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International Combating The Crimes Harming The Economic Development Of States бесплатно рефераты

International Combating The Crimes Harming The Economic Development Of States

International Combating The Crimes

 Harming The Economic Development Of States

by Kevin W. Godley, Brian Wilson

(extraction)



After disintegration of the former Soviet Union, and the camp of socialism, the new order was established. And the basic element of this order is the multipolarity of the world, the availability of several centres of influence.


And one of elements reflecting today's condition is the instability caused by the various factors and here not the last role plays the criminal factor. The difficult economic, political and social situation, low standards of living, growth of poverty - all this is nutritious environment for the development of criminality.


The states as the institutes, in which responsibility is the organization of struggle against criminality, already have serious difficulties in  combating the criminals crossing their ways. They are compelled to cooperate and to render one another legal assitance on criminal cases.


All defects of international cooperation in this are  area immediately used by the offenders for fulfilment and concealment of traces of crimes of international character, the number of is growing rapidly today.


Since 80-th years the growth rates of criminality in the world, were increased on the average by 5 % annually. Only in the USA there are 35 billion crimes committed annually. It is possible to note, that in Russia for the period from1991 to 1995 13 million crimes were registered  and in 1995г. - 3million.


According to the opinions of the experts, in some countries the losses from fraud in financial sphere are equivalent to the sum making 10 % of the annual internal gross product of this country.


The illegal turn-over of drugs brings to criminals the profit, amount of which makes 500 billion US dollars per year. This sum is equal to a total sum a GNP of two thirds of the members - states of the UN.


The large incomes they have and from economic crimes, character and which methods are constantly improved.


The more and more complex and refined manipulations with the prices on international and national exchanges are marked; sale of securities by the persons and establishments, engaging confidential information; frauds with credit cards; illegal trade of the weapon and ammunition; transfer of the incomes from illegal activity in foreign banks and their «washing up» by various methods; crimes against the cultural property; an intellectual piracy connected to the illegal edition and use of products, inventions and opening; a counterfeiting.


In this connection it is considered quite tolerant, that today from  1 million USD only three hundred are false.


The international danger of listed and other crimes considerably grows. They destabilize the activity of the governments, undermine bases of civil company, restrain the rights and freedom of the person, entail pernicious consequences for economic and social development of the states and represent threat to safety of the state.


 This crimes damage normal economic development of the states and usually complicated by presence of a foreign element, sometimes are the part of a crime which is made on territory of other state.


The legal basis of activity of the states in combating international crime is international criminal law, which is a branch of international public law.


If the norms of international criminal law are not transformed into the national legislation, then interrogators, inspectors, public prosecutors and judges during abidance by rules of the named constitutional norm have the right to refer to the decisions to specific norms of the international agreement.


The smuggling is committed only on the territory  of two and more states and  according to the international custom, recognized by the states, is an international offense. The punishment for a smuggling is established in the national administrative or criminal legislation.


Till now there was no multilateral agreement on the struggle against smuggling. In this respect it is possible to note only CTC CONVENTION about cooperation  in combating infringements of the customs rules accepted in 1977 in  Nayrobi (Kenya).

 

Generally the smuggling includes illegal moving of any values through the border of the various states. Its danger for the international law and order is that it undermines the relations of friendship and cooperation of the states, monopoly of the states or other order in the field of foreign trade, brings harm to the economic and cultural development of the states.


Unlike other crimes the smuggling is very dynamic ally and constantly being «improved» by criminals and its updates are unpredictable. Now the greatest danger to the international community is represented by a smuggling of weapons to hot points of our planet. Quite often smugglers serve to the representatives of the separate states which are supplied  with the illicit weapons various extremist, ultra-right, ultra-left, ultra-nationalistic,  and frank fascist groups, as well terrorists and simply criminals.


The Subject of  smuggling is not only shooting, but also other kinds of the weapon, including the ammunition and explosive substances. According to the information of the UN, the representatives of some states also use services of smugglers of the weapon  «There is also black market of the weapon, of shooting weapon and buyers of which can use in case when foreign governments do not satisfy their needs. The sizes of this market cannot be determined, and therefore also it is impossible to evaluate its real significance».


 In practice, the international-legal combating such smuggling is not conducted because the weapon is a legal object of foreign trade, and export of the weapon — Legal tool of external policy of a state.


By virtue of the public danger,  the smuggling is known for the national law of all states. In our country the struggle against it is conducted on the basis of the customs, administrative and criminal codes.


 


The legalization of the criminal incomes became widely  circulated in the countries with market economy. The mechanism of these crimes is rather complex. As it is shown in the circuit, indicated in appendix, extracted by a criminal way money removed abroad and located in different countries on the accounts of business banks.


On these finances criminals create enterprises and banks, by an official way buy foreign currency, conclude external economic and other contracts. The accomplices of such crimes are the workers of banks hiding the actions under pretext of preservation of bank secret.


This crime is referred to the Strasbourg convention on «washing up», revealing, withdrawal and confiscation of the incomes from criminal activity 1990 to the number of international crimes. The state-participants have undertaken the obligations to announce «washing up» of such money as a crime, to accept the laws in order to search, withdraw and confiscate the illegally received finances, to remove all restrictions from disclosure or unfair use by the workers of banks data about the holdings of the bank clients.


The states have undertaken obligations to fix legally the rights of access of the authorized officers of law-enforcement bodies to banking operations allowing duly investigation of these crimes.


Several  states, having joined this Convention, already have introduced to their national legislation essential amendments.


For example, in Great Britain  since 1994 acts the law, according to which the workers of all banks which have not informed law-enforcement bodies about unusual, suspicious moving of money resources, can be called to account in the criminal liability and to get up to 14 years of deprivation of freedom.


Earlier in the Netherlands started to act the law obliging the bank workers to inform law-enforcement bodies about receipt on the accounts of the bank customers of the sums of more than 25 thousand guldens. About the origin of such means the account holder is obliged to give an explanation. The similar norms are in USA, Italy and other countries.


The certain contribution to strengthening struggle against these crimes has been introduced in International conference on prevention of «washing up» of money, using the incomes from criminal activity and combating these illegal incomes, conducted by the UN in Hens - Mayer (Italy) in June, 1994, and World conference on the organized and transnational criminality at the governmental level, organized by UN in  Naples (ITALY) in November 1994.


At the World conference conducted under auspices of the UN the Neapolitan political declaration and Global plan of actions against the organized transnational crime were adopted,  and further authorized by the resolution of General Assembly of the United Nations.


In this Declaration of heads of the states and governments, ministers and the officials of law-enforcement bodies have accepted the decision to protect the countries from criminal incomes and from international criminal organizations by adopting effective legislative measures and operative means.


The Global plan of actions emphasized the necessity of rendering the technical assistance by the United Nations, including communication of experience and exchange training, developing the drafts of bills, special training of the officials of criminal justice,  acquisition, analysis of the information about the indicated crimes and exchange by it.


The Conference accepted offer of the representatives from  Italy about establishing on its territory  new International training centre for the officers of the law-enforcement bodies and the system of criminal justice.


One of the problems of this Centre — communication of experience of combating legalization of the criminal incomes and other economic crimes of international character.


Among other documents, it is necessary to mention  Facultative protocol to the Standard Agreement about the mutual assistance in the field of criminal justice concerning the incomes of crimes, accepted by the resolution of the General Assembly of the UN in 1990.



Illegal operations with narcotic means and psychotropic substances are the most widespread among considered crimes. Attempts of the states alone to combat these crimes were almost unsuccessful. The epidemic of drug habit went worldwide.


In 1909 there was the  first international organization to struggle against the drug abusing — Shanghai commission. It coordinated cooperation of the states in the struggle against an illegal turn-over of drugs, which has become to be qualified as an international criminal offence.


Now only in the UN, there are several commissions who act in the field of  combating these crimes:


- UN Commission on narcotic means, which determines the policy of international community in the field of the international control of drugs. In its structure 40 members appointed by Economic and Social Council (ECOSOS) of the UN;


- The department of the UN on narcotic means in Vienna. It acts  for the abovementioned Commission as Secretariat and supports political will of governments by granting the information and services of the experts;


- International council of controlling the narcotic means (ICCNM), consists of 13 members - experts appointed by ECOSOS for supervision over action of system of the international agreements for controlling  drugs and psychotropic substances. Annually it  presents the report on world situation in the field of the control drugs and psychotropic substances;


- the United Nations Fund of Drug Abuse Control (UNFDAC), which is financed at  the cost of voluntary contributions, helps countries in planning and realization of the specific programs of the drugs control and rehabilitation of drug addicts. In 1989 the Fund rendered the assistance in realization of 152 projects in 49 states;


- the United Nations Drug Control Programme (UNDCP), according to which General Assembly of the  UN annually hears the report of the General Secretary about realization of the World program of actions on combating against illegal production, offer, demand, turn-over and distribution of narcotic means and psychotropic substances. Such attention is not casual. The public danger of these crimes grows. The object of their encroachment is not only health of the people, but also external economic relations among the states, damage to pharmaceutical and other branches of national economy. They render negative influence on the relations with those countries, which  condone offences in this area and default the international obligations, taken per.


Along with growth and distribution of drug addiction there had been developed the  process of development, perfection and rapprochement of the international and national legislation on directions of agreements between the states and national measures of criminal, administrative and medical character.


The first international agreement became the Hague convention adopted 1912, which  fixed the following basic rules:


- the production and distribution of crude opium should be supervised by legislation;


- its smoking should be eradicated;


- the production, sale and use of drugs should be limited by the law extremely in the medical purposes etc.


Subsequently 9 international agreements on struggle against considered crimes had been adopted. Among them it is necessary to mention the Convention on prohibition of illegal trade of narcotic means adopted in 1936.


With the purposes of unification of the numerous international norms of law, in 1961 the Uniform convention on the narcotic means which have replaced all earlier  Conventions in this area except for the Convention 1936 was adopted .


The article 36 of Single Convention describes 18 punishable acts: cultivation, production, manufacturing, extraction, preparation, storage, offer with commercial objectives, distribution, purchase, sale, delivery on any terms, brokerage, dispatch, transshipment in transit, delivery, importation and exportation of drugs made in infringement of the Convention norms.


Besides, the Convention gives the interpretation  of cultivation, importation, exportation and other acts. This list cannot be full, therefore the state in norms of the national legislation can recognize criminal, for example, consumption of drugs.


All of them are conditionally subdivided into illegal operations manufacturing-oriented of narcotic means, their sale and purchase and transportation.


The experts know about 500 kinds of narcotic means, which are made in mainly from  plants which contain narcotic substances. (poppy, hemp, coca, cannabis and etc.). Narcotic properties have also psychotropic substances, which cause in the person relaxation, hallucination or depression.


They are artificially created medicines, rendering influence on mental functions of the person. They are even known as tranquilizers or antidepressants.


It establishes the measures regulating  the control of production and distribution of psychotropic substances, gives their provisional list, sets  the criminality and punishability of these acts at the discretion of states. In the Convention there is no list criminally punishable acts.


Both conventions order the states, that all serious and deliberate illegal operations with narcotic means and psychotropic substances be punished by the imprisonment or other punishment connected with deprivation of freedom (article 36 of Convention of 1961 and article 22 of Convention of 1971).


In violation of these norms Iran, Iraq, Pakistan, Malaysia and other countries (about 12) established death penalty for the use and distribution of drugs.


The conventions provide a territorial principle of punishment of criminals, i.e. under the laws of the state, on which territory the crimes are accomplished.


On a place of detention of a criminal the jurisdiction is carried out only for  the reason  of inadmissibility of his extradition.


The UN Convention of maritime law also contains the norm about struggle against these crimes. Under the maritime law. According to an article 108 all states cooperate in suppression of illegal trade of drugs and psychotropic substances realized by ships in the high sea in violation of the international rules.


The Convention 1988 determines as criminal the following acts: production, manufacturing, extraction, distribution, sale, delivery on any terms, transportation, import or export, and also cultivation of poppy, cocaine sheets, cannabis with the purposes of illegal production of drugs.


The public instigation or prompting others to fulfillment such acts and introduction into criminal arrangement with the purposes of their fulfillment (article 3) is punished also.

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