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

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

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

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

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

• - the international and national danger of such acts that encroach on the international and national legal order;
• - the objective side of criminal acts, regardless of where they were committed, against whom they are directed and what citizenship the offender has (this way, states agree on the qualifications of criminal acts);
• - subjects of such crimes;
• - direct obligations of states to coordinate measures to prevent and suppress crimes;
• - V general form the duty of states to impose punishment. And the determination of criminal sanctions and the conviction of individual criminals for specific crimes are carried out by the criminal legislation of the states party to these agreements (International Convention against the Taking of Hostages).

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

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

• Cm.: Baboy A. A., Koltashov A. I. Law of international organizations and cooperation of states in the fight against crime: educational method. allowance. M., 2008. P. 130.

20. Fight against drug trafficking

The international fight against drug trafficking is one of the most pressing transnational problems. The scale of drug trafficking is now so vast, and the financial resources generated from such activities are so large, that it poses a threat to the economy and security of many countries in Asia and Latin America, where law enforcement agencies are powerless to do anything. The lion's share of drug trafficking belongs to international crime syndicates, which have concentrated hundreds of billions of dollars in their hands. The annual volume of profits from the illegal drug trade has become the second largest in the world after the arms trade, ahead of the oil trade. This allows the drug mafia to increasingly interfere in the political and economic life many countries. No single country can count on success in the fight against drug trafficking without broad international cooperation.

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

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

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

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

Worsening situation due to drug trafficking in recent years required increased attention to this problem internationally. This problem is constantly in the field of view of the UN, its specialized agencies - WHO, UNESCO, ILO, and dozens of other international intergovernmental and non-governmental organizations.

In 1981 General Assembly The UN has adopted an International Strategy to Combat Drug Abuse, the implementation of which is entrusted to the Commission on Narcotic Drugs.

In 1983, the General Assembly called upon the specialized agencies and other organizations and programs of the UN system to identify special drug control activities in their respective fields of activity and to devote greater attention to such activities.

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

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

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

The main legal problem of cooperation between states in the fight against crime is the problem of jurisdiction.

In a broad sense, state jurisdiction means the exclusive power of the legislative, judicial or executive power and represents an internal attribute of sovereignty.

In a narrow sense, jurisdiction refers to the power of a court to consider cases within its competence, and
make decisions or pronounce judgments on them.

Depending on the category of cases, civil, administrative, criminal and other jurisdictions are distinguished.

The criminal jurisdiction of a state is determined mainly by its national legislation and, in some cases, by international law that is recognized by that state.

The basis for determining criminal jurisdiction is
the territorial principle according to which crimes committed on the territory of a given state are subject to the jurisdiction of its courts. However, this principle is not absolute.

The national legislation of some states provides for the responsibility of their citizens for special serious crimes regardless of where they occur. In particular, the criminal jurisdiction of the United States extends to citizens of this state for committing crimes such as treason, drug trafficking and military crimes, regardless of their place
commission. In these cases, the principle of citizenship is at issue. The principle of passive citizenship is very rare. Its essence is that jurisdiction is exercised by the state whose citizen was the victim of a crime, although it was committed abroad and by a foreigner.

In recent years, a number of international treaties have emerged that contain the principle of universal jurisdiction (universal principle), as a complement to the territorial principle and the principle of citizenship. Universal jurisdiction means bringing a criminal to justice regardless of where he committed the crime or his nationality.

Different approaches of national legislation to the definition of jurisdiction lead to a conflict of jurisdiction of two or more states in relation to certain crimes (for example, the state of the place where the crime was committed adheres to the territorial principle, the state of citizenship of the offender - national). Such conflicts can be resolved through agreements between states.

Criminal jurisdiction, as a rule, is tied to the territory of a state, but crimes do not have such a strict connection with the territory of one state. Piracy, for example, is not at all associated with the territory of any state. Other crimes may involve the territories of two or more states. Such crimes include continuing crimes, when their beginning is associated with the territory of one state, and their continuation and completion are associated with the territories of other states. The consequences of some crimes committed on the territory of one state affect the territories of others. Criminals are becoming more and more mobile, and criminal groups are becoming internationalized. This predetermines the need and possibility of cooperation between states in
fight against crime.

The level and forms of cooperation depend on the extent to which crimes affect the interests of the international community. In this regard, international crimes, crimes of an international nature and ordinary crimes are distinguished.

International crimes of states are defined by the International Law Commission as internationally wrongful acts arising from the violation by a state of an obligation that is fundamental to the vital interests of the international community. Individuals, along with the state, are also responsible for committing such crimes.

Crimes of an international nature, in addition to the fact that they encroach on the national legal order, affect the interests of the international community, although not so significant. Sometimes these crimes are called conventional ones, since cooperation between states in the fight against
specific crimes of an international nature are carried out within the framework of multilateral international treaties.

Ordinary crimes do not infringe on the international legal order and do not affect the interests of the international community, but sometimes the administration of justice for them is impossible without the help of other states. For example, a criminal, having committed a crime, can go abroad and hide there. In this case, the question arises about his search and
extradition, which can only be done with the help of the authorities of the state in whose territory the criminal is hiding.

2 Main areas of cooperation

States cooperate in the fight against such types of crimes of an international nature as piracy, slavery
and slave trade, human trafficking, terrorism, hostage taking, etc.

Piracy. Piracy as a criminal activity associated with the violent seizure of ships and cargo has been known since ancient times. During the Middle Ages, an international custom developed to regard pirates as the common enemies of mankind - given the danger that piracy posed to maritime trade. Although in our time cases of piracy are not so frequent, shipping in certain areas is still not safe.

Before the adoption of the High Seas Convention in 1958, anti-piracy issues were governed by customary rules. The 1958 Convention defines piracy as any unlawful act of violence, detention or robbery committed on the high seas or in a place beyond the jurisdiction of any State, for private gain, by the crew or passengers of a privately owned ship or aircraft against another ship.
or aircraft or against persons or property,
on board.

Similar acts of government or warships are piracy only if they are committed by the crew who seized control of that ship as a result of mutiny.

Any warship can capture a pirate ship
on the high seas or in a place which is beyond the jurisdiction of any state. The courts of the state whose warship seized the pirate ship can determine the punishment for the pirates. If suspicions regarding the piracy of the captured ship are not confirmed, then the state that captured the ship is liable to the state of the captured ship for damage and
losses caused by this seizure.

The provisions of the 1958 Convention relating to the fight against piracy were included in the 1982 UN Convention on the Law of the Sea (Articles 100 - 107).

Slavery and the slave trade. At the very beginning of the 19th century, the national legislation of some states (Great Britain, 1808) introduced rules prohibiting the slave trade - the trade in slaves. This time also included the active activity of states in concluding bilateral treaties providing for the fight against the slave trade, which contributed to the creation of international legal custom in this area.
The first document that united the struggle against the slave trade and slavery was the Saint-Germain Convention of 1919.

Modern cooperation of states in the fight against slavery and the slave trade is regulated by the following acts:

The Slavery Convention of 1926. Protocol
1953 to amend the Convention regarding
slavery of 1926 and the Supplementary Convention for the Abolition of Slavery, the Slave Trade and Institutions and Practices similar to Slavery, 1956.

Slavery means the position or condition of a person in respect of whom some or all of the powers inherent in the right of property are exercised. The slave trade is the act of capturing, acquiring or disposing of a person for the purpose of reducing him to slavery,
acquisition for sale or exchange, sale or exchange
and every act of trading or transporting slaves. Institutions similar to slavery include debt slavery, serfdom, marriage of a woman for compensation without her consent, transfer of a wife for compensation by her husband or his relatives to another person, transfer of a woman by inheritance
after the death of the husband to another person, the transfer of a person under 18 years of age by his parents to another person for a fee for the purpose of exploitation.

States undertake to assist each other in the abolition of slavery and the slave trade, as well as all institutions and customs similar to slavery. To this end, States shall take the necessary measures to introduce into national legislation severe penalties for violations of laws and regulations prohibiting slavery and the slave trade. Slave,
who has found refuge on a ship of a state party to the Convention becomes free.

Combating human trafficking. The 1950 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others establishes the obligation of States Parties to punish persons who, in order to satisfy the lust of another person, procure, induce or seduce a third person for the purpose of prostitution, or exploit the prostitution of a third person even with his consent. The owners of brothels or those taking part in their management or financing, as well as those who rent or rent buildings or other places, knowing that they will be used for the purposes of prostitution by third parties, are subject to punishment.

States are required to abolish all legislative acts and administrative regulations that would provide for the registration of persons involved in prostitution or the issuance of a special document to them. In the states party to the Convention, a special body is created that coordinates and summarizes the results of the investigation of crimes,
provided for by the Convention. Control is established over hiring offices in such a way as to prevent the possible exploitation of job seekers for the purposes of prostitution.

Terrorism. International cooperation states to combat terrorism began during the existence of the League of Nations. In 1937, the Convention for the Prevention and Suppression of Terrorism was adopted in Geneva. It defines terrorism by listing acts that
subject to punishment. These include attempts on the lives of heads of state and other government officials, acts of sabotage, actions that create danger for many persons, preparation and incitement of terrorist acts, supply of terrorist means, production, import, transfer, and deliberate use of false documents. The Convention did not enter into force, but influenced subsequent practice, in particular, the Inter-American Convention on the Prevention and Punishment of Acts of Terrorism of 1971, the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 1973 year and the European Convention for the Suppression of Terrorism 1976.

The 1976 European Convention for the Suppression of Terrorism provides for two categories of offences. To the first
categories include those that States recognize as criminal by virtue of their participation in the Convention, namely, unlawful seizure of aircraft and unlawful acts on board, attempt on the life, freedom of persons entitled to international protection and causing them bodily harm, taking hostages and arbitrary deprivation of liberty,
usage firearms and explosive devices, if this poses a danger to people. The second category includes acts, the recognition of which as criminal is at the discretion of states. These include serious acts of violence that constitute an attempt on life, freedom
persons or causing bodily harm to them, as well as serious actions against property and creating a general threat to people.

The 1973 Convention provides that the intentional commission of murder, kidnapping or other attack against the person or freedom of an internationally protected person, as well as a violent attack on his residence, habitation or means of transport, when this involves a threat to the person or freedom of such a person, the State - participant must be treated as a crime and national legislation must establish penalties for it as a serious crime.

A State Party shall take the necessary measures to establish its jurisdiction in cases where the crime is committed in the territory of that State, when the alleged offender is its national and when the person accused of the crime is in its territory and it does not extradite him. The Convention does not exclude the application of any criminal jurisdiction exercised in accordance with national law. The participating States undertake to cooperate in the prevention of crimes and to provide assistance and assistance in the investigation of crimes and the punishment of offenders.

The issues of extradition of criminals have been resolved in this way.
The offenses contained in the Convention are subject to inclusion in the list of extraditable offenses in any extradition treaty between States Parties. If extradition is subject to the existence of an extradition treaty, but one has not been concluded between the states, then the Convention can be considered as the legal basis for extradition. If states do not make extradition conditional on the existence of an appropriate treaty, then between themselves they consider the crimes provided for in the Convention to be extraditable crimes. This formula is repeated in many of the conventions discussed below.

Hostage taking. In recent decades, the practice of hostage-taking has become widespread. It is used in various countries by fighting groups, individual national liberation units, and organized criminal structures. The need to adopt an international treaty in this area became obvious, and in
In 1979, the UN General Assembly adopted the Anti-Hostage Convention. It is a crime to capture or hold persons accompanied by the threat of killing, injuring or further holding such persons (hostages) in order to force a third party
commit any act or refrain from committing it as a direct or indirect condition for the release of hostages. Attempt and complicity are criminal offenses. A third party means a state, international organization, natural or legal person or group of persons. States parties to the Convention provide in their national legislation for the punishment of this crime as a crime of a grave nature. The participating States undertake to cooperate in preventing such crimes, as well as in providing assistance in combating them and punishing the perpetrators.

Jurisdiction is determined on the basis of competition between such principles as the territorial principle, the principle of citizenship and passive citizenship, and the universal principle.

The fight for the safety of civil aviation and maritime navigation. The increasing incidence of aircraft hijackings in the 1960s led to the adoption of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft in 1963 in Tokyo. The Convention applies to criminal offenses as well as acts that may create
or pose a threat to the safety of the ship, persons or property on board, or actions that threaten the maintenance of good order on board the ship.

In the matter of jurisdiction, preference is given to the jurisdiction of the state of the ship's registry in relation to crimes committed on board. And in this regard, the state of registration takes the necessary measures to establish its jurisdiction, which, however, does not exclude any
other criminal jurisdiction in accordance with national
legislation. Other participating States may claim to exercise criminal jurisdiction in cases where the consequences of the crime affect the territory of these States, when the crimes are directed against their security, are committed by their citizens or against their citizens, or constitute a violation of flight rules established by
in those States, or when the exercise of jurisdiction is required by the international obligations of such States. The Convention does not contain provisions on extradition; such provisions appeared in conventions adopted later.

In 1970, the Hague Convention for the Suppression of Unlawful Seizure of Aircraft was adopted. The Convention makes it an offense for any person on board an aircraft to seize or control the aircraft by force or threat of force or other form of intimidation.

The Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation was adopted in 1971, and the Protocol relating to Unlawful Acts of Violence at International Airports was adopted in 1988. According to the 1971 Convention, any person commits
a crime if it unlawfully and deliberately carries out an act of violence against a person on board an aircraft in flight, if the act threatens the safety of the flight. It is also a crime to act to endanger the safety of an aircraft in flight when a person destroys an aircraft in service, places a device or substance on an aircraft in service that is likely to destroy or render the aircraft inoperable, or destroys or damages air navigation equipment. or
instruments, interferes with the operation of the vessel, reports deliberately false information that poses a threat to the safety of the vessel in flight.

In 1988, the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Adatforms Located on the Continental Shelf were adopted in Rome. The Convention and the Protocol define crimes as illegal and
deliberate actions to hijack a vessel or platform, and
equally threatening to the safe navigation of the vessel or the safety of the platform. The list of such actions basically coincides with the list contained in the Montreal Convention of 1971.

Ultimately, all three conventions provide for universal jurisdiction when the alleged offender is located in the territory of one of the states party to the convention. In addition, the jurisdiction of the State of registration of the aircraft or
flag state of the vessel, territorial jurisdiction (1971 and 1988 Conventions), nationality (1988 Convention), jurisdiction of the state on whose territory the aircraft lands and the alleged offender is on board (1970 and 1971 Conventions).

Extradition is regulated on the principle of aut dedere aut punere (either extradite or punish). The state on whose territory the criminal is located takes him into custody or ensures his presence by other measures in accordance with the norms of national law. If the state
does not extradite the criminal, then it is obliged to transfer the case to its competent authorities for criminal prosecution of the detainee. Issues of extradition are resolved in the same way as in the 1973 Convention.

Each State Party provides for punishment in its criminal legislation, taking into account the serious nature of the crimes provided for in all three conventions. The practice of including provisions in bilateral air services agreements is being developed,
concerning issues of combating acts of unlawful interference in the activities of civil aviation.

Combating the illegal distribution of narcotic drugs. International cooperation in the fight against drug trafficking began at the beginning of the 20th century. The first international treaty was concluded in The Hague in 1912. The principles of this Convention were adopted and developed in subsequent international acts, including in
the current Single Convention on Narcotic Drugs of 1961 (which replaced all previous ones for its participants), in the Convention on Psychotropic Substances of 1971, in the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. substances 1988. These international treaties recognize the need
the use of narcotic drugs and psychotropic substances for medical and other legal purposes and the inadmissibility of abuse of such drugs and substances. The implementation of these principles predetermines the need to estimate the needs of states for narcotic drugs and establish control over their production and distribution, as well as cooperation in the fight against illegal drug activities.

A narcotic drug is any natural or synthetic substance included in lists I - II of the 1961 Convention, and a psychotropic substance is any natural or synthetic substance or any natural mineral that is included in lists I - IV of the 1971 Convention. The lists may be supplemented with new substances and means in the prescribed manner.

The international control bodies for narcotic drugs and psychotropic substances are the Commission on Narcotic Drugs of ECOSOC and the International Narcotics Control Board. States parties to the 1961 Convention shall provide the Committee with statistical
information on the production, manufacture and consumption of narcotic drugs, their use for the production of other drugs and preparations, import (export) and warehouse stocks on December 31 of each year. In addition, States Parties submit annually to the Board estimates of requirements for narcotic drugs for medical and scientific purposes; In case of failure to submit calculations on time, the Committee has the right to independently make such calculations. The Committee may recommend that the State suspend
import (export) of narcotic drugs, if deemed necessary.

According to the 1971 Convention, the Committee, when carrying out its functions, can seek clarification from member states, recommend corrective measures, and also draw the attention of the parties, ECOSOC, and the Commission to this issue if its previous actions do not produce the expected results. The Committee, drawing the attention of States to
an unsatisfactory state of affairs, from his point of view, may recommend that the parties stop exporting (importing) if he is convinced that this is necessary.

The trade in narcotic drugs is generally carried out under licenses, and participating States exercise control over all persons and enterprises engaged in trade or distribution. Export (import) of psychotropic substances included in lists I and II is carried out on the basis of a permit obtained for each such transaction separately. The movement of each export batch of psychotropic substances is controlled by the parties. For substances included in List III, a declaration is drawn up in triplicate, indicating the details provided for by the Convention.

The conventions provide that states parties will consider as criminal offenses all acts committed intentionally in violation of the provisions of the conventions. Serious offenses must be subject to appropriate punishment, in particular prison (Article 36 of the 1961 Convention, Article 22 of the 1971 Convention, Article 3 of the 1988 Convention).

In 1990, the 17th Special Session of the UN General Assembly adopted the Political Declaration and World Program of Action on International Cooperation against the Illicit Production, Supply, Demand, Trafficking and Distribution of Narcotic Drugs and
psychotropic substances. The Declaration, in particular, reaffirms the provisions of the 1961, 1971, 1988 Conventions, and highly appreciates the positive measures taken by the Division on Narcotic Drugs of the UN Secretariat, the International Narcotics Control Board and the UN Fund to Combat Drug Abuse. The Declaration proclaims the UN Decade against Drug Abuse for the period 1991 - 2000.

The World Program of Action provides for activities to combat drug abuse and illicit trafficking at the national, regional and international levels in the following areas: preventing and reducing drug abuse in order to eliminate illicit demand for narcotic drugs and psychotropic substances; treatment, rehabilitation and social reintegration of drug addicts; control over the supply of narcotic drugs and psychotropic substances; suppression of illicit trafficking in narcotic drugs and psychotropic substances; dealing with the consequences of having money,
which are generated, used or intended for
drug trafficking, illicit financial flows or illegal use of the banking system (in particular, measures to prevent money laundering); strengthening the judicial and legal system.

The UN Secretary-General is invited to submit an annual report to the General Assembly on activities within the framework of the World Program of Action. The International Day against Drug Abuse (26 June) proclaimed in 1987 by the UN General Assembly
drugs and their illicit trafficking should be celebrated in a manner that raises awareness of the fight against drug and psychotropic substance abuse and illicit trafficking, and promotes preventive measures.

Combating the recruitment of mercenaries. In the Middle Ages and later, mercenaries played a significant role in the wars that were fought on the European continent. Nowadays
the attitude towards this institution has changed radically. Change
found legal codification in the 1989 Convention against the Recruitment, Use, Financing and Training of Mercenaries. According to the Convention, it is an offense
are the actions of both the mercenary himself and the person who recruits, uses, finances or
mercenary training. Attempt and complicity are also punishable. Private States shall provide for appropriate penalties in national legislation, taking into account the seriousness of these crimes.

A mercenary is a person who is specifically recruited to participate in an armed conflict or in joint violent actions aimed at undermining the constitutional order or territorial integrity of the state. The main motive for a mercenary's participation in an armed conflict or violent actions is the desire to receive personal gain in the form of significant material reward. The mercenary is not
is a citizen of states in a state of armed conflict or a state against which violent actions are directed. In addition, the mercenary is not part of the armed forces of the warring states. Members of the armed forces of a non-belligerent state sent to perform their official duties are not considered mercenaries (see Chapter 21).

The Convention contains a common formula for determining jurisdiction: the territorial principle, the nationality principle and the universal principle. States report the results of proceedings in mercenary cases to the UN Secretary-General. Extradition is regulated in the same manner as in the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 1973.

3 Legal assistance in criminal cases

Criminal procedural actions of state authorities
limited by its territory, whereas for normal
administration of justice in criminal cases is sometimes necessary
carrying out procedural actions on the territory of another
states. Since the principle of state sovereignty excludes direct actions by the authorities (including the judiciary) of one state on the territory of another, a request for assistance remains the only opportunity to perform the necessary procedural actions. Cooperation between states in providing legal assistance in criminal cases
develops at the level of bilateral relations and regional
agreements, certain issues of such cooperation are also included in multilateral international treaties (for example, issues of extradition of criminals).

In Russia there are agreements on legal assistance for
civil, family and criminal cases with more than 20 states, concluded former USSR. The provisions relating to legal assistance in criminal matters are essentially similar in all these treaties and are as follows.

^ The following types of legal assistance in criminal cases are provided: delivery and forwarding of documents, provision of information about current law and judicial practice, interrogation of accused, defendants, witnesses, experts, conducting examinations and judicial examinations, transfer
material evidence, initiation of criminal prosecution, extradition of persons who committed crimes. A written request for legal assistance is provided and the items given remain valid. The parties inform each other about the results of the criminal prosecution. At the request of the party, a copy of the entered into legal agreement is sent
the force of the sentence.

Transfer of convicted persons. In 1978, Berlin adopted the Convention on the Transfer of Persons Sentenced to Imprisonment to Serve a Sentence in the State of Which They Are Citizens. The Convention provides for the transfer to serve a sentence of those convicted under a sentence that has entered into legal force. The transfer is carried out on the initiative of
the state whose court passed the sentence, with the consent of the state whose citizenship the convicted person has.

In 1983, the Convention on the Transfer of Sentenced Persons was adopted in Strasbourg. Although the Convention was adopted within the Council of Europe, Art. 18 and 19 allow, under a certain procedure, the participation in it of states that are not members of the Council of Europe. The number of parties to this Convention will increase in the coming years; they speak in favor of such a development of affairs
events taking place in Europe and calls to join it, which are contained in the Helsinki Documents.

4. International handling standards
with offenders

Within the UN, documents have been developed and adopted that establish certain standards for the administration of justice. They contain norms of behavior officials, to one degree or another involved in the administration of justice, rules for the treatment of offenders, rules protecting victims of crime. Such documents, in particular, include the Standard Minimum Rules for the Treatment of Prisoners, which were adopted at the 1st UN Congress on the Prevention of Crime and the Treatment of Offenders in 1955 and then approved by ECOSOC. The rules are not an international treaty; they serve as a model for states when developing national standards in
this area.

The rules consist of two parts: the first contains general rules in relation to all categories of prisoners, the second part contains rules in relation to special categories of prisoners, namely: convicted persons, mentally ill and mentally handicapped persons, persons under investigation, prisoners under civil cases and prisoners for security reasons. The rules are based on the principle of non-discrimination on many grounds and take into account the religious beliefs and moral beliefs of prisoners.

The general rules stipulate that in all places of detention a special register is maintained, in which the necessary data on each prisoner is entered. Separate detention of prisoners is provided depending on gender, age, previous criminal record, etc. The rules establish requirements for living and working premises, and both solitary and shared cells are possible. Clothing must be appropriate to the climatic conditions, and if a uniform is required, it must not be offensive or degrading. Food must be
nutritious enough to maintain health and strength, good quality and well cooked. To provide medical care, all institutions must have at least one qualified medical worker, patients must be placed in special institutions or in regular
hospitals.

Disciplinary punishment of prisoners is possible only for behavior that is classified as a disciplinary offense by law or by order of the competent authorities. In the same order, the type is determined
and the measure of punishment, corporal punishment is unacceptable. The prisoner must be given the opportunity to adduce relevant facts and reasons in his defense. Punishment in the form of strict detention or reduction of food can be imposed only if there is a written
doctor's opinion about what the prisoner can endure
this is punishment.

The administration of the establishment can use the funds
restraint to prevent escape during transport, for medical reasons on the instructions of a doctor and by order of the director of the establishment when other measures are ineffective. In any case, the use of restraints such as shackles and chains is prohibited.
Every prisoner upon arrival at the institution must be
informed about the rules and requirements established
in this establishment in such a volume that he clearly gave himself
report on your rights and responsibilities. Prisoners must
be able to maintain contacts with the outside world through both correspondence and visits with relatives and friends. Foreign citizens must have a reasonable opportunity to maintain contact with diplomatic and consular representatives of their states, and if there are none in the country of their imprisonment, then with representatives of those
states that have taken upon themselves to protect their interests.

The Rules contain requirements for establishment staff. First of all, the staff must have special vocational training, which is maintained and improved while working through the course system. If possible, the staff should include psychologists, psychiatrists, teachers, doctors, and industrial training specialists. The director and at least one doctor must live either in the establishment itself or close to it. Women's departments must be headed by female employees, male employees are allowed into women's departments only if accompanied by female employees. Employees of establishments may only use force in self-defense, to prevent escape attempts and to actively or passively resist orders issued in accordance with the laws and administrative regulations of the competent authorities. Employees who, while performing their duties, are in direct
contact with prisoners must carry weapons only in
exceptional cases.

The international community devotes considerable attention to the prohibition of torture. Already in the Universal Declaration of Human Rights there was a provision according to which no one shall be subjected to torture or to treatment or punishment that is degrading or
cruel, inhumane. This requirement became a norm of international law, being included in the Covenant on Civil and Political Rights.

In 1975, the UN General Assembly adopted the Declaration on the Protection of All Persons from Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Based on this Declaration, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was developed and adopted in 1984.

Torture refers to such actions by officials
or persons acting in an official capacity to obtain information or confessions, punish actions, intimidate or coerce. These actions can be performed either by the official himself or with his knowledge or tacit consent or at his instigation. States -
Parties to the Convention undertake in their criminal legislation to consider all acts of torture as crimes and to establish penalties taking into account their grave nature. The issues of jurisdiction and extradition are dealt with in the Convention in the same manner as in the Prevention and Punishment Convention.
crimes against internationally protected persons, including diplomatic agents, 1973.

For international monitoring of compliance with the provisions of the Convention, the Committee against Torture was created, consisting of 10 experts elected by the states parties to the Convention for a period of 4 years with the right of re-election. States Parties submit for consideration by the Committee
reports detailing the measures they have taken to
fulfillment of obligations. Besides. The Committee, upon receipt of reliable information containing, in its opinion, substantiated evidence of the systematic use of torture in the territory of a State Party, invites its cooperation in considering this information. WITH
Taking into account the State's observations, the Committee may appoint several of its members to conduct a confidential investigation and submit a report to it. The results of the investigation are sent to the state with the comments and suggestions of the Committee.

A special procedure has been established for the Committee's consideration of communications from States parties regarding violations of obligations by other parties to the Convention and communications from individuals that they have been victims of violations by States of the provisions of the Convention. These procedures operate in relations only between those states that, by a special statement, have recognized the competence of the Committee to receive and consider such communications. In the first case, the Committee provides good offices to the parties in order to achieve an amicable resolution of the issue. In the second, after considering the communication, the Committee presents its opinion to the State party and the complainant.

In 1979, the UN General Assembly adopted the Code of Conduct for Law Enforcement Officials. The Code is not an international treaty, and therefore contains advisory norms. It consists of 8 articles, each of which is accompanied by a commentary.
Law enforcement officials are all officials concerned with the administration of law and who have police powers. This concept also includes representatives of military authorities (in uniform or civilian clothes) and state security forces in
those states in which they exercise police functions.

Law enforcement officials perform the duties assigned to them by law at all times and protect all persons from illegal acts. They respect and protect human dignity and promote and protect the human rights of all persons. Law enforcement officials may use
force only when absolutely necessary and to perform their duties. The use of firearms is permissible in exceptional cases, when the offender offers armed resistance or otherwise threatens the lives of others and when other measures are insufficient to
arrest of a suspected offender.

Law enforcement officials, when receiving information relating to the private lives of others, are required to keep it confidential and may disclose it only if required to do so for the performance of their official duties or in the interests of the administration of justice. Law enforcement officials have a duty to ensure the health of detainees and to take measures to provide medical care to those in need. This also applies to victims of crime or accidents. Acts of corruption or any
other abuses of power are incompatible with the official position of an official, and if committed, he is subject to punishment to the fullest extent of the law. Respect for the law and use of all opportunities to prevent its violation is the responsibility of law enforcement officials.

5. Cooperation in the fight against
crime within international
organizations

One of the goals of the UN is to implement international cooperation in resolving international problems social and humanitarian nature. The fight against crime as a social and humanitarian problem is
one of the practical activities of the UN. Of its main bodies, the General Assembly, ECOSOC, and the Secretariat are involved in this problem to one degree or another. The UN Congress on the Prevention of Crime and the Treatment of Offenders and the UN Committee on Crime Prevention and Control are directly involved in the fight against crime.

The UN Congress on the Prevention of Crime and the Treatment of Offenders, in accordance with the decision of the UN General Assembly in 1950, is convened once every five years. Its participants are states represented by the relevant delegations. The delegations include senior police officials, criminologists, penologists, specialists in the field of criminal law and human rights. In addition, individual participants are involved in the work of the Congress sessions. The main goal of the Congress is to, taking into account the achievements at the national level of various states, determine the directions and means of preventing and combating crime,
and the treatment of offenders. Significant role
Congress in adopting international standards in this area of ​​activity. For example, at the Eighth Congress (Cuba, 1990), in particular, documents were adopted such as model agreements on the extradition of criminals, mutual assistance in criminal matters, the transfer of criminal cases to each other, on the prevention of crimes related to encroachment on cultural heritage, etc.

The duration of sessions is limited to two weeks, and therefore for them successful work requires thorough preparation. This is the responsibility of the UN Committee on Crime Prevention and Control. The Committee is a permanent expert body, whose members (27 members) are elected
ECOSOC, at the proposal of states, for 4 years and act in a personal capacity. When electing, the principle of equitable geographical distribution and the high qualifications of the candidates are taken into account.

The International Criminal Police Organization (Interpol) carries out practical work to combat crime. The highest body of the Organization is the General Assembly, in which all states are represented. The working order of the General Assembly is sessional, sessions are convened annually. The Assembly has the authority to deal with all issues of the Organization's activities; it can create special commissions on a temporary or permanent basis.

The Executive Committee is a body of limited membership. It consists of a President, three (four) Vice-Presidents and 9 delegates, elected by the Assembly for 4 years (President) and 3 years (Vice-Presidents and Delegates) without immediate re-election. The Executive Committee monitors the implementation of the decisions of the General Assembly, prepares the agenda for its next session, and monitors the activities of the Secretary General. Meetings of the Executive Committee are held at least once a year, its members act as representatives of the Organization.

The General Secretariat consists of permanent services of the Organization. It is headed by the Secretary General, who is elected by the Assembly on the proposal of the Executive Committee for 5 years; The role of the Secretary General in the Organization is significant. The Secretariat implements the decisions of the Assembly and the Executive Committee and is international center information and crime control, maintains relations with national and international institutions, with national central bureaus, etc.

The uniqueness of Interpol in comparison with other international organizations is that the structure of its bodies includes national central bureaus (NCBs) of member states. NCB is a special working apparatus operating as part of the national body to which
the state assigned its representation to Interpol.
The NCB maintains contacts with the Interpol Secretariat, with the NCBs of other member states, and with the authorities of its state.

The goals of the Organization are to promote broad mutual cooperation among all criminal police authorities, as well as to create and develop institutions that can help prevent and combat crime. The organization does not engage in assistance in matters of a political, military, religious or racial nature.

Firstly, Interpol's goals are further served by the Organization's being a criminal registration center. Interpol maintains such general registration files as an alphabetical file of all known international criminals, a file on the appearance of criminals, a card file
documents and titles, crime files. The special registration files are represented by dactyloscopic and photographic ones.

Secondly, Interpol is conducting an international search for criminals. This is the procedure. The relevant authority of the Member State contacts its NCB with a request to search for a criminal hiding abroad. The NCB checks the compliance of the request with the requirements of the Interpol Charter, requests additional information, if necessary, and sends the request to the General Secretariat, which in turn determines the compliance of the request with Art. 3 of the Charter and, recognizing it as appropriate, sends it to the NCB of the member states of the Organization. National Bureaus, having received
request, determine the admissibility of the search under the national legislation of their country and, if the answer is positive, transfer the request to the police for execution. When a criminal is discovered, the police detain him in accordance with the legislation of his state and notify his NCB. The latter notifies the Secretariat and the NCB of the country initiating the search, which urgently informs the interested body of its state. After this, a request for extradition is sent and if the issue is resolved positively by the NCB, the initiator of the search reports this to the General Secretariat, which notifies other states about the termination of the search.

Interpol's role as an information center in the broadest sense is also significant. In this regard, statistical and information services and technical assistance operate successfully.

Membership in Interpol of the USSR (since 1990) passed to Russia.

When approaching this topic, the question immediately arises whether it is legitimate to talk about the international fight against crime at a time when crimes are committed on the territory of a certain state and fall under the jurisdiction of that state.

In fact, the fight against crime in any state is not international in the literal sense of the word. The jurisdiction of this state and the competence of its law enforcement agencies apply. Similarly, crimes committed outside its territory, for example on the high seas on ships flying the flag of that state, fall under the jurisdiction of a state.

Taking into account the fact that in all cases the principle of jurisdiction of a particular state applies to a crime, the international fight against crime refers to the cooperation of states in the fight against certain types of crimes committed by individuals.

The development of cooperation between states in this area has come a long way.

At first, the simplest forms were used, for example, reaching an agreement on the extradition of the person who committed the crime, or on any other actions related to a particular crime. Then the need arose to exchange information, and the volume of this information was constantly expanding. If earlier it concerned individual criminals and crimes, then it is gradually filled with new content, affecting almost all areas of the fight against crime, including statistics and scientific data on the causes, trends, forecasts of crime, etc.

At a certain stage, the need arises to exchange experiences. As scientific and technological progress develops, cooperation in this area is also changing and playing an increasingly significant role in relations between states.

The same thing happens with the provision of legal assistance in criminal cases, including searching for criminals, serving documents, questioning witnesses, collecting material evidence and other investigative actions.

Recently, the issue of providing vocational and technical assistance has occupied a prominent place in relations between states. Many states are in dire need of equipping their law enforcement agencies with the latest technical means necessary to combat crime.

For example, detecting explosives in the luggage of air passengers requires very complex and expensive equipment, which not all states are able to acquire.

Of particular importance are joint actions or their coordination, without which law enforcement agencies of various states cannot successfully combat certain types of crimes and, above all, organized crime. Although the fight against international crime remains a task of paramount importance, more and more attention is being paid to the problem of crime prevention, the treatment of offenders, the functioning of the penitentiary system, etc.

Cooperation between states is developing at three levels.

1. Bilateral cooperation.

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

2. Cooperation on regional level due to the coincidence of interests and nature of relations between countries in a certain region.

For example, in 1971, 14 OAS member states signed the Convention on the Prevention and Punishment of Acts of Terrorism in Washington. On 20 April 1959, in Strasbourg, member countries of the Council of Europe signed the European Convention on Mutual Assistance in Criminal Matters.

Within the CIS, in 2002 in Chisinau, the Commonwealth countries signed the Convention on Legal Assistance in Civil, Family and Criminal Matters.

• 3. Cooperation at the universal level began within the framework of the League of Nations and continued at the UN. Currently, a whole system of multilateral universal treaties in the field of international criminal law has been created:
  • - Convention on the Prevention and Punishment of the Crime of Genocide, 1948;
  • - Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949;
  • - Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, 1956;
  • - International Convention on the Suppression and Punishment of the Crime of Apartheid, 1973;
  • - Tokyo Convention on Offenses and Certain Other Acts Committed on Board Aircraft, 1963;
  • - The Hague Convention for the Suppression of Unlawful Seizure of Aircraft, 1970;
  • - Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971;
  • - Convention on narcotic substances 1961 ;
  • - Convention on Psychotropic Substances 1971;
  • - Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988;
  • - Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 1973;
  • - International Convention against the Taking of Hostages, 1979;
  • - Convention on the Physical Protection of Nuclear Material, 1979, etc.

International cooperation in the fight against crime involves states solving several interrelated tasks:

• - agreement on the classification of crimes that pose a danger to several or all states;
• - coordination of measures to prevent and suppress such crimes;
• - establishing jurisdiction over crimes and criminals;
• - ensuring the inevitability of punishment;
• - providing legal assistance in criminal cases, including the extradition of criminals.

Cooperation between states in the fight against crime is carried out in several directions:

Recognition of the danger to the community of states of certain criminal acts and the need to use joint measures to suppress them.

Providing assistance in searching for offenders hiding in foreign territory. There are two possible channels of implementation - through diplomatic institutions and through direct connections between the authorities conducting search and investigation in their country (law enforcement agencies).

It is necessary to note the expansion of this area of ​​​​cooperation: if previously states turned to a specific country with a request to search for or extradite a criminal, now this search is being conducted on a worldwide scale, and a search is announced not only for the escaped criminal, but also for stolen property. In order to facilitate the search, information is sometimes exchanged.

Assistance in obtaining the necessary materials in a criminal case. If a crime is committed or committed in several countries or part of it is committed in another state, etc. Witnesses and physical evidence may be located in another state. In order to obtain materials on the case, in some cases it is necessary to carry out investigative actions abroad, which is carried out by sending a corresponding separate order. This may be an order to interrogate a witness, victim, inspect the scene of an incident, etc.

The agreement determines what kind of instructions can be given to the relevant authorities of another state. The body that must carry out this instruction is guided by its national procedural norms, and answers to all questions posed in the instruction must be given.

Providing practical assistance to individual states in resolving crime problems and studying these problems.

This type of assistance is expressed in sending experts to individual countries who are called upon to provide specific assistance (to determine the main directions in the fight against crime, to give recommendations on the organization of the penitentiary system, etc.).

Studying the problems of crime and combating it. For this purpose, international congresses are convened. Conferences, international organizations and research institutes are created.

Exchange of information. States often agree to provide each other with information necessary for the successful investigation and capture of a criminal, as well as other information of a criminal nature. In particular, the exchange of information about sentences passed against citizens of another country. Typically, this type of information exchange occurs once a year.

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

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

When solving problems of scientific and practical adequacy of types of crimes and international methods and systems of countering them, it is necessary to take into account the following:

1. The main responsibility for controlling and combating crime falls on national (intrastate) systems for preventing, combating and treating offenders.

International and international legal techniques and methods of combating crime play a supporting, but increasingly important role and are increasingly systemic in nature.

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

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

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

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

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

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

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

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

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

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

Main directions and forms of international cooperation in the fight against crime

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

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

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

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

Here, as in other areas of cooperation relating to problems of an economic, cultural and humanitarian nature, strict and strict adherence to the norms and principles enshrined in the UN Charter, which constitute a solid foundation on which the activities of the UN must rest, is required.

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

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

The main areas are the following:

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

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

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

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

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

It seems that in connection with the specifics of such crimes and criminal phenomena as terrorism and international terrorism, and in connection with the peculiarities of the organizational and legal methods of combating them, the time has come to resolve the issue of creating an intersystem (national law and international law) branch of law - “Anti-terrorism right".

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

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

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

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

Bilateral and regional agreements on the extradition of criminals have been concluded and are in force. International governmental and non-governmental organizations pay attention to this institute.

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

International cooperation in the field of legal assistance in criminal cases is being developed on a contractual basis: in issuing material evidence, ensuring the appearance of witnesses, transferring objects obtained by criminal means, as well as the exchange of relevant specialists and technologies.

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

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

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

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

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

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

In the period after the Second World War, such an area of ​​international cooperation as providing professional and technical assistance to states in their fight against criminal crime has fully developed and is expanding.

If earlier the provision of such assistance occurred on a bilateral basis and sporadically, then from the late 1940s it began to be carried out also through the system of UN bodies and at the regional level. This area is closely related to the scientific and information area of ​​international cooperation and the activities of the UN in the fight against criminal crime.

The main types of vocational and technical assistance in the field of crime control are the provision of scholarships, the dispatch of experts and the organization or facilitation of seminars.

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

Since the mid-1960s, due to changes in the quantitative and geographical representation of UN member states, scholarships, as a rule, began to be provided to specialists from countries that had freed themselves from colonial dependence. However, there is a problem here effective use experience gained, because the level of crime control and the possibilities for this in the country of residence of the fellow and the country that sent him, as a rule, differed sharply. Later, this problem was relatively solved by the creation of regional UN institutes for the training of specialists from among those receiving scholarships.

More effective form provision of professional and technical assistance in the fight against crime to countries in need of it, was the sending of experts at the request of the governments of the relevant states. This kind of practice was carried out both on a bilateral basis and with the assistance of the UN and other international organizations. Requests for scientific research in relevant areas, as well as for the development of crime prevention plans, have increased in recent years.

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

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

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

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

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

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

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

Cooperation within international organizations in such a specific area as the fight against criminal crime is important and promising.

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

In 1998, a real breakthrough occurred in the creation of international criminal justice bodies: the Rome Statute of the International Criminal Court was approved. It came into force on July 1, 2002.

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

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

The general trend towards expanding international cooperation in this area is associated with people's concern about the existence of crime, which hinders their socio-economic and cultural development. Each state is, to one degree or another, susceptible to criminality and transnational crimes and therefore strives (albeit with difficulty) to varying degrees interest) to get acquainted with the experience of other states in combating them, as well as pass on their experience to them. This forms the basis for the further development of international cooperation in the fight against crime.

UN bodies dealing with crime issues

Problems of international cooperation in the fight against criminal crime as social and humanitarian issues are considered by the UN Economic and Social Council. In addition, the UN General Assembly once a year, mainly in the Third Committee (Social and Humanitarian Affairs), considers reports of the UN Secretary-General on the most important important issues international cooperation in the prevention, control and treatment of offenders. In recent years, the number of crime-related issues before the General Assembly has increased significantly.

The UN Congress on Crime Prevention and Criminal Justice is a specialized UN conference convened once every five years. The Congress is a forum for exchanging practical guidelines and promoting national and international efforts to combat crime.

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

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

Since 1955, the Congress has addressed more than 50 complex topics. Many of them were devoted either to the problem of crime prevention, which is the immediate task of this international conference as a specialized UN body, or to the problem of treating offenders. Some topics related to the problems of combating specific offenses, in particular crimes committed by minors.

A total of 12 congresses took place. The latter was held in Salvador (Brazil) from 12 to 19 April 2010. In accordance with the decision adopted by the UN General Assembly, the main theme of the 12th Congress was: “Integrated strategies to respond to global challenges: crime prevention and criminal justice systems and their development in a changing world."

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

1. Children, youth and crime.
2. Terrorism.
3. Crime prevention.
4. Migrant smuggling and human trafficking.
5. Money laundering.
6. Cybercrime.
7. International cooperation in the fight against crime.
8. Violence against migrants and their families.

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

1. International Criminal Justice Education to Support the Rule of Law.
2. A review of UN and other best practices in the treatment of prisoners in the criminal justice system.
3. Practical approaches to crime prevention in cities.
4. Links between drug trafficking and other forms of organized crime: a coordinated international response.
5. Strategies and the best views Crime prevention practices in correctional institutions.

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

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

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

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

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

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

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

Resolution 1979/19 contributed and is promoting the development of directions and forms of international cooperation in the fight against crime, based on the principles of respect for the sovereignty of states and non-interference in their internal affairs, peaceful cooperation. In addition, she contributed to the creation and functioning of the current intergovernmental Commission on Crime Prevention and Criminal Justice.

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

Other UN bodies involved in the fight against crime, in addition to the Congress and the Commission, informing the UN about the state of the fight against crime in their countries (legislation and projects), include: the Institute (network) of National Correspondents, the United Nations Social Protection Research Institute (UNSDRI). ), regional institutes for social development and humanitarian affairs with an Office in Vienna for the Prevention of Crime and the Treatment of Offenders, and the UN Vienna Center for Crime Prevention and Criminal Justice, which also has an office for the prevention of terrorism.

Interpol - International Criminal Police Organization

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

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

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

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

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

The General Assembly meets annually. Decisions are made by a simple majority of votes, with the exception of those for which the Charter requires a majority of 2/3 votes (election of the President of Interpol, changes to the Charter, etc.).

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

The permanent services of Interpol are the General Secretariat and the Secretary General.

A special place in the system of Interpol bodies is occupied by the National Central Bureaus of the member states of the Organization. Structurally, as a rule, NCBs are part of the department that bears the main responsibility in the country for the fight against crime.

The Russian National Central Bureau of Interpol is the main directorate of the Central Office of the Ministry of Internal Affairs of Russia.

The main tasks of the National Central Bank are:

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

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

Advisors are selected from among persons of international repute in the area of ​​activity of interest to the Organization. The Councilor may be removed from office by decision of the General Assembly.

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

International counter-terrorism cooperation between states and international organizations

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

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

However, it has become possible to talk about cooperation between states in this area, about emerging forms, directions, techniques and methods only since the late 1990s, when to a certain extent, at least outwardly and officially, relative and comparative unity in the world in understanding the concept terrorism and international terrorism; in classifying terrorist acts as criminal offenses in accordance with national legislation and international legal norms; in understanding the causes and conditions that give rise to these crimes and criminal phenomena; in understanding the political and legal framework for preventing, combating and controlling them and, finally, in creating national and international institutional bodies and systems of bodies to combat them. New stage counter terrorist activities The UN began on the eve of the third millennium: September 8, 2000. The General Assembly, based on the experience of many countries of the world and as if anticipating the tragedy of September 11 in the USA - the attack on the International Trade Center in New York and its destruction, terrorist attacks in the Russian Federation, etc., adopted the Millennium Declaration, which places significant emphasis on the need to develop concerted actions to prevent and combat such crimes.

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

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

The creation of an international legal framework for anti-terrorist cooperation of subjects of international law (primarily states and international intergovernmental organizations) is associated with the development, adoption and entry into force of 16 multilateral agreements, such as the Tokyo Convention on Crimes and Certain Other Acts Committed on Board Aircraft, 1963 g., Hague Convention against Aircraft Hijacking and Offenses Committed on Board Aircraft, 1970, International Convention for the Suppression of the Financing of Terrorism, 1999; regional agreements, such as, for example, the Organization of American States Convention on the Prevention and Punishment of Acts of Terrorism taking the Form of Offenses against Persons and Related Extortion, When These Acts are of an International Character, 1971, the Suppression of Terrorism Convention, extremism and separatism Shanghai organization cooperation 2001, International Convention for the Suppression of Acts of Nuclear Terrorism 2005, etc.; and finally, numerous and quite effectively operating bilateral agreements on the fight against terrorism. Currently, the main problem is joint actions of states to combat terrorism on this broad legal basis.

These treaties not only facilitate cooperation between government agencies of the relevant profile - law enforcement and crime control, but also, in cooperation with the UN, define international institutional counter-terrorism mechanisms.

The Russian Federation is a party to the mentioned international multilateral anti-terrorism conventions.

The most important legal principle of the conventional mechanism of anti-terrorist cooperation is the principle of aut dedere aut judicare (“either extradite or judge”). It is intended to ensure the inevitability of punishment for committing acts of terrorism and thereby a higher level of law enforcement measures, emphasizing mandatory prosecution and punishment for attacks of a terrorist nature at the national (domestic) and international (interstate) level.

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

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

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

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

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

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

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

In the Russian Federation, the main institutional bodies (system of bodies) are the National Anti-Terrorism Committee (NAC), as well as the anti-terrorism commissions of the constituent entities of the Russian Federation. They were preceded by the Interdepartmental Anti-Terrorism Commission and the Federal Anti-Terrorism Commission (1997 - 2006). The NAC and commissions were created and operate in accordance with the Federal Law of March 6, 2006 N 35-FZ “On Countering Terrorism”.

International institutional systems include the following:

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

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

According to clause 1.2 of the Regulations on the ATC, the general management of the Center’s work is carried out by the Council of Heads of Security Agencies and Special Services of the CIS Member States. In its work, the Center is obliged to interact with the Council of Ministers of Internal Affairs of the CIS member states, the Council of Commanders of the Border Troops, their working bodies, as well as the Bureau for Coordination of the Fight against Organized Crime and other dangerous types of crimes on the territory of the CIS member states.

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

3. The Collective Security Treaty (CST) of the CIS member countries of 1992, created primarily to ensure military security, can also be classified as a counter-terrorist institutional system. Currently, it is a full-fledged MMPO - an international intergovernmental organization of a defensive regional nature - the CSTO, operating on the basis of the Treaty and Charter (2002), political and legal documents, with a clear structure aimed at countering both "old" military threats and " new", in particular terrorist.

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

5. The Group of Eight, the most industrially developed states, are also on the path to creating an institutional counter-terrorism system, which “strengthened their resolve to counter terrorism” back in 1978. The Joint Declaration on the Fight against Terrorism was approved in Ottawa (Canada) 12 December 1995. The Declaration sets out the fundamentals of the policy of the G8 member states on the control of terrorism and international terrorism (to deter, prevent and investigate terrorist acts). This became the most important direction in the work of the G8 after the events of September 11, 2001. Based on the Joint Statement of the Leaders of September 19, 2001, the G8 launched cooperation in the fight against terrorism, unprecedented in scale and intensity, and plays a major role in the global anti-terrorist coalition. Russia also attaches fundamental importance to the continuation of this work on a solid basis of international law with the leading coordinating role of the UN and its Security Council.

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

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

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

The countries of the world have not yet created a full-fledged legal framework that takes into account international legal regulations, the activities of international structures and institutional counter-terrorism systems.

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

The system of norms regulating the organization and activities of national and international institutional systems is of a complex legal nature;

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

International criminal justice

International criminal tribunals of the first half of the 20th century. In January 1919, at a meeting of the heads of government and foreign ministers of Great Britain, the United States, Italy, France and Japan, a Commission was established to consider the responsibility of the initiators of the First World War, which recognized the right of each belligerent to try persons guilty of violating laws and customs war. In the final report of this Commission, all crimes committed by Germany and its allies were divided into two categories: 1) preparation and outbreak of war; 2) deliberate violation of the laws and customs of war. Articles 227 and 228 of the Treaty of Versailles of 1919 provided for the trial of the former German Kaiser Wilhelm II and his associates for actions contrary to the laws and customs of war, and the obligation of Germany to hand over war criminals to the victorious powers.

The former German Kaiser was accused of "the greatest crime against international morality and the sacred power of international treaties" and was subject to trial by a special tribunal consisting of five judges from the above-mentioned powers. Other war criminals were to be tried by national military courts. However, the trial of Wilhelm never took place, since Holland, on whose territory the Kaiser found refuge, refused to extradite the former German emperor.

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

At the beginning of 1920, the Allied powers presented to the German government lists of persons (about 890 people in total) who were subject to extradition on the basis of Art. 227 Treaty of Versailles. The total list was subsequently reduced to 43 names.

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

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

However, the lack of political will on the part of the Allies to bring about trials of war criminals does not detract from the significance of the Treaty of Versailles as, among other things, establishing the norm according to which a person’s official position in the state should not serve as a basis for his release from responsibility for crimes against peace, humanity and war crimes .

The Treaty made an important contribution to the process that had begun in international law to criminalize specific atrocities committed before and during war. The very raising of the question of punishment for this type of crime and the attempt to implement justice were of great importance.

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

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

Thus, in the statement of the Soviet government dated October 14, 1942, “On the responsibility of the Nazi invaders and their accomplices for the atrocities committed by them in the occupied countries of Europe,” the hope was expressed that all interested states would provide each other with mutual assistance in the search and extradition , bringing to trial and severely punishing the Nazi rulers and their accomplices guilty of organizing or committing crimes in the occupied territories, and most importantly, it was considered necessary to immediately bring to trial a special international tribunal and punish to the fullest extent of the criminal law all the leaders of Nazi Germany who were already in the process war in the hands of the allies.

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

During negotiations in London (June 28 - August 8, 1945), official representatives of the USSR, USA, Great Britain and France signed an Agreement on the prosecution and punishment of the main war criminals of the European Axis countries. It included the decision to establish an International Military Tribunal for major war criminals whose crimes were not related to a specific geographical location(IMT), as well as its Charter, which defined the organization, jurisdiction and functions of the IMT. The Charter provided for the creation of a Committee to investigate and prosecute major war criminals.

Somewhat later, in 1946, the International Military Tribunal was created for Far East, who tried major Japanese war criminals. The charter of this judicial entity was signed by 11 states, including the USSR.

Before the start of the trial, the IMT held several organizational meetings in Berlin, at which questions about its regulations, the organization of translations, the invitation of defense lawyers to the trial, and some others were considered. On October 18, 1945, the opening meeting of the IMT took place in Berlin, at which its members took the oath, the main prosecutors presented the indictment, and the defendants were given copies of it.

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

There were 24 defendants in the dock, allocated in special group major war criminals, - Goering, Hess, Ribbentrop, Keitel, Kaltenbrunner, Rosenberg, etc. The prosecutors brought against them either acting individually or as members of any of the following groups or organizations to which they respectively belonged, namely: the government cabinet , the leadership of the National Socialist Party, security detachments of the German National Socialist Party (SS), state secret police (Gestapo), etc.

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

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

a) crimes against peace, namely: planning, preparing, initiating or waging war of aggression or war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy aimed at carrying out any of the foregoing acts;

b) war crimes, namely: violations of the laws or customs of war. These violations include the killing, torture, or deportation into slavery or other purposes of the civilian population of the occupied territory; killing or torturing prisoners of war or persons at sea; hostage killings; robbery of public or private property; wanton destruction of cities or villages; devastation not justified by military necessity and other crimes;

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

The directors, organizers, instigators and accomplices who participated in the formulation or execution of a common plan or conspiracy to commit any of the above-mentioned crimes shall be liable for all acts committed by any persons in furtherance of such plan."

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

The sentence of imprisonment is served in a state designated by the Court from the list of states that have notified the Court of their readiness to accept persons who have been sentenced. When designating the State in which the sentence will be served, the Court takes into account whether the State has recognized international treaty standards for the treatment of prisoners, as well as the nationality and opinion of the person sentenced.

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

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

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

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

The Special Court for Sierra Leone was established in accordance with the Treaty between the UN and the Government of Sierra Leone of January 16, 2001 and Security Council Resolution 1315 (2000) of August 14, 2000. The Court began work on July 1, 2002.

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

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

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

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

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

The Special Tribunal is composed of the following bodies: Chambers, including the Pre-Trial Judge, the Trial Chamber and the Appeals Chamber; Prosecutor; Secretariat; Office of the Defense.

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

The Charter of the Special Tribunal provides, subject to certain conditions, the possibility of trials in absentia if the accused: a) has expressly waived in writing his right to be present at the trial; (b) has not been placed at the disposal of the Tribunal by the relevant government authorities; (c) is a fugitive or undetectable and all reasonable steps have been taken to ensure his appearance before the Tribunal and his notification of the charges confirmed by the Pre-Trial Judge.

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

Extraordinary chambers in the courts of Cambodia were created based on an agreement between the UN and the Government of Cambodia. The Law establishing Extraordinary Chambers in the Courts of Cambodia to try crimes committed during the existence of Democratic Kampuchea (ECK), which is the main legal document of this Court, was adopted by the Parliament of Cambodia on January 2, 2001 (as amended on October 27, 2004) and approved by the Treaty between the UN and the Royal Government of Cambodia dated June 6, 2003. It provides for liability for genocide, for crimes against humanity, for serious violations of the Geneva Conventions of 1949, the Hague Convention on the Protection cultural values 1954 and for certain crimes under the Cambodian Penal Code of 1956 (murder, torture, religious persecution).

The purpose of the Extraordinary Chambers is to bring to justice the senior leaders of Democratic Kampuchea and those most responsible for crimes and serious violations of Cambodian criminal law, international humanitarian law and customs and international conventions recognized by Cambodia, which were committed in the period from April 17, 1975. to January 6, 1979

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

The main structural divisions of the Extraordinary Chambers are: The judicial body, consisting of the Pre-Trial Chamber (chamber), the Trial Chamber (chamber), and the Chamber (chamber) Supreme Court, the Office of the Co-Prosecutors, the Office of the Investigating Judges and the Administrative Division. Each division includes both local specialists and international employees.

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

In September 2010, the Court ordered the start legal proceedings according to the Indictments against the four accused. Having considered the pleas of the four accused, the Pre-Trial Chamber affirmed and partially amended the Indictments and reordered the commencement of the trial in January 2011. The trial commenced with an initiation hearing in June 2011.

The parties began making opening statements in November 2011.

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

Thus, among the acts that form the legal basis for the activities of mixed courts in Kosovo, one should include UN Security Council Resolution 1244 (1999) of June 10, 1999, which authorized the Secretary-General to establish an international civilian presence in Kosovo - the UN Interim Administration Mission in Kosovo (UNMIK) - to establish an interim administration for Kosovo; UNMIK Order No. 1999/1 of July 25, 1999 “On the Provisional Administration Body in Kosovo”; UNMIK Order No. 2000/6 of February 15, 2000 “On the appointment and removal from office of international judges and international prosecutors.”

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

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

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

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

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

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

The UN Transitional Administration in East Timor (UNTAET) was established in accordance with UN Security Council Resolution 1272 (1999). By assigning overall responsibility for the administration of East Timor to UNTAET, the Security Council vested it with full legislative and executive powers, including the administration of justice. In the above Resolution, the Security Council, expressing concern at reports indicating that systematic, widespread and gross violations international humanitarian law and human rights, stressed that the perpetrators of such violations bear personal responsibility, and called on all parties to cooperate in the investigation of the facts contained in these reports.

UNTAET Order No. 1999/3 of December 3, 1999 on the establishment of the Transitional Commission on the Judicial System; N 2000/11 of March 6, 2000 “On the organization of courts in East Timor”; N 2000/15 of June 6, 2000 “On the establishment of Boards with exclusive jurisdiction over serious crimes”; N 2000/30 of September 25, 2000, “On the provisional rules of criminal procedure,” laid the legal basis for the activities of the College with exclusive jurisdiction over serious crimes in East Timor.

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

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

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

Organizationally, the Colleges with exclusive jurisdiction include: the Serious Crimes Unit; Judicial Panels (each of two international judges and one judge from East Timor); the Dili District Court of Appeal, composed of two international judges and two East Timorese judges; The Prosecutor's Service of East Timor, which carries out the functions of maintaining public prosecution.

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

The procedure for establishing an ICT gives serious reasons to doubt that it meets, in particular, the requirements of the provisions of Art. 14 of the International Covenant on Civil and Political Rights of 1966, according to which all persons are equal before courts and tribunals. Everyone has the right to have his case heard by a competent, independent and impartial tribunal established by law. Legal proceedings in the ICT were based on the principles of national rather than international law. The composition of the judiciary and prosecutors of the ICT was national in composition.

The question of whether the considered bodies of international criminal justice constitute unified system, did not receive an unambiguous answer in the domestic doctrine. Let us only note that the lack of a uniformly understood, exhaustive list of criteria necessary to recognize the existence of such a system, differences in the legal basis for the establishment and activities, jurisdiction and organization of well-known international criminal courts and tribunals, and the not entirely clear order of relationships and interactions between them do not allow today to give a positive answer to the question mentioned above.

The Nuremberg and Tokyo military tribunals, the ICTY and ICTR, which are completing their activities, the current ICC, as well as such hybrid judiciary, like the Special Court for Sierra Leone, the Special Tribunal for Lebanon, the Extraordinary Chambers in the Courts of Cambodia, the Panels with exclusive jurisdiction over serious crimes in East Timor, as well as the mixed courts in Kosovo, with all their imperfections and shortcomings in their work, carried out and continue to carry out the important work of international justice in this imperfect world, promoting "belief in fundamental human rights, in the dignity and worth of human