities of international law enforcement organizations in the field of combating crime are aimed at ensuring compliance with the principle of individual criminal liability of individuals who have committed crimes. In other words, they operate in the area of criminal jurisdiction.

Eighth, the refusal of individual participating States to cooperate with international law enforcement organizations or with other participating States entails international legal responsibility.

Based on the foregoing, it can be determined that international law enforcement organizations are associations of sovereign states of an intergovernmental nature, established by interstate agreements, or bodies of such associations created on the basis of an interstate agreement (charter, statute or other constituent document), having permanent bodies endowed with international legal personality, carrying out, in compliance with the generally recognized principles and norms of international law, activities to ensure the legal protection of the individual, society, states and the world community from international crimes, crimes of an international nature, as well as transnational crimes infringing on the domestic legal order, and the fight against such crimes.

2. Classification of international law enforcement organizations and their general characteristics

Taking into account the above criteria and the above definition, depending on their competence, international law enforcement organizations can be classified into:

International organizations and their bodies participating in international cooperation directly related to the suppression of impending or committed crimes, including by conducting, if necessary, operational-search actions, as well as the provision of legal assistance in the field of criminal proceedings, or, in other words , international organizations for law enforcement cooperation;

International organizations and their bodies that administer justice in cases of international crimes, prosecute and punish those responsible for their commission - the bodies of international criminal justice (international criminal justice).

International organizations for law enforcement cooperation include:

International Criminal Police Organization (Interpol);

The European Police Organization (EUROPOL) and some other bodies of the European Union exercising the powers to combat crime within the framework of this integration entity (Eurojust, OLAF).

The basic feature of these organizations is that they are called upon to ensure broad and comprehensive cooperation between the law enforcement agencies of the participating countries in the fight against crime.

The bodies of international criminal justice (international criminal justice) are courts established on the basis of or in pursuance of international treaties by the international community with the participation of the United Nations, which are composed of international judges, with the participation of international prosecutors and defenders, in the procedural order provided for internationally - legal documents, carry out criminal prosecution, consideration and resolution on the merits of criminal cases against persons guilty of committing the most serious crimes of concern to the international community (international crimes), as well as in cases of other crimes referred to their jurisdiction under institution, carry out the punishment of such persons, as well as implement other functions necessary for the administration of justice.

The specifics of the activities of international criminal justice bodies are determined by the goals of their creation and activities, which include:

(1) bringing to justice and punishing those guilty of international crimes,

(2) protection from international crimes of the international community as a whole, each of its members and all people,

(3) prevention of international crimes, restoration and maintenance of peace and security on this basis.

To date, the following institutional models of international criminal justice bodies are known:

1. International criminal tribunals ad hoc, established by the UN Security Council as its subsidiary bodies.

2. Mixed (hybrid) tribunals (courts):

Created in accordance with or on the basis of agreements between states and the UN, and

Formed by the UN interim administrations in the territories of the states where peacekeeping operations are carried out.

3. National courts whose jurisdiction includes the consideration of cases of international crimes with the participation of international judges and other participants in criminal proceedings.

4. International Criminal Court.

The latter “is the main element of the emerging system of international criminal justice, which includes national courts, international courts and hybrid courts, which have both national and international components. These organs of international justice are closely linked to efforts to establish and maintain international peace and security. See: Report of the International Criminal Court. - UN Doc A/60/177, 1 August 2005; Report of the International Criminal Court. - UN Doc A/62/314, 31 August 2007. .

International criminal justice bodies are vested with criminal jurisdiction, i.e. they consider and decide on the merits of cases of international crimes, carry out criminal prosecution and punishment of those who have committed them. This feature distinguishes them from other international judicial bodies (organs of international justice) established and operating in a different jurisdictional area. It is precisely because of the lack of competence in the field of international criminal jurisdiction that they do not belong to the bodies of international criminal justice:

International courts of the so-called. general jurisdiction, established to resolve international disputes between subjects of international law, such as the International Court of Justice of the United Nations and the European Court of Conciliation and Arbitration within the Organization for Security and Cooperation in Europe;

Specialized international courts for resolving international disputes related to certain areas of international cooperation or regulated by the norms of certain branches of international law or certain international treaties, which are the International Tribunal for the Law of the Sea, the European Court of Human Rights, the Commonwealth Economic Court Independent States, Court BENELUX and others;

International tribunals of limited jurisdiction to resolve disputes between international organizations and their employees, such as the International Administrative Tribunal of the United Nations and the International Administrative Tribunal of the International Labor Organization;

International non-governmental organizations - arbitration, arbitration and other courts - carrying out the consideration of disputes in the field of regulation of private international law and certain branches of international law.

It is certain that the said tribunals administer justice, render judgments and issue advisory opinions, which are binding on the parties. Because of this, they are participants in international law enforcement activities to protect and ensure the rule of law and international law in international relations, exercising it in the form of international justice (justice). However, since these international courts are not competent in the field of criminal jurisdiction and do not participate in the fight against crimes at the international level, they do not belong to the bodies of international criminal justice, as one of the categories of international law enforcement organizations.

International law enforcement organizations play different roles in international cooperation against crime. However, one of the features of their legal status is that they act as equal subjects in specific international legal relations when they conclude agreements between themselves or with individual states.

International law enforcement organizations are not subordinate to each other. They cannot dictate, impose their will on each other. Relations between international law enforcement organizations, as well as between international law enforcement organizations and individual participating States, as a rule, are built on a coordinating, not a subordination basis. In this sense, international organizations and participating states, as subjects of specific international legal relations, are equal.

However, the equality of international law enforcement organizations due to their different scope of powers is limited and relative. This limitation and relativity means that such organizations cannot be equated with states - the main sovereign participants in international relations and subjects of international law, between which the principle of sovereign equality operates. This principle does not apply to international law enforcement organizations, since they do not have sovereignty.

Various international law enforcement organizations are not endowed with the same rights and obligations for international cooperation in the fight against crime. It is precisely because of this that their role in the system of this cooperation is not characterized by equality with its other participants - states and national law enforcement agencies acting on behalf of states.

The latter circumstance is important to take into account for a balanced approach to legal regulation and organization of interaction between national law enforcement agencies and international law enforcement organizations.

And, finally, in their totality, international law enforcement organizations do not form a strict system, just as national law enforcement agencies and courts are organized into a system. The international community has not established a hierarchy of international law enforcement organizations, there is no organizational, administrative and financial subordination to each other.

List of used literature

1. Charter of the United Nations.

2. Strogovich M.S. The course of the Soviet criminal process. - M., 1968. - T. 1.

3. Collection of legislation of the Russian Federation, 14.08.1995. - No. 33.

4. Report of the International Criminal Court. - UN Doc A/60/177, 1 August 2005; Report of the International Criminal Court. - UN Doc A/62/314, 31 August 2007.

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