Non-governmental international law enforcement organizations. Interaction between Russian and foreign law enforcement agencies

In recent decades, there has been a clear trend towards expanding and deepening international cooperation in the law enforcement sphere, primarily in the fight against crime. This is due to the rapid development of integration processes in the world, the expansion of political, economic, cultural and humanitarian ties, the improvement of means of transport and communication, the simplification of the procedure for entry and exit from countries, border and customs formalities, the assertion in international relations of the priority of universal human values, ideas of justice and solidarity. .

The cooperation of states in the field of combating crime and ensuring public security has an objective basis - their close relationship and interdependence, which entail a qualitative change in crime itself, including its internationalization, i.e. an increase in the proportion of international elements in it (for example, the commission of a crime on the territory of two or more states, the concealment and sale of stolen goods or laundering of proceeds from crime abroad, attempts by criminals to escape justice abroad, etc.).

The problem of crime is becoming increasingly global.

Firstly, crime in a more or less acute form is manifested in all countries of the world, being a serious real or potential obstacle to their socio-economic, political and cultural development. This predetermines the interest of all members of the world community in the joint search for the most effective ways and means of solving this problem. After all, as it is rightly said, modern crime, especially in its most dangerous forms - organized forms and in the form of international terrorism - truly knows no boundaries.

Secondly, the list of criminal acts that pose an international danger is constantly expanding (for example, illegal cross-border trafficking in drugs, cultural property, weapons, human trafficking, child pornography, etc.). The fight against such crimes can be truly effective only if the actions of the majority of states and a rational combination of domestic and international efforts are coordinated.

The following can be distinguished main directions interstate cooperation in the fight against crime:

1. Exchange of information, including operational, forensic, legal.

2. Execution of requests for conducting operational-search measures.

3. Provision of legal assistance in criminal cases.

4. Extradition of persons to bring them to criminal liability or to carry out a sentence.

5. The conclusion and implementation of international treaties in the fight against crimes of international danger.

6. Development of international norms of a mandatory or advisory nature in the field of law enforcement and criminal justice.

7. Recognition and enforcement of decisions of the competent authorities of foreign states in criminal and administrative cases.

8. Carrying out joint scientific research on the problems of combating crime, sharing experience in their solution.

9. Provision of material, technical and expert assistance (training and advanced training of personnel, provision of expert services, supply of special tools and equipment, etc.).

Cooperation in any field, and even more so in such a specific one as law enforcement, must be carried out in the regime of international legality, that is, with strict and unswerving observance of international legal norms. And first of all - generally accepted norms international law.

When interacting in the law enforcement sphere, states use two main legal forms:

1. Contractual legal or convention - the conclusion and implementation of bilateral or multilateral agreements, which regulate relations in this area, with law enforcement agencies of foreign states;

2. Institutional - cooperation within the framework of international organizations, both of a general and regional nature - the UN, Interpol, the CIS, the G8, the Russia-EU PSP, the Council of Europe, the Russia-NATO Council, the OSCE, the Council of the Baltic Sea States, the Organization Black Sea Economic Cooperation, Shanghai Cooperation Organization, etc.

Internal affairs bodies Russian Federation participate in the fulfillment of Russia's obligations in all major areas of interstate cooperation in combating crime and ensuring public security, and their activities in this area are carried out in close cooperation with other law enforcement agencies (FSB, Prosecutor's Office, Ministry of Justice, FCS, FSKN), interested ministries and departments , primarily with the Russian Foreign Ministry - the main Russian agency responsible for coordinating the country's foreign policy line.

International legal component regulation of Russia's participation in interstate cooperation of states in the fight against crime and ensuring public security includes more than 700 international conventions, bilateral and multilateral agreements of various levels (interstate, intergovernmental and interdepartmental nature, which regulate certain issues of this cooperation).

At the same time, interdepartmental agreements concluded within the competence of the Ministry of Internal Affairs of Russia, and there are already several dozen of them today, should not contradict the current legislation and international treaties of the Russian Federation and, as a rule, contain provisions regulating traditional forms of police cooperation. First of all, we are talking about such formats as the exchange of information and work experience, the execution of requests for the production of operational-search measures, assistance in the training and advanced training of personnel, the exchange of regulatory legal acts, etc.

The leadership of the Ministry of Internal Affairs of Russia pays great attention issues of improving the participation of internal affairs bodies in international cooperation. In order to make the development of this activity more purposeful and systemic, to determine priorities for the near and long term, and to take a set of measures to increase the effectiveness of the participation of the internal affairs bodies of the Russian Federation and the internal troops of the Ministry of Internal Affairs of Russia in international cooperation, the Concept for the Development of International Relations of the Ministry of Internal Affairs of Russia was adopted. According to this Concept, among the most priority areas is the development of relations with partners from the CIS member states, as well as from other neighboring states that are not members of the Commonwealth.

Constantly organizational mechanisms are being improved to enhance international law enforcement cooperation. In this regard, it should be noted the creation and successful functioning of two coordinating bodies within the CIS - the Bureau for Coordinating the Fight against Organized Crime and Other Dangerous Types of Crime in the CIS (BCBOP) and the Council of Ministers of the Interior of the CIS Member States (CMIA). The Joint Board of Ministries of Internal Affairs of the member states of the Union of Belarus and Russia has also been established.

As practice shows, one of the most effective organizational forms for ensuring the practical interaction of Russian law enforcement agencies with foreign partners in the fight against crime, especially its organized forms, drug trafficking, weapons and cultural property, human trafficking, economic crimes, is world Institute of Law Enforcement Representatives working on a permanent basis at the Embassies or consular offices of their countries, the so-called "police attaches" or "liaison officers".

Currently, in the Russian Federation (in Moscow, St. Petersburg, Khabarovsk and Murmansk) there are more than 60 police attachés from more than 30 foreign countries who carry out daily operational interaction with departments of internal affairs bodies.

In turn, the Ministry of Internal Affairs of Russia, on the basis of the relevant Decree of the President of the Russian Federation and the order of the Government of the Russian Federation, sent 8 of its representatives to work abroad, who work in the following countries: Armenia, Azerbaijan, Israel, China, Palestine, USA, France, Switzerland. Previously, representatives of the Ministry of Internal Affairs of Russia worked in a number of other countries - in Germany, Poland, Bulgaria, Spain, Finland. It is possible that upon completion of the reform of the internal affairs bodies, these "points" will be reopened. The issue of sending liaison officers to Belarus, Qatar and Nicaragua is also being worked out.

In addition, 24 employees of the Russian Ministry of Internal Affairs are currently participating in 5 UN and OSCE peacekeeping missions: Congo - 1, Haiti - 5, East Timor - 4, Liberia - 11, Kyrgyzstan - 3. Previously, our police peacekeepers also served in Croatia , Macedonia, Bosnia, Kosovo, Sierra Leone, Sudan.

In the Ministry of Internal Affairs of Russia, to one degree or another, very many units carry out either operational interaction with foreign partners, or work through international cooperation in the field of personnel training and exchange of experience. Literally, in every subdivision of the central office of the Ministry, in the Main Directorates of the Ministry of Internal Affairs of Russia and the Directorates of the Ministry of Internal Affairs of Russia of large or border regions of the Federation, there are corresponding departments or groups.

However, among them should be noted two main divisions.

First- NCB Interpol under the Ministry of Internal Affairs of Russia, the main coordinator of interaction with the competent authorities of foreign countries, among the tasks of which is to ensure the exchange of information on combating international crime; sending requests to the Interpol General Secretariat and the NCB of the Interpol member states and notifying the relevant law enforcement agencies about providing data on crimes and criminals, about searching for persons, objects and documents, about monitoring persons suspected of criminal activity; receiving similar requests from the General Secretariat and the NCB of the Interpol member states and organizing their execution through the relevant departments of the internal affairs bodies. In addition, the NCB of Interpol under the Ministry of Internal Affairs of Russia, like any other NCB, forms a data bank on persons, facts, objects and documents based on information obtained in the process of international cooperation.

Interaction through the channels of Interpol is highly effective, since contacts through the NCB make it possible to quickly resolve problems that arise between countries in the course of cooperation related to the peculiarities of national legislation and the specifics of the structural construction of law enforcement and law enforcement agencies. By the way, Interpol managed to successfully solve the problem of the language barrier. Its working languages are: English, Arabic, Spanish and French. It is on them that all correspondence is conducted and interaction is carried out.

Second The main subdivision of the Ministry of Internal Affairs of Russia, which is directly responsible for the line of ensuring international cooperation of the Ministry as a whole, organizing visits of the leadership and delegations of employees of internal affairs bodies abroad, receiving foreign delegations, working out issues of an international treaty nature, is the Department of International Police Cooperation of the Treaty and Legal Department of the Ministry of Internal Affairs of Russia . The structure of the Department includes four departments responsible for bilateral cooperation with countries near and far abroad, cooperation with international organizations and international legal support.

The Department of International Protocol of the Contractual and Legal Department also works in close cooperation with the International Police Cooperation Department. This division is responsible for organizing all protocol events.

What are the tasks assigned to the Office of International Police Cooperation? This is the organization and ensuring the participation of the Ministry of Internal Affairs of Russia in international cooperation, ensuring the interests of the Ministry in its implementation, improving the international legal framework of the Ministry of Internal Affairs of Russia, organizational and methodological management of the work of bodies, divisions and institutions of the system of the Ministry of Internal Affairs of Russia for the implementation of international cooperation.

If we specify this task, then the Office of International Police Cooperation, within its competence:

1. Determines the priority areas of international cooperation, taking into account the specifics of the development of international relations, conducts long-term and current planning in this area, and exercises control over the international activities of the Ministry.

2. Analyzes the state of cooperation between the Ministry and foreign partners and develops proposals for its improvement.

3. Organizes and ensures, within the limits of its powers, the interaction of the units of the central apparatus of the Ministry of Internal Affairs of Russia and its directly subordinate units and organizations with law enforcement agencies of foreign states and international organizations on issues within the competence of the Ministry.

4. Coordinates international relations of the territorial bodies of internal affairs, as well as research institutions of the Ministry with the relevant units of law enforcement agencies of foreign states.

5. Promotes, if necessary, the implementation of in due course direct contacts of departments of the Ministry with foreign partners on issues of operational activities.

6. Ensures the interaction of the Ministry with international organizations and their working bodies.

7. Prepares materials for negotiations between the leadership of the Ministry and foreign partners, as well as for participation in international forums.

8. Organizes and provides, within the limits of its authority, visits of the leadership of the Ministry of Internal Affairs of Russia abroad and receptions of foreign delegations at the Ministry.

As can be seen from the above, the range of tasks facing the Department of International Police Cooperation of the DPD of the Ministry of Internal Affairs of Russia is very wide, and stands on the verge of two areas - law enforcement and diplomacy. In fact, this unit is a kind of "mini-Ministry of Foreign Affairs" within the Russian Ministry of Internal Affairs. Accordingly, the requirements for the employees of the Department are increased. A candidate for service in the Department of International Police Cooperation of the DPD of the Ministry of Internal Affairs of Russia must have a broad outlook, an analytical mindset, organizational skills, understand politics, understand national interests, be able to work with people, and also speak foreign languages.

Relevant results of joint work come to the report to the leadership of the Ministry and taken into account when developing a strategy interaction between law enforcement agencies of foreign states.

Mikhail VASKOV

deputy head of department

international protocol

Contractual and Legal Department of the Ministry of Internal Affairs of Russia,

PhD in Law

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 defense counsel were performed at the request of the defendants by any lawyer qualified to appear in court in his home country, or by 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 side 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 on the territory of 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 provide 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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1 law enforcement organizations Lecture: "Law enforcement organizations: concept and general characteristics" Doctor of Law, Professor VOLEVODZ Alexander Grigorievich Lecture plan 1. The concept of international law enforcement organizations. 2. Classification of international law enforcement organizations. 3. The subject and system of the course "law enforcement organizations", its place in the system of related legal disciplines. 2 Volevodz A.G.,

2 Literature on the topic Volevodz A.G. law enforcement organizations: Tutorial M.: Prospect, Chapters I and II 3 Literature on the topic Babaev S.N. On the question of the need training course"law enforcement organizations"//international legal readings. Issue. 1 / Resp. ed. P.N. Biryukov. Voronezh: VSU, S Biryukov P.N. The norms of international criminal procedure law in legal system Russian Federation. - Voronezh: VSU, Volevodz A.G.,

3 Question 1 The concept of international law enforcement organizations Participants in international cooperation in the fight against crime States main subjects of international relations and international law organizations derivative (special) subjects of international law Subjects of domestic legal relations national law enforcement agencies, courts, individuals conferences of a specialized nature 6 Volevodz A.G. ,

4 organizations involved in the fight against crime organizations for which the fight against crime is not the purpose of creation and activity, participating in it in connection with their main activities (UN, CE, CIS, OSCE, etc.) 7 organizations participating in the fight against crime organizations for which international cooperation in the fight against crime or its individual areas is the purpose of creation and the main activity 8 Volevodz A.G.,

5 law enforcement organizations (1) The totality of international organizations and their bodies endowed with special competence in the field of international cooperation in the fight against crime (2) International cooperation in the fight against crime or its individual areas are the purpose of their creation and the main activity 9 The term "international law enforcement organizations" in the law of Russia - Federal Law of the State Federal Law "On operational-investigative activities" - Doctrine of information security of the Russian Federation, approved by the President of the Russian Federation, 10 Volevodz A.G.,

6 Use of the term "international law enforcement organizations" International law enforcement cooperation bodies 11 Use of the term "international law enforcement organizations" law enforcement agencies (international law enforcement community, international law enforcement authorities) organizations in the area of law enforcement cooperation) 12 Volevodz A.G.,

7 Signs of international law enforcement organizations 13 Signs of international law enforcement organizations 14 Volevodz A.G.,

8 Signs of international law enforcement organizations 15 law enforcement organizations 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, resolution or other constituent document) Having permanent bodies endowed with international legal personality, 16 Volevodz A. G.,

9 law enforcement organizations In compliance with the generally recognized principles and norms of international law Carrying out activities to ensure the legal protection of the individual, society, states and the world community from international crimes, crimes of an international nature, transnational crimes that infringe exclusively on domestic law and order 17 Question 2 Classification of international law enforcement organizations Volevodz A .G.,

10 Classification (by time of operation) Permanent international law enforcement organizations law enforcement organizations ad hoc law enforcement organizations operating in the format of conferences (congresses) 19 Classification (by competence) of organizations for cooperation between law enforcement agencies (international police cooperation organizations) International criminal justice bodies (International Criminal Justice) Organization for the Coordination of International Cooperation in Combating Crime 20 Volevodz A.G.,

11 law enforcement cooperation organizations International Organization criminal police(Interpol) European Police Organization (EUROPOL) some other bodies of the European Union exercising powers to combat crime within the framework of this integration entity (Eurojust, OLAF) 21 Trends in the formation of organizations for cooperation between law enforcement agencies police community "AMERIPOL" 22 Volevodz A.G.,

12 Organs of international criminal justice Ad hoc criminal tribunals Mixed (hybrid) courts International Criminal Court Internationalized courts 23 International criminal justice One of the areas of international cooperation. It consists in the implementation by the courts established by the international community with the participation of the United Nations on the basis of or in pursuance of international treaties, activities to consider and resolve on the merits of cases of international, as well as other crimes related to their jurisdiction 24 Volevodz A.G.,

13 Objectives of international criminal justice 1) to bring to justice and punish those responsible for international crimes 2) to protect against such crimes the international community as a whole, each of its members and all people 3) the prevention of international crimes and on this basis the restoration and maintenance of peace and security 25 Other bodies of international justice courts of the so-called. general jurisdiction, established to resolve international disputes between subjects of international law: - International Court of Justice - European Court of Conciliation and Arbitration within the OSCE 26 Volevodz A.G.,

14 Other bodies of international justice Specialized international courts for resolving international disputes in certain areas of international cooperation or within certain branches of international law or under certain international treaties: - International Tribunal for the Law of the Sea - European Court of Human Rights 27 Other bodies of international justice tribunals of limited jurisdiction to resolve disputes between international organizations and their employees: - UN Administrative Tribunal - ILO Administrative Tribunal 28 Volevodz A.G.,

15 Other bodies of international justice, non-governmental judicial organizations- Arbitration, arbitration and other courts - dealing with disputes in the field of regulation of private international law and certain branches of international law: - International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation 29 Organizations for the Coordination of International Cooperation in Combating Crime United Nations Congresses on Crime Prevention and Criminal Justice Conference States Parties to the UN Convention against Transnational Organized Crime 30 Volevodz A.G.,

16 Organizations for the Coordination of International Cooperation in Combating Crime Assembly of the States Parties to the Rome Statute of the International Criminal Court Conference of the States Parties to the UN Convention against Corruption 31 Question 3 Subject and system of the course “law enforcement organizations”, its place in the system of related legal disciplines Volevodz A.G. .,

17 Course subject “law enforcement organizations” a) Legal basis and practice of international law enforcement organizations in international cooperation in combating crime b) International legal instruments on international law enforcement organizations c) Legislation and international treaties governing international cooperation in the field of combating crime 33 The structure of the course "law enforcement organizations" Section I. Introduction to the course: general theoretical issues and conceptual apparatus. Section II. law enforcement organizations for law enforcement cooperation. Section III. Organs of international criminal justice (international criminal justice). 34 Volevodz A.G.,

18 Place of the course in the system of legal sciences and knowledge Law enforcement agencies and courts Prosecutorial supervision Constitutional law International law Criminal law Administrative law Criminal procedure law 35 Control questions 1. Which subjects are participants in international cooperation in the fight against crime? 2. Formulate a definition of the term "international law enforcement organizations". 3. What are the criteria for referring to international law enforcement organizations? 4. What is the classification of international law enforcement organizations? 5. Name the elements of the international justice system. 6. What is the subject of the law enforcement course? 7. What is the place in the system of legal disciplines is the course "law enforcement organizations"? 36 Volevodz A.G.,

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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 persons and organizations concerned" 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.

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 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 nature.

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 legal framework and to certain practical aspects of international cooperation in the fight against crime, which is not their main activity.

In addition to this, among a wide range international organizations can be distinguished those for which international cooperation in the fight against crime or its individual areas are the purpose 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".

There are no norms containing the definition of this concept in domestic legislation and international law. 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.

replenishment this gap is currently seen as a 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 are 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 administering justice in cases of international crimes, carrying out criminal prosecution and punishment of persons guilty of 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 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 bodies 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, such as the International Tribunal for the Law of the Sea, the European Court of Human Rights, the Economic Court of the Commonwealth of Independent States, the Benelux Court 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 give 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. At the same time, 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 organizing 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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