HISTORICAL AND LEGAL ASPECTS OF FORMATION AND DEVELOPMENT OF INTERNATIONAL STANDARDS IN THE FIELD OF STRUGGLE WITH TRANSNATIONAL ORGANIZED CRIME - Наукові конференції
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HISTORICAL AND LEGAL ASPECTS OF FORMATION AND DEVELOPMENT OF INTERNATIONAL STANDARDS IN THE FIELD OF STRUGGLE WITH TRANSNATIONAL ORGANIZED CRIME

20.12.2017 18:24

[Секція 4. Кримінальне право. Кримінальне процесуальне право. Криміналістика. Кримінологія. Кримінально-виконавче право. Судоустрій. Правоохоронні органи, прокуратура та адвокатура]

Автор: Sagynysh Ayaganova, Master of Law, PhD Candidate, The Academy of Law enforcement agencies under the General Prosecutor’s office of the Republic of Kazakhstan


The history of practical awareness of transnational organized crime (hereinafter referred as "TOC") has been slow. For the first time, the UN addressed this issue at the Fifth Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva in 1975, where it was recognized that crime in the form of international business poses a more serious threat than traditional forms of criminal behavior.

Subsequently, this problem was touched upon in 1980 at the Sixth Congress in Caracas, when considering the issue of offenses and offenders that are beyond the reach of the law at the Seventh Congress in Milan in 1985, it was stressed that organized crime remains unpunished using gaps in the legislation of various countries [1].

The Eighth United Nations Congress, held in Havana in 1990, noted: "Organized crime poses a direct threat to national and international security and stability and represents a frontal attack on political and economic authorities, and also creates a threat to statehood itself. It violates the normal functioning of social and economic institutions and compromises them, which leads to a loss of confidence in democratic processes. It undermines the development process and negates the gains achieved. It puts the population of whole countries in the position of the victim and exploits human vulnerability, while earning income. It encompasses, entangles and even enslaves whole sections of society ... and involves them in various and interconnected criminal enterprises " [2].

Of particular importance was the World Ministerial Conference on Organized Transnational Crime (Italy, Naples, 21-23 November 1994), where a whole range of issues related to organized crime was discussed:

- the problems and dangers posed by TOC in various regions of the world;

- national legislation and its compliance with the requirements for combating various forms of TOC, appropriate guidelines for legislative and other measures at the national level;

- the most effective forms of international cooperation to prevent and combat TOC at the level of investigation, prosecution and trial;

- appropriate methods and guidelines for the prevention of

TOC and its control at the regional and international levels;

- the desirability of developing international instruments, including conventions against TOC;

- conclusions and recommendations of the International Conference on the Prevention of Money Laundering and the Use of the Proceeds from Crime and the Fight against It: A Global Approach [3].

The conference was a significant stage in the activities of the UN, aimed at strengthening international cooperation in the fight against the top. Representatives of 142 countries represented by heads of state, their deputies, prime ministers and their deputies took part in the work of the conference. A detailed analysis of the causes of the spread transnational organized crime and identified the most typical spheres of criminal activity: illegal arms trade, drugs, energy and nuclear materials; theft and smuggling of cars; organized forms of illegal migration and trafficking; illegal trafficking in human organs body (grafts); illegal exploitation of prostitution; Use of gambling and show business for "laundering" of criminal income; Theft and trade in works of art and antiques; fabrication and counterfeiting of counterfeit money, securities and payment documents; Theft and illegal trade in precious metals and stones; illegal trade in wild animals (especially their rare species), etc.

In the course of the conference, the Naples Political Declaration and the Global Plan of Action against the TOC were adopted unanimously, approved by the General Assembly in resolution 49/159, which called upon the state to implement them without delay. The Political Declaration expressed the determination to protect the country from organized crime in all its forms through strict and effective legislative measures and operational means. In the Global Plan of Action, participants identified measures to be taken by States to counteract the impact of the TOC [3].

In 2000, a high-level political conference was organized in Palermo (Italy) to sign the UN Convention Against the TOC, which summarizes all the previous experience of States in creating international legal instruments aimed at combining efforts to prevent and combat TOC. Together with the protocols that complement the main text of the Convention, in recent years it has identified significant areas for combating TOC [4].

Since 1955, 13 United Nations Congresses on Crime Prevention and Criminal Justice (with a priority of 5 years) have been held. The latter completed its work on April 19, 2015 in Doha. It adopted the Doha Declaration, in which main aspects of strengthening the criminal justice system and combating transnational organized crime, and confirmed commitment of the participating States to the fight against organized crime and supporting effective, just, humane and accountable criminal justice systems [1].

A brief excursion into the history of the emergence and development of such a phenomenon as the TOC shows the long-standing and growing alarm of the international community related to the threats of the type of criminal activity in question. 

However, in many countries, including Kazakhstan, there is no awareness of the real threat of the TOC, since many transnational crimes remain latent, and there is no world statistics on this crime. Interpol, the UN and other international organizations are trying to collect world statistics on organized crime, but as a rule they face difficulties due to the following reasons: there is no acceptable definition of the TOC, the heterogeneity of the criminal legislation of states, the difficulties of differentiating between international and domestic acts, etc. [5].

In connection with the aforementioned facts, we consider it advisable to recommend the establishment at the national level of law enforcement agencies, anti-terrorist units that will prevent and counter the TOC, to identify organized, sustainable communities with multidisciplinary activities and operating in one or more narrow spheres, formed on the basis of ethnicity and terrorist organizations pursuing political goals, at the same time to provide appropriate assistance to other states and maintain a close relationship with international organizations.

Thus, in modern conditions, the interdependence of states and the internationalization of crime, cooperation in combating this negative social phenomenon acquires special significance. All countries should strive for interaction at the interstate level with relevant universal and regional organizations, to participate in international projects aimed at countering the TOC. This cooperation should be conducted under the auspices of the United Nations as the leader and coordinator of the anti-criminal efforts of states. Only by common efforts can the spread of the influence of criminal organizations be stopped, creating everywhere unacceptable conditions for their activities, consistently adhering to the principle of inevitability of punishment, regardless of the territory of which state the crime was committed.

Literature:

1. https://en.wikipedia.org/wiki/United_Nations_Congress_on_Crime_Prevention_and_Criminal_Justice.

2. A guide for discussion at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. A/CONF. 169/PM.1Corr. P.39.

3. http://www.imolin.org/imolin/naples.html.

4. United Nations Convention against transnational organized crime and the protocols thereto. United Nations, New York, 2004. P.92.

5. Offences related to terrorism, organized crime, selected forms of property and violent crime. Situation in 1988. P.610.

_______________________________

Scientific supervisor: Shaikhmetov Shakir Shamilievich, Ph.D., Associate Professor, The Academy of Law enforcement agencies under the General Prosecutor’s office of the Republic of Kazakhstan



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