International Combating The Crimes Harming The Economic Development Of States 
4. Supervisory Board for the Internal Control of INTERPOL's Archives At
its 51st session (Torremolinos, 1982), the General Assembly approved the
creation of a Supervisory Board composed of five members of different
nationalities.
It is the duty of this Board to verify that personal information
contained in INTERPOL's archives is: (a) obtained and processed in accordance
with the provisions of the Organisation's Constitution and the interpretation
thereof given by the appropriate organs of the Organisation; (b) recorded for
specific purposes and not used in any way that is incompatible with those
purposes; (c) accurate; (d) kept for a limited period in accordance with the
conditions laid down by the Organisation. Nationals or permanent residents of
the Organisation's Member States may ask the Supervisory Board to make
available a list of the archives held by INTERPOL.
They may also ask the Board to verify that any personal information
which the Organisation holds about them complies with the conditions listed
above. The Board notifies the requesting party that the verifications requested
have been carried out. The Supervisory Board meets three times a year. It
submits an annual report on its activities to the Organisation's Executive
Committee. During its meetings, it checks on personal information in the files,
both at the request of private individuals and on its own initiative
5. The National Central Bureaux (NCBs) Experience has shown that there
are three main factors which tend to hamper international co-operation. In the
first place, the different structures of various police forces often make it
difficult for outsiders to know which particular department is empowered to
deal with a case or to supply information. Secondly, the fact that different
countries use different languages can become a barrier to communication.
Finally, problems can arise from the fact that legal systems vary
considerably throughout the world. In an attempt to solve these problems, it
was decided that the Government of every Member State should appoint one
permanent police department to serve as its country's INTERPOL National Central
Bureau and act as the focal point for international co-operation. In most cases
the department chosen is a high-level one, with wide powers, able to reply to
any request from the General Secretariat or from another NCB and capable of
launching large-scale police action by other national law enforcement agencies
whenever necessary.
The NCBs are staffed solely by their own countries' police officers or
government officials who always operate within the limits set by their own
laws. The NCBs' activities can be summarised as follows: they collect
documents and criminal intelligence which have a direct bearing on
international police co-operation from sources in their own countries, and pass
this material on to the other NCBs and the General Secretariat; they ensure
that police action or operations requested by another country's NCB are carried
out on their territory; they receive requests for information, checks, etc,
from other NCBs and reply to such requests; they transmit requests for
international co-operation made by their own courts or police departments to
the NCBs of other countries; the Heads of NCBs attend INTERPOL General
Assembly sessions as members of their countries' delegations, and subsequently
ensure that the Assembly's resolutions are implemented.
The NCBs communicate directly among themselves. However, they keep the
General Secretariat informed of their investigations so that the latter can
perform its task of centralising information and co-ordinating co-operation.
6. Advisors For assistance on specific matters, INTERPOL can consult
Advisers appointed by the Executive Committee. These Advisers serve for three
years and are highly qualified experts with worldwide reputations in fields of
interest to the Organisation.
7. Standing Committee on Information Technology (SCIT) The Standing
Committee is composed of technical experts representing a certain number of
NCBs. It meets twice a year to give expert opinions and advice to the Executive
Committee on any new technology being considered for the Organisation.
Besides Interpol, another international organization
which plays an important role in international cooperation on combating
international crime is the United Nations Organization.
Among main bodies a UN to questions of the prevention of criminality
and struggle from it(her) attend: general Assembly, ECOSOC,
Secretary a UN and number of the specialized establishments a UN.
The UN General Assembly considers the reports of the UN General
Secretary on major problems of international cooperation under the prevention
of crime and struggle against it.
These problems also considered by the number of committees of General
Assembly: main committees [Third and Sixth], Committee on the prevention of
crime and struggle against it, special committees and commissions: special
committee on international terrorism, and the number of workgroups.
Economic and Social Council (ECOSOC) - the UN main organ, which defines
practical problems of organization of international cooperation by the
preventing the international crime and cmbating with it. ECOSOC is authorized
to make the reports on struggle against crime and to make the recommendations
in this area to the UN General Assembly in order to prepare the projects of the
conventions and to convoke international conferences on struggle against
criminality.
UN congress on the preventing the crime and handling with the
offenders - the specialized conference a UN, was established in 1950. The
sessions of this Congress are conducted once per 5 years.
The participants of the Congress are the representatives of the states,
of the specialized establishments a UN and its bodies.
The members of delegations from the states can be the representatives
from ministries, law-enforcement agencies, scientists, experts and advisers.
To the competence of a Congress concerns: determination of main
directions of cooperation of the states under the prevention of criminality,
development of the programs and recommendations for the solving this problem,
assistance to communications exchange and coordination of cooperation of the
states in the UN on the preventing and struggle against distribution of
criminality, determination of main principles of cooperation in this area.
Other body, to which the organization and coordination of cooperation
of the states in struggle against criminality is assigned, is the constantly
acting UN Committee on preventing of criminality and struggle against it. It
consists of 27 experts acting in personal quality, appointed by ECOSOC. The
sessions of the committee are conducted once per 2 years. The participants of
sessions of this Committee are the representatives of UN special
establishments engaged with problems of criminality, interdepartmental
(Interpol) and international government agencies (International association of
the international law, International association of the lawyers - democrats
etc.).
The specialized establishments a UN - UNESCO, ILO, ICAO, WHO
also concern the questions of struggle and prevention of crime and as agreed
with ECOSOC introduce the proposals to the appropriate bodies of the UN.
Among bodies a UN occupied with questions of struggle
against criminality, the special place occupies « The Institute of the national
correspondents ». It is the body of the special competence created in 1950
and consists of the representatives of the states and have high qualification
in the field of the national jurisdiction.
The correspondents inform in bodies of the UN, on practical measures
methods of struggle and prevention of criminality, which are carried out in
countries, represented by them,, and also inform the appropriate bodies of the
countries on main directions of struggle against criminality in the international
scale.
Prospects in combating against crime and strenghtening law and order
for maintenance of economic and cultural development.
In a history of each state the transition to new social quality, always
passed on a background of criminality. And the growth of criminality is not
only serious obstacle in a way of reforms, but in certain circumstances bears
direct threat to achievement of the purposes, scheduled in transitive period.
Together with the further development of economy and transition to the
new level in various spheres of civil society andstatehood, there is a change
and development of various kinds of criminality, as there appears new patterns
of ownership, business and other changes accompanying the process of transition
to the market economy.
In this plan it is necessary to note that alongside with change and
increasement of separate kinds of crimes occur new, up to the present moment
unknown to our country kinds of a crime.
However, as was already marked above on background of common decrease
of criminality the number of separate crimes, and particularly smuggling
(mainly weapon and narcotic means) grows.
It would be worth upon creation of a state programme on struggle
against criminality and preventing it to include in this programme items on the
conclusion of the intergovernmental and interdepartmental agreements on
struggle against smuggling.
It is necessary to indicate one more aspect of smuggling making it in
modern conditions as a dangerous crime of international character, frequently
closed with other dangerous encroachments to the financial system of the
states. In a 1976 in India was arrested Chando Nakhat. By creating the ramified
network of the agents, using the blank forms of the documents of Reserve Bank
of India he transferred the large sums of the public funds in a foreign
currency to the banks of USA, Switzerland, Hongkong.
In these banks the money had been converted to gold which then secretly
was imported into India, where it was sold of Indian currency and bringing
superprofits and loosening a national economy.
It is obvious, that the modern updates of smuggling and crimes,
connected to it are not limited. The criminals armed by such craft, can be
involved as well in such financial crimes as legalization of the criminal
incomes and counterfeiting.
As well in some interstate agreements and agreements the necessity of
cooperation and on the given kind of crimes was determined.
Other factor of a rarity of this kind of a crime, on my sight, is
uncompletely developed market economy with its elements, where carried out the
free movement of capital, including importation both exportation national and
foreign currency from the foreign states.
At present it is the «positive» factor constraining growth of «washing
up» of money, however in the near future, after achieving the certain stages
of development it can become quite serious problem.
Study of experience of foreign countries (first of all such countries
with the advanced market economy as USA, Great Britain, France, Germany) in
struggle against legalization of the illegal incomes and prevention of the
given kind of crimes.
Conclusion of the intergovernmental agreements about mutual cooperation
in the field of struggle against illegal financial transactions, including
legalization of the criminal (illegal) incomes.
Within the framework of cooperation to provide mutual
informationexchange, which can promote prevention, revealing, suppression and
disclosing of financial transactions connected to legalization of the incomes,
received illegally namely the following:
The information of legal character, particularly about the national
legislation aimed against illegal financial transactions, and financial
transactions connected to legalization of the incomes, received by an illegal
way, sanctions stipulated for such infringements;
About the forms and methods of the prevention(warning), revealing,
suppression and disclosing of illegal financial transactions, and also
financial transactions connected to legalization of the incomes, received by an
illegal way;
About transferring of currency values between the states-psrticipants
of agreement;
About infringements of realization of financial transactions both
development of the forms and methods of legalization of the incomes received
by an illegal way;
About financial transactions connected to reception of the incomes,
which, under the items of information of competent bodies, probably, are
received illegaly;
Interaction on realization of measures directed to reveal illegal (from
the point of view of the national legislation of country) of financial
transactions, and also financial transactions connected to legalization of the
incomes, received by an illegal way;
Realization of joint analytical studies on problems touching mutual
interests of countries - participants of the agreement in financial
transactions, incomes, connected to legalizations, received by an illegal way, rendering
assistance, in training the experts, in creation of
information systems ensuring fulfilment of problems on prevention and revealing
of financial transactions, incomes, connected to legalizations, received by an
illegal way;
Other kind of the crime, encroaching on economic development of the
state - counterfeiting, is also closely connected to all considered in the
present work crimes, especially with smuggling.
For effective struggle against the this crime and its prevention the
expedient acceptance of the following measures is recommended:
Conclusion of the bilateral agreements or creation of the regional
convention about rendering of the mutual assitance on struggle against
counterfeiting and definition of them in the rules of these documents.
Harmonistaion of norms of the legislation of the agreeing states, information
exchange, among the competent agencies of agreeing countries about revealing
false legal currency of these countries, and also about the preparing or
committed crimes, about participation of juridical bodies andindividuals in
these crimes, realization of joint scientific conferences,
communication exchange and training of the experts,
The realization of the above-stated measures
would promote the further reduction of quantitative structure of crimes of the
this kind.
By the last kind of offences ecnroaching the economic development of
the states is an illegal turn-over of narcotic means and psychotropic
substances.
This kind of crimes not only encroaches the economic development of the
states, but also represents real threat to safety for bases of the state, as
these crimes closely connected to the organized crime which gathered the
capital by a criminal way, is triying to penetrate into imperous structures.
The important condition of increase of efficiency of struggle against
an illegal turn-over of narcotic means and psychotropic substances is
strengthening preventive measures. The latter requires revealing the reasons
and conditions promoting their commitment. For example such as:
Insufficient work of law-enforcement agencies on statement on the
record-keeping of the individuals inclined to commitment crimes, connected with
drugs. So about 33 % of the early condemned for the indicated crime persons
were not delivered on the preventive record-keeping;[26]
Extraction of a large profit by the people producing and selling
narcotic substances. In a pursuit of profit distributors constantly use all
methods to expand a circle of the consumers of drugs. The extraction of huge
profits attracts to narcobusiness the organized crime.
The experience of struggle against narcomafia in foreign countries
shows, that one of major directions of activity of the organized crime is the
wide circulation of narcotic means and psychotropic substances.
The attributes of participation of structures of the organized crime in
our republic are present.
To such attributes it is possible to relate: participation in illegal
operations with narcotic means of a fair quantity of the persons; complex
hierarchical structure of criminal groups (availability one or several organizers,
divisions executing security and intelligence functions); connection of
criminal groups with the separate workers of law-enforcement bodies and state
structures;
Absence of due interaction between law-enforcement bodies and wide
sections of state and public organizations.
Main defect of work on struggle against narcobusiness is singlepurpose
approach of law-enforcement bodies, It is impossible to win drug additcion as a
social evil, using the forces only of law-enforcement bodies. It is the problem
of all our society.
With the purposes of increase the efficiency of preventive measures of
struggle against crimes connected with drugs, it is represented expedient:
During realization of measures on revealing and destruction of illegal
crops conatining narcotic substances to distribute optimally forces and means
of law-enforcement bodies, widely attracting the representatives of public
organizations;
To use advanced experience of world practice on revealing and
destruction of underground plantations of plants conaining narcotic substances,
struggle against illegal manufacturing and distribution of drugs;
The struggle against an illegal turn-over of narcotic means and
psychotropic substances should be carried out on a basis of scientifically
developed nation-wide comprehensive programme. Among main sections it should
contain:
The particular(specific) purposes and problems, and also radical and
complex measures on struggle against narcobusiness ;
Study and use of foreign experience of struggle against distribution of
narcotic means and psychotropic substances (first of all - experience of
Interpol);
Maintenance by the competent staff - experts able to handle struggle
against an illegal turn-over of narcotic means and psychotropic substances. It
assumes first of all training of the experts - professionals.
For these purposes in educational establishments of system of
law-enforcement bodies it is necessary: to create the specialized groups,
branches or faculties with training of the future experts under the separate
programs; to organize short-term courses, where the employees of departments
would increase professional skills on struggle against narcobusiness;
invitation in educational establishments of system of law-enforcement bodies of
the teachers from foreign countries for teaching separate courses connected
with these subjects; exchange by experience or professional training in the
appropriate divisions of a Interpol or law-enforcement bodies of other states
of the employees.
And one of obligatory conditions of successful work on struggle against
narcobusiness and qualitative preparation of the experts in educational
establishments (divisions) should become study and knowledge of one - two
foreign languages.
It is represented, that the realization of the above-stated proposals
will promote strengthening of struggle against an illegal turn-over of narcotic
means and psychotropic substances.
In front of the developing states there is a complex problem of search
of optimum conditions for legal struggle against crimes encroaching their
economic development.
These problems are connected not only to improvement of the criminal
legislation and its practical application by bodies of the criminal justice,
but the usage only measures of legal struggle against crime in particular with
economic, is insufficient.
In this plan, one of questions worth before the states for maintenance
of successful struggle against crimes damaging the economic development of the
states is realization of successful international cooperation on struggle
against this kind of offences.
In the plan of legal struggle against crime the process of integration
is displayed in harmonization of the national legislation in conformity with
requests of the international agreements, implemenation of norms of the
international law to the national legislation, conclusion of the interstate,
intergovernmental and interdepartmental agreements on rendering the mutual
assistance on criminal legal relations, participation in international organizations
(such as Interpol), exchange of scientific and technical information and
experience, realization of a joint conferences and so on.
The present work reviewed and analyzed the questions of one group of
crimes of international character, namely criminal offences harming the
economic development of the states (smuggling, legalization of the illegal
incomes, counterfeiting and illegal turn-over of narcotic means and
psychotropic substances), and also questions and problems of realization of
international cooperation of the states on struggle against these kinds of
crimes were considered.
With allowance for above-stated, the decision of the most essential
problems of cooperation seems especially important, to me in the field of
struggle against crime, protection of law and order and maintenance of the
rights and interests of the citizens.
First of all, this is the problem of improvement of legislative base,
which purpose - creation of conditions for closer and fruitful communications
of competent agencies, for realization of more effective struggle against
crime.
Also at present stage the special importance acquires such aspects of
law-enforcement activity as problems of participation of the representatives of
bodies of the justice in development of new documents directed to the prevent
the crime and to struggle,exchange of experience, scientific and technical
information and monitoring of changes of the last scientific and technological
achievements, so that the norms of the legislation accordingly reacted to these
changes and innovations.
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