ПОЛИТИКО-ПРАВОВАЯ РЕГЛАМЕНТАЦИЯ ПРОТИВОДЕЙСТВИЯ МЕЖДУНАРОДНЫМ ПРЕСТУПЛЕНИЯМ

Берестовенко А.Л.

Аспирант факультета национальной безопасности,  Российской академии народного хозяйства и  государственной службы при Президенте РФ, Россия, г. Москва

ПОЛИТИКО-ПРАВОВАЯ РЕГЛАМЕНТАЦИЯ ПРОТИВОДЕЙСТВИЯ МЕЖДУНАРОДНЫМ ПРЕСТУПЛЕНИЯМ

Аннотация

К числу проблем, вызывающих тревогу  всего мирового сообщества, относится   транснациональная  преступность, представляющая собой новый уровень организованной преступности, пересекающей государственные границы и  игнорирующей национальные  и международные законы и нормы. Противодействие государств проявлениям транснациональной организованной преступности идет по разным направлениям, в числе которых и борьба с незаконным оборотом наркотических средств, террористическими акциями и конфликтно-силовыми проявлениями. Международным уголовным правом выработаны механизмы и направления борьбы с рядом транснациональных преступлений. В настоящее время  Российская Федерация   является участником многих международных конвенций в области противодействия  транснациональной преступности.

Ключевые слова: Международное право, транснациональная преступность,  наёмничество, финансирование терроризма, акты насилия, законодательное противодействие, политика  сотрудничества  в противодействии.

Berestovenko A.L.

The graduate student of faculty of national security, of the Russian academy of national economy and public service at the Russian President, Russia, Moscow

POLITICAL AND LEGAL REGULATION OF COUNTERACTION TO THE INTERNATIONAL CRIMES

Abstract

The transnational crime representing the new level of the organized crime crossing frontiers and ignoring national and international laws and norms belongs to number of the problems causing alarm of all world community. Counteraction of the states to manifestations of a transnational organized crime goes in the different directions, among which and fight against illicit trafficking in drugs, acts of terrorism and conflict and power manifestations. The international criminal law developed mechanisms and the directions of fight against a number of transnational crimes. Now the Russian Federation is the participant of many international conventions in the field of counteraction of transnational crime.

Key words: International law, transnational crime, mercenary activities, the financing of terrorism, acts of violence, the legislative counteraction, the policy of cooperation in counteraction.

In the document of Economic and Social council of the UN prepared for the IX Congress according to the prevention of crime and to the treatment of offenders it was noted that "organized crime creates direct threat of national, international and state stability. She carries out frontal approach to the political and legislative authorities, threatening existence of the statehood. It breaks normal functioning of social and economic institutes and compromises them that lead to loss of trust to democratic processes. It undermines development of society and nullifies the achieved success. She puts the population of the whole states in position of the victim, operates human vulnerability, taking thus the income. It covers and even enslaves many sectors of society …, it the challenge which is thrown down by criminals to bases of the government and the sovereignty is an inevitable consequence".

The international legal regulation of fight of the states against crimes of the international character against stability of the international relations covers such crimes, as: taking of hostages; the capture, stealing of aircrafts and other acts made onboard air-transport means and at the international airports, and also the illegal acts directed against the safety of sea navigation and stationary platforms located on a continental shelf; recruitment, use, financing and training of mercenaries, and their participation in military operations; illegal radio and telecasting; propaganda for war.

The problem of migration of thousands of well-armed and trained fighters who didn't want to adapt for conditions of peaceful life became one of serious problems for the world community and become for big money mercenaries, thus, the migratory problem, and the related processes of its not controllability, becomes one more aspect of a question of reproduction, both a mercenary activities, and terrorism.

The head of Security Council of the Russian Federation N. P. Patrushev, being still the Director of  FSS (ФСБ) of the Russian Federation in 2007 at a field meeting of national anti-terrorist committee in Arkhangelsk drew a conclusion that illegal migration "got signs of the organized and carefully kept dark international criminal activity" [1].

Criminal prosecution of mercenaries is carried out in three forms: under laws of the state of nationality; under laws of the state in the territory of which made criminal action, or creation of special warships at commission of crimes in the territory of several states.

Now the Russian Federation is the participant of many international conventions in the field of counteraction of transnational crime.

№ 26-FL [2] are ratified by the federal law of April 26, 2004 the Convention of the UN against a transnational organized crime of November 15, 2000 with the Protocols supplementing it: The protocol against smuggling of migrants by land, I exhaust also to air, the Protocol on the prevention and suppression of human trafficking, especially with women and children, both punishment for it and the Protocol against illicit manufacturing and a turn of firearms, its components and components, and also ammunition to it [3].

Art. 359 of criminal code of the Russian Federation " mercenary" recognizes criminal recruitment, training, financing or other material security of mercenaries, their use in armed conflict or military operations, and also participation of the mercenary in armed conflict. However, the note to Art. 379 the defining concept "mercenary", doesn't consider one of the signs established to Art. 47 of the Additional protocol  № 1-1977 of to the Geneva conventions of 1949 and excluding responsibility of the person in a case when it is staff of armed forces of the country which is in the conflict (point "e"), for example, the French foreign legion.

Further, on sense of the item "e" of Art. 47 of the Protocol follows that material remuneration has to exceed significantly remuneration "promised or paid to the combatants of the same rank and functions who are staff of armed forces of this country". It is represented that it would be necessary to bring standards of the criminal code of Russian Federation into accord with Art. 47 of the Protocol № 1 to the Geneva conventions of 1949.

The determination of the state to resist to these or those manifestations of the organized crime having transnational character is shown and in those mechanisms which are provided in the national legislation for counteraction of financing of this criminal activity [4].

The international convention of January 10, 2000. "About fight against financing of terrorism" (I came into force for the Russian Federation on December 27, 2002) provides the directions of counteraction to financing of terrorism and preparation for commission of transnational crimes within the state territory which, in a generalized view, consist in the following:

1. prohibition in territories of the states of illegal activity of persons or the organizations which deliberately encourage, incite, will organize or commit the specified crimes;
2. introduction of an obligation of the financial institutions and other organizations participating in commission of financial operations to take effective measures for identification of their clients - constant or casual, clients in favor of which open accounts, and also to pay special attention to unusual or suspicious operations and to report about the operations which are allegedly connected with criminal activity.

Member states of the Council of Europe adopted the European Convention on suppression of terrorism of January 27, 1977 which came into force for Russia on February 5, 2001 [5].

Expressed the intention to take effective measures for ensuring inevitability of criminal prosecution and punishment of the persons who conducted terrorist attacks in the specified Convention of the party.

It should be noted also Shanghai convention "About Fight against Terrorism, Separatism and Extremism" of June 15, 2001 which came into force for Russia on March 29, 2003 [6].

The State Parties of this Convention emphasized that the terrorism, separatism and extremism under no circumstances aren't subject "to a justification for reasons of exclusively political, philosophical, ideological, racial, ethnic, religious or other similar character" [7].

It is necessary to consider also war crimes. Especially it is actual in connection with events in the territory of Ukraine.

That occurred in relation to civilians, otherwise, than war crime to call difficult when women, old men, children … perished; when fields were mined, dwellings collapsed, the animal husbandry was destroyed ….

Presence in Ukraine of foreign military experts and mercenaries of private military of corporations doesn't leave doubts, and correctness of retaliatory actions against civilians is maintained by financial and material, information support of the western countries.

This group of crimes is qualified by the Hague conventions of 1907 which established the forbidden means and methods of conducting combat operations in armed conflicts (The Hague right), the Geneva conventions of 1949 regulating the international protection of the victims of war (The Geneva right), Additional protocols № 1 and 2 of 1977 to the Geneva conventions of 1949 and some other sources of the right of armed conflicts, the Guide of San Remo to the international law applicable to armed conflicts at the sea, 1994, the Convention on prohibition of military or any other hostile use of levers on environment of 1976.

The convention on prohibition or restriction of application of concrete types of conventional weapons which can be considered putting excessive damages or having not selective action, etc.

Norms of international law classify three types of war crimes: violations, serious violations of the Geneva conventions, exclusively serious war crimes. Jurisdiction of war crimes is established both standards of conventional agreements, and standards of the domestic legislation of nationality of the offender or the hostile state.

Art. 9 of the Charter of the International tribunal for Yugoslavia establishes institute of parallel jurisdiction, giving a priority of jurisdiction of the international judicial authorities.

The legislation of Russia traditionally refers war crimes of the international character to military crimes against an order of execution of military service in a fighting situation and in the war zone.

Art. 331 of the criminal code of Russian Federation establishes that criminal liability for the crimes against military service committed in a wartime or in a fighting situation is defined by the legislation of Russia of a wartime.

The link to Laws of wartime allows carrying to the list of war crimes, except military, the acts provided by Art. 146, 147 of the Convention on protection of the civilian population during war (1949); Art. 18, 65, 85, 87 of the Additional protocol № 1-1977 of to Conventions of 1949.

The existing criminal code of Russian Federation of Art. 356 establishes criminal liability "for application of the forbidden means and methods of war" (prisoners of war or civilian population abuse, deportation of the civilian population, plunder of national property in the occupied territory, application in armed conflict of the means and methods forbidden by the international treaty of the Russian Federation).

When approaching to this subject at once there is a question, whether it is lawful to speak about the international fight against crime when crimes are committed in the territory of a certain state and fall under jurisdiction of this state.

Really, fight against crime in any state isn't international in literal sense of this word. Jurisdiction of this state, competence of its law enforcement agencies works.

In the same way the crimes committed out of its territory, for example in the high sea on the sea vessels floating under the flag of this state fall under jurisdiction of the state.

Development of cooperation of the states took place in this area a long way. In the beginning the simplest forms, for example achievement of the arrangement on delivery of the person who committed a crime or of any other actions connected with this or that crime were used. Then there was a need to communicate, and the volume of this information constantly extended.

In process of development of scientific and technical progress and information space cooperation in this sphere also changes and plays more and more essential role in the relations between the states.

[1] The convention against a transnational organized crime. It is accepted by the Resolution 55/25 of the United Nations General Assembly of November 15, 2000. It is ratified by the Russian Federation on April 14, 2004. [2] Russian Federation Code. 2004. № 40. Art. 3882. [3] The federal law of August 7, 2000 N 121-FL. [4] The federal law of January 10, 2003 N 3-FL. [5] BMD. 2003. № 5. [6] Vasilyeva L.N. Transnational crimes as threat of national security of Russia (conventional mechanisms of counteraction). Magazine of Russian law, 2005, № 10. [7] Komleva N. A. Ukraine in big geopolitical game//the electronic magazine "MGOU Bulletin" - the Ukrainian crisis 2013-2014: reasons and consequences (round table). 2014, № 1// http: www.evestnik-mgou.ru

References

1. The convention against a transnational organized crime. It is accepted by the Resolution 55/25 of the United Nations General Assembly of November 15, 2000. It is ratified by the Russian Federation on April 14, 2004.
2. Russian Federation Code. 2004. № 40. Art. 3882.
3. The federal law of August 7, 2000 N 121-FL.
4. The federal law of January 10, 2003 N 3-FL.
5. BMD. 2003. № 5.
6. Vasilyeva L.N. Transnational crimes as threat of national security of Russia (conventional mechanisms of counteraction). Magazine of Russian law, 2005, № 10.
7. Komleva N. A. Ukraine in big geopolitical game//the electronic magazine "MGOU Bulletin" - the Ukrainian crisis 2013-2014: reasons and consequences (round table). 2014, № 1// http: www.evestnik-mgou.ru