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1
Belyaeva, Nina A. "International Cooperation in Criminal Digital Finance Cases." Russian Journal of Legal Studies (Moscow) 8, no. 1 (May 27, 2021): 59–64. http://dx.doi.org/10.17816/rjls62580.
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The development and application of digital technologies in the areas of governance, economy, society, etc., along with the digitalization of public life, have all led to changes in the legal sphere. The creation of legal rules governing relations connected with the digitalization and transformation of law and legal phenomena and categories are also influenced by the digitization process. The most active development is in the sphere of digital finance. Such concepts as cryptocurrency, tokens, digital financial assets, and virtual money are increasingly taking on their own legal forms. Such new technologies carry risks, because they can be used for both legal and illegal purposes. Since digital technologies are used on the Internet, a completely new, virtual environment of relations has been formed, which is unaffected by the traditional tools of industry legislation. For this reason, at the international level, a regulatory framework is beginning to form for interaction in criminal proceedings that are the subjects or means of digital financial instruments. The difficulty lies in the fact that digital technologies, although essentially based on the same software solutions, face different legal regulations and conceptual contents in different states. The purpose of this article is to analyze the current criminal procedural aspects related to international cooperation in digital finance cases.
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Kuçi, Hajredin. "International Legal Cooperation between Kosovo and Other States and Organizations." Review of Central and East European Law 43, no. 3 (August 13, 2018): 314–30. http://dx.doi.org/10.1163/15730352-04303004.
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Building a rule-of-law-based democracy is a challenge for post-communist and post-war societies. Rule of law is a priority for these societies and also one of the membership criteria required by international organizations, in particular the European Union. As such, an aspiring country like Kosovo has to face the challenge of building a legal system that is compatible with that of the European Union member states while also developing its legal cooperation with other countries. Through international legal cooperation, countries strengthen the fight against criminal actions that are punishable in all modern states and also exchange experience in combating cross-border crime, trafficking, corruption, terrorism, and other violations of criminal law. In this regard, Kosovo faces many challenges in the field of international legal cooperation, not only with regard to those missions operating in Kosovo itself (such as EULEX, UNMIK, etc.), but also with other international organizations, especially due to Kosovo’s lack of membership in them. Another challenge is cooperation with countries that have not yet recognized Kosovo as a state. This article emphasizes the efforts made by Kosovo’s institutions to engage in international legal cooperation as one of the prerequisites for building the rule of law at home. The main issues tackled in the article are how these problems are addressed in practice, which obstacles arise, what the ad hoc means are of engaging in international legal cooperation, and what the specificities and prospects are for Kosovo’s international legal cooperation. As such, the aim of the article is to examine some of the legal peculiarities and uncertainties that have been created over the years as the result of limitations on Kosovo’s international personality and to consider innovative means to ensure Kosovo’s legal cooperation with other countries.
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Klimenko, A. I., and A. A. Solukov. "The International Criminal Police Organization (Interpol): issues of legal ideology." Moscow Journal of International Law, no. 1 (July 25, 2020): 79–89. http://dx.doi.org/10.24833/0869-0049-2020-1-79-89.
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INTRODUCTION. The article is devoted to the problem of identifying the ideological and legal foundations of international cooperation of the criminal police. The paper considers International law as a special ideological form of law. One of the functions of this law is the function of organizing cooperation in combating crime at the international level. The segment of international law governing criminal police cooperation within an organization such as Interpol is primarily involved in the implementation of this function.MATERIALS AND METHODS. Using a socio-axiological approach, which studies the law not as a set of norms, but as a system of conventional values based on needs and interests of social actors in the process of legal discourse, the authors analyse the legal values and ideas that underlie the activities of Interpol. The paper studies international regulations of the Interpol activities as well as the regulations of the activities of the National Central Bureau of Interpol of Ministry of Internal Affairs of Russia, also studies theoretical materials (articles and studies), that could shed light on the aspects of formation and development of these ideas and values on the doctrinal level. The paper undertakes functional and structural analyze of the legal ideology of Interpol. It utilizes dialectical, system, formal-logical and comparative law methods.RESEARCH RESULTS. The authors build the theoretical model of the legal ideology structure and determine its basic functions. Its contents, i.e. values, ideas and principles, could formally manifest themselves in legal documents on both international and/or national levels, or informally emerge in the public legal discourse in the law enforcement field. On the functional level, the legal ideology of Interpol creates ideological foundations for law enforcement, including legal data base for combating crime and co-operation in law enforcement field and law enforcement practices, legitimizes international co-operation in combating crime, brings together international eff ts in combating crime, and strengthens international co-operation in this field. It also facilitates the universalization of the international law order and creation of legal policies in combating crime.DISCUSSION AND CONCLUSIONS. The legal ideology of Interpol is a complex system employing functional potential, that remains to be studied in details. The unique nature of ideas and values (law values), that lay ground for the legal ideology of Interpol, their high effi ency, derive from its particular functions, proven to be valuable on the modern stage of international co-operation in law enforcement field. The legal ideology of Interpol, in terms of its contents, tends to be very specific on the values level, because it encompasses legal values of conventional nature, as well as legal ideas supporting these values, and principles directed at them. Its contents never stop transforming accordingly to ever changing realities of international relations in the process of uninterrupted public legal discourse in law enforcement field. At the present moment, both its flexibility in terms of contents and functional potential allow us to see it as an important factor contributing to the development of the international law.
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Behruz oğlu İbrahimov, İbrahim. "The role and importance of extradition in the search and judgment of transmitted criminals." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 285–89. http://dx.doi.org/10.36719/2663-4619/65/285-289.
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One of the most important forms of cooperation used by states in the fight against transnational crime is the extradition of criminals. The extradition of offenders is the restoration of social justice in society, the acquisition of a deserved punishment, regardless of the whereabouts of the perpetrator, as well as the implementation of state functions aimed at the execution of the sentence imposed on him. On the other hand, the main purpose of extradition should not result in human rights violations, nor should it restrict people's right to life, liberty, and a fair trial. These criteria are enshrined in the 2000 UN Convention against Transnational Organized Crime. Key words: transnational crimes, mutual legal assistance, Criminal Code, Criminal Procedure Code, state sovereignty, responsibility of legal entities, international law, international criminal law, criminal jurisdiction
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Aleshin, V. V. "Counterterrorism meassures: application of international law and the law of the Russian Federation." Moscow Journal of International Law, no. 4 (March 23, 2020): 79–90. http://dx.doi.org/10.24833/0869-0049-2019-4-79-90.
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INTRODUCTION. Effective implementation of antiterrorist interstate cooperation is impossible without the creation of an appropriate legal framework. By concluding international treaties, States agree to accept obligations that define the scope of their activities in the areas of cooperation. Moreover, sometimes the necessity arises for emergency antiterrorist response which brings about the application of other than treaty mechanisms like bilateral and multilateral commitments. It seems necessary to pay attention to certain legal mechanisms provided by the UN anti-terrorist treaties, in particular, in the context of the situation in Syria, and some conceptual changes in Russian counter-terrorism legislation.MATERIALS AND METHODS. The article uses treaties, national legislation and doctrinal research. The authors rely on various methods to reach their conclusions, among which treaty interpretation is most frequently used.RESEARCH RESULTS. In the article the author shows different mechanisms and spheres of modern cooperation in counter-terrorism and their ineffectiveness owing to political interests of some states. Special attention is paid to legality of actions of the USA and allies in Syria and criminal liability of members of international terrorist organizations.DISCUSSION AND CONCLUSIONS. In this article the authors draw attention to disadvantages of international legal regulation of anti-terrorist cooperation. The article concludes that refusal of compliance with international law in the sphere of counter-terrorism brings about negative consequences for maintenance of international peace and security.
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Orina, Nabil Mokaya. "Critique of the International Legal Regime Applicable to Terrorism." Strathmore Law Journal 2, no. 1 (August 1, 2016): 21–36. http://dx.doi.org/10.52907/slj.v2i1.10.
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Terrorism is a global phenomenon that permeates state borders and predominantly causes immeasurable suffering to civilians. The need for international cooperation and concerted efforts in combating terrorism cannot be gainsaid. Already, sectoral instruments have been passed to regulate certain aspects of terrorism. However, without a single terrorism specific instrument, acts of terrorism generally classified will fall under spheres of international law which include; public international law, international criminal law, international humanitarian law, human rights and refugee law. This paper makes a critical analysis of these spheres of international law and how they apply to states’ counter-terrorism efforts.
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Economides, Spyros. "The International Criminal Court: Reforming the Politics of International Justice." Government and Opposition 38, no. 1 (2003): 29–51. http://dx.doi.org/10.1111/1477-7053.00003.
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AbstractThe International Criminal Court (ICC) came into effect on 1 July 2002. This article gives an account of the historical background to the ICC and an overview of the Court's Statute, remit and powers. It is argued that the ICC is a highly politicized legal institution which will only be effective through inter-state cooperation. Despite its lengthy historical antecedents and legal precedents, prudence suggests that — due to the nature of international politics — the establishment of the ICC should be viewed as the beginning of a cumulative process of reforming the politics of international justice rather than the end of a process of transformation in international law.
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Sánchez Frías, Alejandro. "Bringing Terrorists to Justice in the Context of Armed Conflict: Interaction between International Humanitarian Law and the UN Conventions Against Terrorism." Israel Law Review 53, no. 1 (February 3, 2020): 71–99. http://dx.doi.org/10.1017/s0021223719000220.
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The participation of foreign fighters on the side of terrorist groups has raised many questions about the legal basis for the criminal prosecution of acts of terror during armed conflicts. In cases regarding the commission of terrorist crimes with transnational elements, such as the foreign nationality of the alleged perpetrator, cooperation with other states in matters such as extradition or mutual legal assistance can be crucial. This study will analyse two regimes that may constitute a legal basis for cooperation in criminal matters against acts of terror committed during armed conflicts: (i) the rules on criminal responsibility under international humanitarian law (IHL), and (ii) the United Nations framework of anti-terrorist conventions. IHL has been seen by many as the only framework applicable to acts committed during armed conflicts. In contrast, the position adopted in this article is that IHL does not necessarily exclude the application of other regimes to acts committed during armed conflicts, which can serve as a complementary tool in international efforts for the prevention and suppression of terrorism.
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Lindley, Jade. "Criminal Threats Undermining Indo-Pacific Maritime Security: Can International Law Build Resilience?" Journal of Asian Economic Integration 2, no. 2 (August 18, 2020): 206–20. http://dx.doi.org/10.1177/2631684620940477.
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Maritime security in the Indo-Pacific region is strategically important to not only the surrounding states, but also those with an interest in its good governance, to support safe passage and natural resources extraction. Criminal threats, such as maritime piracy and illegal fishing, enabled by corruption and the potential for terrorism, undermine regional maritime security and therefore, there is incentive for states to respond cooperatively to secure the region. Drawing on broken windows crime theory, implicitly supporting the continuation of criminal threats within the region may enables exiting crimes to proliferate. With varying legal and political frameworks and interests across the Indo-Pacific region, achieving cooperation and harmonisation in response to regional maritime-based criminal threats can be challenging. As such, to respond to criminal threats that undermine maritime security, this article argues that from a criminological perspective, aligning states through existing international law enables cooperative regional responses. Indeed, given the prevalence of corruption within the region enabling serious criminal threats, harmonising through existing counter-corruption architecture may be a suitable platform to build from.
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van der Wilt, Harmen, and Christophe Paulussen. "The role of international criminal law in responding to the crime–terror nexus." European Journal of Criminology 16, no. 3 (February 25, 2019): 315–31. http://dx.doi.org/10.1177/1477370819828934.
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This article seeks to map the possible bottlenecks for international legal cooperation in the context of terrorism and/or organized crime. The assumption is that – because of the crime–terror nexus – any obstacle encountered in that area with respect to the suppression of one form of criminality will backfire on the other form as well. After addressing the indefinite concept of terrorism, and its connection with organized crime, we will look at extraterritorial jurisdiction and international cooperation in criminal matters. In the final section, we will offer a number of concluding observations.
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Svaček, Ondřej. "Review of the International Criminal Court’s Case-Law 2013." International and Comparative Law Review 13, no. 2 (December 1, 2013): 7–26. http://dx.doi.org/10.1515/iclr-2016-0068.
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Abstract Presented article evaluates ICC's case-law rendered in 2013, or more precisely, analyzes and evaluates some challenges the ICC faced in 2013. Scrutiny of the latest decisions has its obvious advantage, since it opens the door for better understanding of previous case-law. Vice versa, it is obvious that current ICC's practice cannot be comprehended without the knowledge of legal background it emanates from. To put it differently, an analysis of the case-law from 2013 presupposes to reveal its roots which are embedded in previous years. Th is holds true with respect to all considered and selected issues covered in this article - cooperation with the Court, complementarity, witness proofing, or presence at trial.
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Rodman, Kenneth A. "How Politics Shapes the Contributions of Justice: Lessons from the ICTY and the ICTR." AJIL Unbound 110 (2016): 234–39. http://dx.doi.org/10.1017/s2398772300009089.
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The International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) established a number of precedents in international criminal law, as detailed by Darryl Robinson and Gillian MacNeil.1 They also set the template for the International Criminal Court (ICC) and other tribunals as to how politics can both empower and constrain international prosecution and determine its potential contribution to peace.The lesson of the ICTY is that international criminal law can assist peace processes in an ongoing way if powerful states and international institutions complement it with coercive political strategies to weaken regimes or militias led by criminal spoilers to the point where their cooperation is not needed tonegotiate and maintain a peace settlement.The lesson of the ICTR is that the impact of international criminal law on consolidating peace is dependent upon the political agenda of the state on whose territory the crimes oc-curred and whose cooperation is needed for effective prosecution.Therefore, the contribution of prosecution to peace depends on whether the law is embedded in national and international political com-mitments that go beyond compliance with formal legal obligations and over which a tribunal has limited influence.
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Bekou, Olympia. "Dealing with Non-cooperation at the icc: Towards a More Holistic Approach." International Criminal Law Review 19, no. 6 (November 28, 2019): 911–37. http://dx.doi.org/10.1163/15718123-02002001.
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The article examines the legal and non-legal responses to tackling non-cooperation with requests issued by the International Criminal Court. Through an examination of the Rome Statute regime as well as the relevant jurisprudence, the paper argues that a shift in the way non-cooperation is dealt with is needed. The article shows both the strengths and limitations of the cooperation system. It concludes that the legal responses of the Court require consistency in order to send a coherent message to non-cooperating States. Ultimately, the article argues that in order to successfully address non-cooperation, it would be important to focus on possible synergies between the legal framework, political tools, actions that are available to States and judicial findings by the Court.
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Емельянов, Виктор, and Victor Emelyanov. "Countering the illicit traffic in narcotic drugs and psychotropic substances in Russia: historical, legal and international legal aspects." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2019, no. 2 (July 12, 2019): 138–46. http://dx.doi.org/10.35750/2071-8284-2019-2-138-146.
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Illicit traffic in narcotic drugs and psychotropic substances is an international and national problem. Russia has ratified a number of international legal instruments providing the control of illicit drugs and substances. Within the framework of national legislation, it has developed two strategies: to reduce illicit drug demand and supply. International counteraction of illicit traffic in narcotic drugs and psychotropic substances is a system of normative legal acts. However, the legislative differences of the States participating in international cooperation reduce their effectiveness. Considering international recommendations, Russia in the Soviet and post-Soviet period improved its anti-drug legislation. With the use of the historical method, the terminology of the criminal law is supplemented by the systematization of the Russian criminal legislation in the field of combating illicit traffic in narcotic drugs and psychotropic substances in various historical periods. Using a comparative legal analysis, periods of development of international legal conventional cooperation were identified. The conclusion about an international attempt to weaken international and national control over illicit trafficking in narcotic drugs and psychotropic substances aimed at eliminating the system of international drug safety is made. Formal element of a definition of a crime under articles 228 and 228.1 of the current Criminal code of the Russian Federation are analyzed in the article. The results of comparative legal analysis of given above articles’ dispositions and sanctions are introduced.
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Jalloh, Charles Chernor. "Regionalizing International Criminal Law?" International Criminal Law Review 9, no. 3 (2009): 445–99. http://dx.doi.org/10.1163/157181209x457956.
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AbstractThis article examines the initially cooperative but increasingly tense relationship between the International Criminal Court (ICC) and Africa. It assesses the various legal and political reasons for the mounting criticisms of the ICC by African governments, especially within the African Union (AU), following the indictment of incumbent Sudanese President Omar Hassan Al Bashir. The author situates the ICC within broader African efforts to establish more peaceful societies through the continent-wide AU. He submits that the ICC, by prosecuting architects of serious international crimes in Africa's numerous conflicts, could contribute significantly to the continent's fledgling peace and security architecture which aims to prevent, manage and resolve conflicts and to anticipate and avert crimes against humanity. On the other hand, the author suggests that the ICC also has much to gain from Africa, especially in these early years when it is seeking to become a functional court of law with global legitimacy. By undertaking independent, fair and credible prosecutions without alienating States Parties, the world criminal court is more likely to fulfill its mandate and to win over powerful hold outs, such as the United States, China, and India. This will help it co-opt the support necessary for its universal reach and future success. However, he cautions that given Africa's sensitive historical experience with foreign interventions, including the slave trade and colonialism, the international criminal justice regime anchored on the ICC may be undermined, or perhaps even falter, if it is perceived as having a biased, politicized or insensitive application to a single region of the world.
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Nikitina, Irina E. "Ensuring Cooperation between European States in Transnational Crime Detection and Investigation: Legal Mechanisms and Criminalistics Aspects." Theory and Practice of Forensic Science 12, no. 2 (June 30, 2017): 82–89. http://dx.doi.org/10.30764/1819-2785-2017-12-2-82-89.
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The paper examines current trends towards the enhancement of criminalistic tactics and mechanisms of criminal and international law in the context of cooperation between European states in transnational crime detection and investigation. Both traditional and new forms (types) of providing legal assistance in criminal cases are elucidated. It is observed that at the present stage procedures for legal assistance in criminal investigations have become more streamlined and efficient, and request processing times have been reduced.
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Costello, Róisín A. "International criminal law and the role of non-state actors in preserving open source evidence." Cambridge International Law Journal 7, no. 2 (December 2018): 268–83. http://dx.doi.org/10.4337/cilj.2018.02.05.
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This article analyses the current duties of non-state actors, specifically digital platform providers, to preserve and report content useful in the later prosecution of international criminal offences. The article illustrates the shortcomings of current legal mechanisms both at an international and national level by which such duties to preserve and/or report are imposed and proposes solutions which countenance a more developed role for the International Criminal Court in collecting and preserving open source evidence independent of non-state actor cooperation.
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Efremova, M. А. "International Legal Basis of Criminal Law Protection of Information Security." Pravosudie / Justice 2, no. 1 (March 19, 2020): 82–98. http://dx.doi.org/10.37399/issn2686-9241.2020.1.82-98.
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Introduction. One of the components of the national security of the Russian Federation is information security. In the context of the information society in the Russian Federation, the role of the information component of national security has increased significantly. There are new challenges and threats to the information security of the Russian Federation, which require the reaction of the legislator. However, the conditions of globalization require States to take joint measures to address such a complex problem as information security. Consequently, international information security cannot be achieved by a single state. It is necessary to consolidate efforts and develop a uniform approach to this issue. Theoretical Basis. Methods. The Information society is characterized by a high level of development of information and communication technologies and their use in almost all spheres of life. The emergence of the global information society, the increased role of information and information and communication technologies have stimulated the adoption of a number of international legal instruments in this area. In addition, a number of other guidance documents have been developed and adopted that define the ways and directions of law-making and cooperation at the level of regional organizations. Their distinctive feature was the realization of the lack of unified and clear conceptual and categorical apparatus. This also applies to the concept of “information security”, a unified approach to the understanding of which is not available at the international level. General scientific methods (materialistic dialectics) and private scientific methods: formallogical, comparative-legal, historical-legal. Results. Currently, at the international level, there is not only no legal act regulating issues in the field of criminal law protection of information security, but also there is no common understanding of information security, its main threats of possible joint measures to prevent and eliminate them. Discussion and Conclusion. As the interstate information confrontation will continue and gain new momentum, there is an urgent need for the adoption of an international legal act aimed at the criminal law protection of information security, containing the classification of crimes against information security and recommendations to States on the criminalization of acts against information security in national legislation.
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Efremova, M. А. "International Legal Basis of Criminal Law Protection of Information Security." Pravosudie / Justice 2, no. 1 (March 19, 2020): 82–98. http://dx.doi.org/10.37399/issn2686-9241.2020.1.82-98.
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Introduction. One of the components of the national security of the Russian Federation is information security. In the context of the information society in the Russian Federation, the role of the information component of national security has increased significantly. There are new challenges and threats to the information security of the Russian Federation, which require the reaction of the legislator. However, the conditions of globalization require States to take joint measures to address such a complex problem as information security. Consequently, international information security cannot be achieved by a single state. It is necessary to consolidate efforts and develop a uniform approach to this issue. Theoretical Basis. Methods. The Information society is characterized by a high level of development of information and communication technologies and their use in almost all spheres of life. The emergence of the global information society, the increased role of information and information and communication technologies have stimulated the adoption of a number of international legal instruments in this area. In addition, a number of other guidance documents have been developed and adopted that define the ways and directions of law-making and cooperation at the level of regional organizations. Their distinctive feature was the realization of the lack of unified and clear conceptual and categorical apparatus. This also applies to the concept of “information security”, a unified approach to the understanding of which is not available at the international level. General scientific methods (materialistic dialectics) and private scientific methods: formallogical, comparative-legal, historical-legal. Results. Currently, at the international level, there is not only no legal act regulating issues in the field of criminal law protection of information security, but also there is no common understanding of information security, its main threats of possible joint measures to prevent and eliminate them. Discussion and Conclusion. As the interstate information confrontation will continue and gain new momentum, there is an urgent need for the adoption of an international legal act aimed at the criminal law protection of information security, containing the classification of crimes against information security and recommendations to States on the criminalization of acts against information security in national legislation.
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Rose, Gregory L. "Time for a Protocol on Transnational Environmental Crime?" Environmental Policy and Law 51, no. 1-2 (April 13, 2021): 75–80. http://dx.doi.org/10.3233/epl-219008.
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Environmental law became global through the adoption of environmental treaties in the last quarter decade of the 20th century. Similarly, globalisation of criminal law accelerated when the Convention on Transnational Organised Crime 2000 (CTOC) deepened international legal cooperation between States to combat transnational crime. A protocol to the CTOC, complemented by voluntary guidelines and model legislation, could promote international harmonisation of laws against environmental crimes. This article argues that the time is right to bring together certain elements of international environmental and transnational criminal law.
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Nesterova, Anastasia Vladimirovna. "The principle of reciprocity in international cooperation in cases of administrative offences." NB: Административное право и практика администрирования, no. 1 (January 2021): 48–58. http://dx.doi.org/10.7256/2306-9945.2021.1.35465.
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The subject of this research is the principle of reciprocity. This principle is perhaps one of the first principles of international law that remains unchanged up until today. The scientific literature studies the essence of the principle of reciprocity in correlation with one or another institution (legal aid in criminal cases, legal aid in cases of administrative offenses, recognition of foreign bankruptcy, enforcement of the decisions of foreign courts, etc.), as an element of private or public international law. The principle of reciprocity also characterizes the process of interaction between the legal subjects. In the Russian legislation, the principle of reciprocity is implemented for regulation of international cooperation in civil, criminal, and administrative cases. The author’s special contribution consists in determination of certain essential characteristics of the principle of reciprocity and its role within the system of principles of administrative law of the Russian Federation; as well as in examination of the practice of its application. The principle of reciprocity is identified with certain imperative rules or universal behavioral norms. In the international law, the principle of reciprocity correlates with such concepts as “jus cogens” or “peremptory norms”, as well as “comitas gentium”. Among the principles of administrative law of the Russian Federation , it can be attributed to the procedural principles in cases of administrative offenses. The analysis of case law demonstrates that application of the principle of reciprocity expands the opportunities for international cooperation in different spheres, namely in the absence of normative regulation or restrictions thereof.
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Kaul, Hans-Peter, and Claus Kreß. "Jurisdiction and Cooperation in the Statute of the International Criminal Court: Principles and Compromises." Yearbook of International Humanitarian Law 2 (December 1999): 143–75. http://dx.doi.org/10.1017/s1389135900000404.
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At the Rome Conference on the adoption of the Statute of the International Criminal Court (hereinafter, the Statute and the ICC), the negotiators faced basically three types of problems. First, a considerable number of primarily technical difficulties stemmed from the differences between national systems of criminal law. This type of problem was characteristic for the discussions on general principles of criminal law (Part 3 of the Statute), criminal procedure (Parts 5, 6 and 8) and enforcement (Part 10). Second, a more limited number of disputed questions resulted from deeply-rooted differences in legal culture. This was true for the most important controversies on penalties (Part 7), in particular for the hotly debated death penalty, and for some specific points relating to the general principles of criminal law, in particular, the treatment of voluntary intoxication. Third, delegations were forced to break the impasse with regard to a set of unresolved key issues of a highly political nature. This article deals with two sets of issues belonging to the latter category: jurisdiction and cooperation.The respective places of jurisdiction and cooperation within the Statute, i.e., Articles 5, 12 and 13 (in Part 2) and Articles 86 to 102 (all of Part 9), tend to conceal the intimate interrelation between them. On a little closer look, though, the links between jurisdiction and cooperation become obvious. Functionally, the implementation of any set of jurisdictional rules defining the Court's sphere of activity depends on a complementary cooperation regime.Systematically, the key elements of the jurisdictional regime constitute starting points in framing the cooperation regime.
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Paustovskaya, Natalia, and Dmitrii Popushoi. "LEGAL BASES OF SOME FORMS OF THE INTERNATIONAL LEGAL COOPERATION IN THE SPHERE OF CRIMINAL PROCEDURE OF THE REPUBLIC OF MOLDOVA." Social Legal Studios 10, no. 4 (December 25, 2020): 80–86. http://dx.doi.org/10.32518/2617-4162-2020-4-80-86.
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This article concerns on forms of international procedural cooperation of Republic of Moldova as an actual modern problem. It has been noted that scale of organized crime, terrorism, illegal drug and arms trafficking, illegal migration, human trafficking and other crimes compel different states to unify their efforts in counteracting these crossborder phenomena by creating organizational mechanisms of interaction. International legal aspects of crime counteraction, in particular the UN Convention against Transnational Organized Crime, the European Convention on Mutual Assistance in Criminal Matters and Additional Protocols to it have been studied. It has been specified that foreign countries legislation uses most advanced mechanisms of mutual legal assistance for a long time, but institute of joint search groups is a relatively new form for criminal procedural legislation of Republic of Moldova. An attention to amendments to criminal procedural legislation concerning implementation of the institute of joint search groups has been devoted. It has been acknowledged that according to legislation of Republic of Moldova a request on forming of joint search group could be sent by any engaged state. Such group is to be created in any state where criminal persecution needs to be enforced. There is certain information to be included in such request: law enforcement body which requested, the request�s subject and grounds, data on persecuted person and his full name, nationality, address, if necessary � suggestions on group membership. Signing of the Police Cooperation Convention for Southeast Europe by Moldova facilitated implementation of cross-border surveillance institute which comprises procedural action to be conducted when representatives of one country�s law enforcement body are keeping under surveillance during criminal persecution in another country a person, suspected in participation of the crime which envisaged extradition, or a person who is reasonably believed to be helpful in identification or establishing whereabouts of the aforementioned person, and has the right to continue such surveillance in Republic of Moldova according to legal assistance request submitted previously. It has been substantiated that international cooperation in crime combating is based on legal assistance providing and aimed at expansion of the quantity of countries which are contracting parties of such cooperation agreements.
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Jurka, Raimundas, and Jolanta Zajančkauskienė. "Movement of Evidence in the European Union: Challenges for the European Investigation Order." Baltic Journal of Law & Politics 9, no. 2 (December 1, 2016): 56–84. http://dx.doi.org/10.1515/bjlp-2016-0012.
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Abstract The issue of international cooperation in criminal matters has interested legal theorists and practitioners for decades. In this area of law there are certain challenges that can only be tackled by using the joint efforts of the States, which is different from the national law of the States. For this reason, certain principles of law are specific for international cooperation, and on the basis of these principles States provide legal assistance requests to each other or else create preconditions to ensure the efficient and unimpeded criminal proceedings. It is true that the principles of mutual legal assistance and recognition, and the influence of their alternation are not identical to all segments of international cooperation, including the development of the evidence law in the European Union. With regard to the evidence and their admissibility in Member States of the European Union, it should be noted that this issue is still relevant, because the biggest concern of some Member States is the admissibility of evidence, when evidence is collected in one State and the admissibility of them is assessed in the other State. It would seem like a more formalized “concern”, but basically it is a quite significant impulse for searching of new legal instruments in the European Union, which would be able not only ensure the acceptability (admissibility) of evidence that was collected in the foreign State in accordance with the relevant procedural form, and in the court of the State which obtained this evidence, but also the sovereignty of the State, the authenticity of the national law, and the respect for the legal culture and traditions of this State. The authors discuss the development of the law of evidence, the separate legal segments of this law, and their strengths and weaknesses in the article. Despite the fact that the effective mechanisms of evidence movement among Member States appear in modern European Union criminal justice, the latest legal instruments lack the clarity and certainty of certain procedural legal guarantees in the context of human rights protection.
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SEILKHANOVA, Saida, Aigerim SHEGEBAYEVA, Azina OTARBAYEVA, and Yestay ABILEZOV. "Criminal Procedure Aspects of the International Cooperation of States in the Field of Combating Transnational Organized Crime." Journal of Advanced Research in Law and Economics 10, no. 3 (June 30, 2019): 904. http://dx.doi.org/10.14505//jarle.v10.3(41).27.
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The research dwells on criminal and legal aspects of international cooperation in the field of combating transnational organized crime. The issues of fighting against transnational organized crime affect all states without exception.Therefore the formation of national legislation in this area should consider the international experience in combating this phenomenon and utilize international legal acts that serve as the basis for creating not only specific norms but also a national policy to counteract transnational organized crime. This article aims at studying different forms of interaction between agencies carrying out criminal procedure activities on an international scale and developing recommendations in order to introduce the most effective methods of such interaction into the procedural practice and legislation of the Republic of Kazakhstan. The authors of the article analyze the international legal framework, regulatory documents and law enforcement practice of a number of states (mainly the US, the EU, etc.). The authors conclude that criminal procedure aspects of the international legal framework for countering transnational organized crime in the context of the legislation of Kazakhstan require further development, improvement and comprehensive research. The study results obtained by the authors can serve as the basis for further scientific discussions and new surveys, as well as be used in the development of educational and practical manuals on the study of international cooperation both in criminal proceedings and in the fight against transnational organized crime.
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Krutova, Ērika. "THE IMPACT OF BORDERLESS AREA ON THE POLICE INTERNATIONAL COOPERATION." BORDER SECURITY AND MANAGEMENT 1, no. 6 (May 10, 2016): 71. http://dx.doi.org/10.17770/bsm.v1i6.1710.
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In 2007 after signing the Treaty of Lisbon cooperation among police and other competent law enforcement offices became the official European policy, although the denial of inner borders started already in 1985. Since that time it is radically changed the legal basis of police cooperation.In spite of the fact that the denial of inner borders has started police cooperation, now due to terroristic acts taking place directly in European Union discussions on resumption of borders happen more often. The aim of this article is to start the discussion why interstate police cooperation is still ineffective. The task of this article is to pay the attention to those normative and legal acts in different levels makes cross-border cooperation difficult, not simple and easy. A legal act comes into force but there is no a competent official who is ready to apply it. Thus the fulfilment of all formal demands takes place while the practical realisation lags far behind. While the European Union develops secure, free and legal environment widens several criminal authority powers, it still does not work on gaining the expected result. There is a small number of articles and publications on law offices cooperation tools as it is a very specific field. The author comes to the conclusion that without examining new tools there is no possibility to apply them correctly and effectively. Police departments’ different understanding and law enforcement offices’ traditional work methods embarrass the application of new and effective cooperation tools.
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Ngane, Sylvia Ntube. "Witnesses before the International Criminal Court." Law & Practice of International Courts and Tribunals 8, no. 3 (2009): 431–57. http://dx.doi.org/10.1163/156918509x12537882648381.
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AbstractIt is an established rule of international law that all witnesses shall testify at the seat of the court. The witness scheme of the International Criminal Court (ICC) is a complex one which provides for direct and indirect judicial authority over witnesses. This article grabbles with the complexities of the ICC procedural rules with regard to witnesses, concentrating on three components in the ICC witness scheme: testimony, cooperation and protection. Part I of this article examines the general rule of witness testimony before the Court and different alternatives for the giving of testimonial evidence when a witness cannot be present before the Court. The ICC's powers to compel witnesses are extremely limited and it is forced to rely on traditional legal assistance such as depositions. Part II discusses the exercise of indirect judicial authority by the Court through the assistance of States in relation to witnesses. It analyses provisions on State cooperation with witnesses, national implementing legislation with regard to witnesses and assesses the effectiveness of this legislation. The subsequent practice of State Parties as reflected by their implementing legislation on witnesses proves that a consistent practice does not exist. This section also examines the cooperation between the ICC and international organisations as regards witnesses. Part III examines the ICC Witness Protection Scheme; it looks at the ways in which witnesses are protected and it cites the practice of other tribunals. It then looks at the ICC's Victims and Witness Unit vis-à-vis the policies and mechanisms in place.
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Norros, Merja. "What's New in Legal Cooperation in Criminal Matters with Russia since 2004?" Review of Central and East European Law 36, no. 2 (2011): 91–125. http://dx.doi.org/10.1163/092598811x12960354394849.
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AbstractThe present article examines what has happened in Russia in the field of legal cooperation in criminal matters since 2004. The retrospective approach has been chosen in order to update the article published in this Review in 2004 which included several recommendations for Russia to improve its system for international cooperation. The current work subjects these recommendations and developments in the area to a critical review. Since 2004, there have been no major innovations in Russian legislation regarding legal cooperation in criminal matters. Interestingly enough, Russia took a misstep, when it abolished the concept of confiscation in criminal law. The resolution of this experiment indicates that there has been some degree of improvement in the procedure concerning implementation of new treaties. As regards extradition cases, several difficulties were foreseen already in 2004 and, indeed, some of them have been realized—in particular, concerning those Russian requests for extradition that have political connotations. When it comes to institutional structures, the number of "Central Authorities" has not been reduced. The system is still highly centralized in Moscow. On the basis of the author's experience, the knowledge of international treaties and their application—to some extent—has increased among Russian practitioners. The author suggests continuing cooperation with Russia in various international fora as well as on a daily basis in handling concrete cross-border cases. In her opinion, legal assistance in criminal matters is a fairly narrow field of expertise and, therefore, a challenging "form of art" for any person involved.
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Volevodz, A. G. "International Criminalization of International Terrorizm." MGIMO Review of International Relations, no. 2(35) (April 28, 2014): 150–60. http://dx.doi.org/10.24833/2071-8160-2014-2-35-150-160.
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Analysis and studying of the terrorism in all its facets is a complex entangled problem with less clear legal regulation that it might seem at first glance, especially after its transformation from local phenomenon into a world threat. Hitherto terrorism and actions connected to it have been criminalized by the majority of states. There are in modern criminal law whole systems of rules on criminal liability for terrorism which differs considerably from country to country. Terrorism has been criminalized in numerous international regional and universal antiterrorist legal instruments. The author notes that differences in definitions that are enshrined in them hinders international cooperation in criminal matters with respect to terrorist cases. Difficulties reside in the necessity to meet the dual criminality requirement and in the political offense exception. These difficulties can only be overcome through elaboration of a universally recognized definition of the notion of international terrorism and making it legally binding via its inclusion into a universal convention. The issue of definition of international terrorism is an important part of an efficient mutual assistance among states in fight against this crime. In this article the author accounts of actual ways of tackling by the international community of the issue of criminalization of international terrorism and of factors influencing them.
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De Busser, Els. "The Digital Unfitness of Mutual Legal Assistance." Security and Human Rights 28, no. 1-4 (April 1, 2018): 161–79. http://dx.doi.org/10.1163/18750230-02801008.
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Any crime could generate digital evidence. That is a reality law enforcement authorities across the world need to face. The volatile and “unterritorial” nature of the evidence means that international cooperation in criminal matters is confronted with new questions. One of these questions is whether the traditional cooperation mechanism, mutual legal assistance, is a viable way of working. Due to its time-consuming and cumbersome functioning combined with the lack of a faster alternative, countries have developed unilateral and extraterritorial methods of evidence gathering. This paper zooms in on this development and the risks it entails.
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Klyukanova, T. M., and O. O. Mikhailova. "Legal Regulation of Crimes Threatening Global Security." EURASIAN INTEGRATION: economics, law, politics 14, no. 4 (January 27, 2021): 56–62. http://dx.doi.org/10.22394/2073-2929-2020-4-56-62.
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The authors consider methods of legal regulation of crimes and types of international cooperation in the fight against them. The paper also highlights international measures aimed at implementing antiterrorist cooperation and combating illegal drug trafficking. The main goal is to determine the legal mechanisms for the prevention of these socially dangerous phenomena both at the local and interstate levels. The object of the research is the social relations that develop in connection with and about the peculiarities of crimes that infringe on international security. The subject of the research is the norms of modern Russian criminal law and the norms of international law. The scientific works of the authors listed in the references represent a solid theoretical and methodological basis for this research. However, research into the features of crimes should continue, since not all problematic issues in this area have been resolved. The author examines the concept, content and general features of international crimes that infringe on international security; defines the role of the UN (United Nations) and other organizations engaged in international legal regulation in the fight against international crimes; defines the features of the interstate organizations activities to prevent terrorism and illicit trafficking in narcotic and psychotropic substances. It is concluded that terrorism and illicit drug trafficking are most widespread among international crimes. The authors draw conclusions on the need to perform preventive activities aimed at preventing the Commission of international crimes, as well as on the implementation of a direct fight against such crimes through «detection, prevention, suppression, disclosure and investigation». Summarizing the authors’ points of view on the subject of criminal liability for acts of terrorism and drug trafficking, it should be noted that restraint measures, as well as strengthening responsibility measures, should be preceded by a set of preventive measures. It should also be understood that the effectiveness of anti-terrorist and anti-drug policies in the world, including in terms of the regulation of criminal liability measures, should be supported and approved by the population. To improve the legal structures of crimes that infringe on international security in the countries of the world community, it is necessary to positively perceive the international experience of various states in regulating measures of criminal responsibility and countering the spread of these acts.
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Basdeo, Vinesh M., Moses Montesh, and Bernard Khotso Lekubu. "SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE." Journal of Law, Society and Development 1, no. 1 (September 1, 2014): 48–67. http://dx.doi.org/10.25159/2520-9515/874.
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Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.
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Buolagh, Mahmud, and Habib Zuori. "Analysis of Criminal Responsibility of Users of Chemical Weapons in International Documents." Modern Applied Science 11, no. 2 (February 1, 2017): 87. http://dx.doi.org/10.5539/mas.v11n2p87.
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The article is written entitled "Analysis of criminal responsibility of the users of chemical weapons". The issue of chemical weapons and criminal responsibility of users of this weapon is very important because countries like Iran starting a war of aggression and invasion against violations of humanitarian law, international criminal is not considered responsibility for the instigators of war. This study aimed to explore international responsibility of individuals and legal assign and use of chemical weapons and the role of domestic law in support of victims of such weapons has been developed. The main hypothesis of this study tries to answer this question that what challenges are dominant criminal responsibilities of users of chemical weapons. It states that; the impact of global powers on international issues are the lack of law, guarantees, good performances and the most important challenges is the lack of cooperation by governments. This research, descriptive analysis of documents, according to primary sources, including data and legal jurisprudence and secondary sources, including laws papers has been developed. The findings of this study show that, the principles of international law banning the use of chemical weapons, in addition to the contract law, is customary international law, hence, even if the country has no weapons of mass destruction also a member of the international conventions, proscription, in case of violations of international humanitarian law can still be prosecuted in the s.
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Shulzhenko, Nadiia, Snizhana Romashkin, Mykola Rubashchenko, and Hаlyna Tatarenko. "The problematic aspects of International core crimes and transnational crimes accordingly to International Law." Revista de la Universidad del Zulia 11, no. 31 (October 1, 2020): 376–88. http://dx.doi.org/10.46925//rdluz.31.23.
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Today, the boundaries of international crime involving states and transnational organized crime are slowly blurring, and as a result, the number of international crimes is steadily growing. The article analyzes two key groups of crimes: crimes indicated in the Rome Statute and transnational crimes under international conventions. This article is based on the analysis of the main groups of crimes: the first group of international crimes committed with state actors, which includes crimes against humanity, war crimes, crimes of aggression, crimes of genocide; and the second group, crimes committed by criminal groups organized in more than one country with the "international" or "transnational" character of such acts. The authors emphasize the norms of international law, according to which the International Criminal Court, together with international criminal tribunals, have jurisdiction over a small range of key international crimes, including genocide, war crimes and crimes against humanity, aggression, committed by state officials. The main objective of this research is to compare the mechanism for investigating crimes in the jurisdiction of international criminal tribunals and the International Criminal Court, together with the national procedure for investigating transnational crimes, through the ratification of international conventions and the establishment of the International cooperation. The article was made with the following methods: induction, deduction, analogy, as well as historical, dialectical and formal legal methods.
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Bunga, Dewi. "Legal Response to Cybercrime in Global and National Dimensions." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 01 (April 2019): 69–89. http://dx.doi.org/10.22304/pjih.v6n1.a4.
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Cybercrime is a serious crime in the era of globalization. This crime employs sophisticated technology and anonymity. It is fast, crosses states’ borders, and has a wide impact. Cybercrime causes both material and immaterial losses. It even threatens world peace and security. The legal issue in this research is to discuss the international response to cybercrime, the substance of the Convention on Cybercrime, Budapest, 23.XI.2001, and Indonesia's position in the Convention on Cybercrime. The international response to cybercrime is done by holding international meetings at the United Nations Congress to discuss efforts to prevent cybercrime. Convention on Cybercrime, is the first provision for regulating cybercrime. The substance of the Convention on Cybercrime consists of material criminal law, procedural law, corporate responsibility, international cooperation and so on. Indonesia's position in the Indonesia Convention on Cybercrime is not to ratify the Convention on Cybercrime, but adopts the provisions of the Convention on Cybercrime on the Law Number 11 of 2008 on Information and Electronic Transactions and the Law Number 19 of 2016 on the Amendment of the Law Number 11 of 2008 on Information and Electronic Transactions. The criminal acts provided for in the Information and Electronic Transaction Law in Indonesia are wider than those stipulated in the Convention on Cybercrime.
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Bunga, Dewi. "Legal Response to Cybercrime in Global and National Dimensions." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 01 (April 2019): 69–89. http://dx.doi.org/10.22304/pjih.v6n1.a4.
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Cybercrime is a serious crime in the era of globalization. This crime employs sophisticated technology and anonymity. It is fast, crosses states’ borders, and has a wide impact. Cybercrime causes both material and immaterial losses. It even threatens world peace and security. The legal issue in this research is to discuss the international response to cybercrime, the substance of the Convention on Cybercrime, Budapest, 23.XI.2001, and Indonesia's position in the Convention on Cybercrime. The international response to cybercrime is done by holding international meetings at the United Nations Congress to discuss efforts to prevent cybercrime. Convention on Cybercrime, is the first provision for regulating cybercrime. The substance of the Convention on Cybercrime consists of material criminal law, procedural law, corporate responsibility, international cooperation and so on. Indonesia's position in the Indonesia Convention on Cybercrime is not to ratify the Convention on Cybercrime, but adopts the provisions of the Convention on Cybercrime on the Law Number 11 of 2008 on Information and Electronic Transactions and the Law Number 19 of 2016 on the Amendment of the Law Number 11 of 2008 on Information and Electronic Transactions. The criminal acts provided for in the Information and Electronic Transaction Law in Indonesia are wider than those stipulated in the Convention on Cybercrime.
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Topchiy, Vasyl, Maksym Zabarniy, and Nataliya Lugina. "APPLICATION OF THE METHOD OF SWOT-ANALYSIS AS A MEANS OF STRATEGIC PLANNING DURING THE INVESTIGATION OF CRIMINAL CASES IN THE FIELD OF ECONOMICS IN BORDERS." Baltic Journal of Economic Studies 6, no. 3 (August 5, 2020): 166–70. http://dx.doi.org/10.30525/2256-0742/2020-6-3-166-170.
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A cooperation between states in criminal cases is carried out in order to achieve the goals of justice and may exist at the stage of pre-trial investigation, trial, as well as after the entry into force of a court decision (sentence, ruling). Forms of international cooperation in the investigation of criminal cases are quite diverse. The main ones are: providing legal assistance, which consists in carrying out procedural actions, because during the investigation and trial of criminal cases there is often a need to gather evidence abroad by questioning defendants, victims, witnesses, experts, conducting searches, examinations, court inspections, seizure and transfer of items, delivery, and forwarding of documents, etc.; extradition of persons for criminal prosecution or for the execution of a court sentence; arrest, search and confiscation of proceeds of crime (states undertake to cooperate in the investigation of money laundering; assist in the investigation and take appropriate measures: to freeze bank accounts, seize property to prevent its concealment; confiscate proceeds of crime or property, value of which corresponds to the value of income, etc.). The normative basis for the international cooperation in the investigation of criminal cases is the European Convention on Mutual Assistance in Criminal Matters dated April 20, 1959; the Criminal procedural code of Ukraine; Methodical recommendations of the General Prosecutor’s Office of Ukraine; Order No. 223 “On the organization of the work of the Prosecutor’s Office of Ukraine in the field of international legal cooperation” dated September 18, 2015. The legal basis for international cooperation in criminal matters is the current bilateral and multilateral international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. Among the multilateral international agreements, there should be noted the European conventions on criminal justice: the European Convention on the Extradition with two additional protocols to it, the European Convention on Mutual Assistance in Criminal Matters with an additional protocol to it, the European Convention on the Transfer of Proceedings in Criminal Matters, The Convention on the Transfer of Sentenced Persons with an additional protocol, The European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, the Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime and the European Convention on the International Validity of Criminal Judgements. In addition, the Commonwealth of Independent States has the 1993 Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and its 1997 Protocol; within the framework of the United Nations, there is the Convention on Transnational Crime of 2000, together with two Protocols thereto. These multilateral international agreements establish a uniform sphere of cooperation between law enforcement and judicial authorities in relation to all European countries. Today, the most effective is the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes, including in the investigation of criminal cases. Although the type of analysis is still considered by most scientists as Bohomolova Ye., (2004) a method of marketing research of enterprises in the market in the context of business practice, the object of “SWOT-analysis” can be as legislation, the practice of its application and prospects of their improvement, and materials of criminal cases. Methodology. Achieving the purpose of this publication is ensured by the use of cognitive philosophical, general scientific and special methods, among which the main are analysis and synthesis, comparative law method, which allow to identify prospects for the use in criminal cases of the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes. Methods of grammatical review and interpretation of legal norms have helped to identify gaps in the legislation governing the investigation of criminal cases, in particular in the field of economics, and to develop proposals for its improvement. Practical importance. International cooperation in criminal proceedings is an organizationally complex process, which requires the use of effective and efficient methods to perform the tasks of criminal proceedings, respect for the rights and freedoms of all participants in the process, including not violating a reasonable time in the investigation. To date, science has developed many methods of analyzing the law, the practice of their application, and identifying ways to improve legislation, taking into account the results of forecasting the prospects for society and the state. To ensure a high level of quality of criminal investigations in the framework of international cooperation, it is necessary to choose the one that will give the most effective results and allow to formulate the most optimal proposals in a particular criminal case and the practice of their application. An attempt to solve this problem is presented in this study.
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Popko, Vadym, and Yevgen Popko. "THEORETICAL AND LEGAL CHARACTERISTICS OF ECONOMIC CRIMES OF A TRANSNATIONAL NATURE." Baltic Journal of Economic Studies 7, no. 1 (January 22, 2021): 93–101. http://dx.doi.org/10.30525/2256-0742/2021-7-1-93-101.
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The article examines the theoretical and legal foundations of economic crimes of a transnational nature formed under the influence of globalisation processes in the world, the growth of international crime and other factors. The author provides a conceptual description of transnational crime as the main category of transnational criminal law, including economic crimes. Scientific views of domestic and foreign scientists on the nature of crimes of an international nature, including criminal acts in the economic sphere are analysed; the most dangerous and widespread economic crimes are characterised. Attention is paid to the legal regulation of these relations, universal and regional conventions, other sources. The authors justify the need to criminalise transnational economic crimes in national law, regardless of whether a particular state is a party to international conventions adopted by international organisations. The authors pay special attention to the characteristics of the subjects of the crime and reveals the debatable nature of their definition, in particular, analyse the problematic nature of the recognition of a legal entity as a subject of crime. The authors use a conceptual approach to clarifying the subject of study, which determines the reasonability of theoretical research, and modern principles of scientific methodology: the principle of scientific pluralism, impartiality, comprehensiveness of research, historicism, complexity and others. A modern requirement in the methodology of science is the rejection of methodological monism, which has long been dominant in theoretical and historical studies of social (including legal) phenomena and the rejection of the ideology of scientific knowledge, which provides an objective, unbiased attitude to any legal phenomena, legal systems, etc. The purpose of the article is to provide theoretical and legal characteristics of international crime in the economic sphere, identify the transnational nature of these crimes, clarify the state of legal regulation of these relations at the international level, as well as international cooperation to combat these crimes. Based on the study and theoretical generalisation of the research topic, the authors emphasise the following conclusions: modern world problems are global in nature; economic crime transcends borders and becomes international; economic crimes of a transnational nature are recognised as socially dangerous acts that encroach on the system of social relations in the field of financial and credit, investment, information, trade, etc. activities, and have a transnational nature, i.e. go beyond one state; countering economic crimes of a transnational nature is within the internal competence of states, but international cooperation in this area also has an objective basis; the legal basis of international cooperation of states are international legal anti-criminal conventions, which define the criminal acts and obligations of states to criminalise economic crimes and provide legal assistance in criminal proceedings, in particular in extradition and transfer of accused and convicted persons, disposal of confiscated property, joint investigation and other issues.
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Miarsa, Fajar rachmad dwi, and Cholilla adhaningrum Hazir. "Landasan Yuridis Tentang Pengesahan Perjanjian Mutual Legal Assistance antara Republik Indonesia dengan Konfederasi Swiss." KAMBOTI: Jurnal Sosial dan Humaniora 1, no. 2 (April 29, 2021): 96–105. http://dx.doi.org/10.51135/kambotivol1iss2pp96-105.
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The intensity of criminal acts committed across countries, with crimes and modus operandi that are difficult to identify. This raises problems that require juridical countermeasures by engaging in intense cooperation between countries. The study has the goal of (1) tu find out and exlain the legal basis behind the reciprocated legal aid in criminal problems between Indonesia - Swiss, and (2) to study about a form of Mutual Legal Assitance between Republic of Indonesia with Confederacy of Swiss. The method of research used was normative juridical research, known in law science as normative law research. The legal material in this study is primary material and secondary material. The analysis technique used is a descriptive method of describing an event that was thoroughly studied and providing legal arguments on the subject. Under law about International treaties, it is a regulation that provides a legal basis for Indonesian governments in requesting or providing mutual legal assistance in criminal matters.(under article 2 of act about mutual legal assistance) the agreement between Indonesia with Swiss is explained in article 2 of treaty on mutual legal assistance in criminal matters between the republic of Indonesia and the Swiss confederation.
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Сидоренко, Элина, and Elina Sidorenko. "SUBJECT OF TRANSNATIONAL BRIBERY IN THE CRIMINAL LEGISLATION OF FOREIGN COUNTRIES: THE MAIN APPROACHES." Journal of Foreign Legislation and Comparative Law 2, no. 1 (March 16, 2016): 0. http://dx.doi.org/10.12737/18181.
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This paper presents a comparative analysis of the criminal legislation of the USA, Germany and France in terms of responsibility for the regulation of active and passive bribery of foreign public officials and officials of public international organizations. The focus is on consistency between national law and the provisions of the Convention of the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. On the basis of the comparative and formal-legal methods, the author reveals a number of features that allow to speak of a legal models to counter transnational bribery. The study of criminal law, special laws and judicial precedents it possible to designate a tendency to expand the subjects of international bribery by members of the judiciary, a representative of non-governmental organizations and to identify main approaches to the development of Russia’s criminal policy.
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Kokoeva, Louisa, Angelina Kolieva, and Yaroslav Garmyshev. "Improvement of Terrorism-Related Criminal Liability." Всероссийский криминологический журнал 13, no. 1 (February 26, 2019): 125–31. http://dx.doi.org/10.17150/2500-4255.2019.13(1).125-131.
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The authors use international experience to review main trends in improving terrorism-related criminal liability in Russia, analyze key international legal acts as well as Russian laws that form the basis for counteracting terrorism. They state that the federal law «On Counteracting Terrorism» eliminated a number of legal problems and contradictions in the counter-terrorism legislation and practice of counter-terrorism work. The authors pay attention to specific modern features of terrorist acts, including the use of the Internet technologies to recruit potential criminals. They study problems in international counter-terrorism cooperation. The authors note that the legal basis for counteracting terrorism at the municipal level is far behind the regional and federal levels and suggest how legislation for terrorism-related crimes and their subject composition could be improved. They show that it is necessary to hold close relatives of terrorists responsible for crimes against public safety if their knowledge about the crime or aid to criminals has been proven. It is noted that it is necessary to strengthen the system of preventive measures aimed at determining the causes and conditions contributing to terrorism. The role of special services in preventing terrorist attacks should decline while the impact of educational institutions, public organizations, the church and mass media should increase. Besides, the authors note that victimological influence is very promising for improving the effectiveness of terrorism counteraction and suggest making a number of amendments in the current Russian criminal legislation.
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Shany, Yuval. "How Can International Criminal Courts Have a Greater Impact on National Criminal Proceedings? Lessons from the First Two Decades of International Criminal Justice in Operation." Israel Law Review 46, no. 3 (September 23, 2013): 431–53. http://dx.doi.org/10.1017/s0021223713000150.
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International actors and observers have afforded greater attention in recent years to the role of national courts in bringing to justice perpetrators of international crimes. Not only are national courts typically less expensive to operate than international courts, they also enjoy at times more legitimacy in the eyes of local constituencies than their international counterparts. They can also reach deeper into society and cast a wider net than international criminal courts. Indeed, there is an increased tendency to view international criminal courts as mechanisms primarily designed to support and complement the work of national criminal procedures, and to pay closer attention to the interaction between the two sets of judicial institutions. It is against this background that the Project on Studying the Impact of International Courts in Domestic Criminal Procedures in Mass Atrocity Cases (the DOMAC project) has sought to draw lessons from the experience accumulated by the interactions that took place between national and international courts in the two decades that have passed since the establishment of the International Criminal Tribunal for the former Yugoslavia. This was done in the hope that such lessons may guide such interactions in the future. Indeed, DOMAC reports have looked into interactions relating to specific legal aspects (applicable laws, prosecution rates, sentencing policies and capacity development) and/or at specific geographical regions (for example, the Balkans, Africa, Latin America, East Timor) and provide many interesting stories of success and failure, from which valuable lessons can be learned. The purpose of this article is to offer, on the basis of the said DOMAC reports, some general observations on the impact of international courts on domestic criminal processes (in the aftermath of mass atrocity situations), and to discuss the structural deficiencies that may have led until now to sub-optimal levels of cooperation and division of labour between international and national criminal procedures. On the basis of these critical observations, a number of general recommendations for future policy planners will be considered. The article first describes some of the main impacts of international courts on domestic courts handling mass atrocity cases. It then discusses four overarching problems, which may have hampered such interactions: the lack of a comprehensive legal response to mass atrocities, inadequate allocation of resources, the absence of ultimate responsibility over the international response, and legitimacy deficits. The concluding section sketches a number of proposals based on the discussion in the two immediately preceding sections.
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Nasonov, A. A., and R. Yu Malueva. "ON THE NEED TO EXPAND THE BOUNDARIES OF ELECTRONIC DOCUMENT CIRCULATION IN CRIMINAL PROCEEDINGS OF RUSSIA, INCLUDING THE EXTENSION OF THE ELECTRONIC FORM FOR THE PROCEDURE OF APPROVAL OF PROCEDURAL ACTIONS AND DECISIONS." Bulletin of Udmurt University. Series Economics and Law 30, no. 4 (August 13, 2020): 561–67. http://dx.doi.org/10.35634/2412-9593-2020-30-4-561-567.
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The article is devoted to the questions concerning electronic document circulation in criminal legal proceedings of Russia. In particular, it is a question of problems of accurate understanding of “the electronic document”, applied in criminal legal proceedings; delimitation of use of electronic document circulation in criminally-remedial relations; correction of the circle of persons, having an opportunity to use electronic documents in criminal legal proceedings. In the article, a possibility of formation of electronic materials of check of the message on a crime, and also electronic materials of ex-traditional check which is passed about the decision of a question on delivery of the person for criminal prosecution is considered. Besides, the article proves the requirement of distribution of a legal regulation of electronic document circulation on a stage of excitation of criminal case and on the manufactures covered by the international cooperation in sphere of criminally-remedial relations, including manufacture about delivery of the person for criminal prosecution and sentence execution. Arguments in favour of necessity of involving for the electronic document circulation which is carried out within the limits of criminal legal proceedings, along with judges of inspectors, investigators, public prosecutors, heads of investigatory body and chiefs of division of inquiry are resulted. The conclusion about necessity of expansion of criminally-remedial space for use of electronic document circulation is formulated. Conclusions which are done by the authors are based on the analysis of existing theoretical representations and Russian criminally-remedial legislation. Article materials are intended for students, post-graduate students, teachers of legal high schools, science officers, and also workers of law enforcement bodies.
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Wilson, Tim J. "Criminal Justice and Global Public Goods." Journal of Criminal Law 80, no. 5 (October 2016): 303–26. http://dx.doi.org/10.1177/0022018316668450.
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This article places sharing forensic biometric data for international criminal justice cooperation purposes within the domain of global public goods. Such cooperation is a rational response to globalisation, but faces several obstacles. These range from sociocultural and political concerns about national legal and criminal justice autonomy to the potential impact of market fundamentalism on scientific standardisation and cooperation mechanism delivery. The significance of such inhibitors will vary as societal and personal perceptions of stability change. These issues are examined by analysing the progress achieved with the EU Prüm forensic biometric data exchange model. Shocks to European stability, such as the increased scale of terrorist crimes and the UK EU referendum result will inevitably test the resilience of Prüm. Combining insights from global public goods and criminal law scholarship, however, may help to identify how reactions to such shocks, including questions about future UK participation in Prüm, might be managed.
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Sindhu Gautama, I. Nyoman. "Pemberatasan Kejahatan Internasional berdasarkan Mutual Legal Assistance Treaties (MLATs)." Jurnal Aktual Justice 4, no. 1 (June 10, 2019): 54–65. http://dx.doi.org/10.47329/aktualjustice.v4i1.474.
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The form of cooperation between countries in the practice of customary international law can be done through Mutual Legal Assistance Treaties (MLATs). This form of cooperation appears in the practice of eradicating international crimes, which are transnational or international crimes as an act of implementing other agreements, which have been carried out among the countries involved in it. Law enforcement efforts against international crimes can be carried out through extradition treaties. Apart from that, other international agreements, both bilateral and multilateral, or mutual legal assistance treaty or judicial assistance treaty between two or more countries. Mutual Legal Assistance Treaties (MLATs) also emerged because the eradication of crime was not sufficiently enforced by extradition agreements. More and more forms of Mutual Legal Assistance Treaties (MLATs) have been agreed upon, for example the United Nations Convention Against Corruption in 2003, the United Nations Conventions Against Transnational Organized Crime in 2000. Whereas at the ASEAN Regional level, the Treaty Mutual Legal Assistance in Criminal Matters in 2004. If this is well developed, especially in the State of Indonesia, then efforts and implementation in resolving these transnational problems can be overcome.
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Hassan, Saud. "Establishment of the International Criminal Court and the Role of USA: A Legal Appraisal." Northern University Journal of Law 1 (April 7, 2014): 51–69. http://dx.doi.org/10.3329/nujl.v1i0.18525.
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In order to end global impunity of perpetration of heinous crimes against humanity and gross violation of human rights and to bring individual perpetrators to justice, international community felt the need for a permanent international criminal court.2 As the armed conflicts and serious violations of human rights and humanitarian law continue to victimize millions of people throughout the world, the reasons for an international criminal court became compelling.3 In many conflicts around the world, armies or rebel groups attack ordinary people and commit terrible human rights abuses against them. Often, these crimes are not punished by the national courts. Here the ICC is complementary to national criminal jurisdictions.4 The court only acts in cases where states are unwilling or unable to do so.5 The jurisdiction of the Court is not retrospective and binds only those States that ratify it.6 Unlike the International Court of Justice in The Hague, whose jurisdiction is restricted to states, the ICC has individualized criminal responsibility. However, the role of USA regarding the establishment and continuation of ICC has caused the organization fall in a trouble. The better cooperation of USA and other states could make the organization more active and effective as to its activities. The view of this paper is to analyze the role of USA towards the establishment, continuation and function of the International Criminal Court. DOI: http://dx.doi.org/10.3329/nujl.v1i0.18525 Northern University Journal of Law Vol.1 2010: 51-69
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Ortynskyi, Volodymyr, Yuliia Chornous, and Nataliia Pavliuk. "INTERNATIONAL COOPERATION IN FINANCIAL FRAUD INVESTIGATION." Baltic Journal of Economic Studies 4, no. 4 (September 2018): 252–57. http://dx.doi.org/10.30525/2256-0742/2018-4-4-252-257.
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The aim of the article is to formulate theoretical principles and practical recommendations for the implementation of international cooperation in the investigation of financial fraud. The subject of the study is international cooperation in the investigation of financial fraud. Methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to determine the preconditions for the origin of financial fraud as a crime of international nature, the establishment of the institute of international cooperation in criminal proceedings. The comparative legal method enabled to compare doctrinal approaches to the differentiation of tasks and forms of international cooperation in the investigation of financial fraud. The system-structural method enabled to determine the tasks of the pretrial investigation bodies in the investigation of financial fraud considering the functional aspect of the relevant bodies and individuals. The methods of grouping and classification were the basis for the author’s approach to the definition of features of financial fraud as a crime of an international nature. The technical legal method enabled to examine the state of affairs in the legal regulation of the application of international cooperation measures in the investigation of financial fraud at the international and national levels, to identify its shortcomings, which determine the problems of practical implementation, to develop recommendations aimed at their elimination. The results of the study revealed that improvement of the international cooperation in the investigation of financial fraud involves the use of new methods and means of investigation (legal proceedings within the framework of international legal assistance, joint investigation teams, etc.); working out effective interaction with the competent authorities of foreign countries and international organizations. It is important to conclude international cooperation agreements, including interagency agreements; to improve the national legislation to comply with the provisions of international law; to harmonize the legislation of Ukraine and European states. Practical implications. In the research, financial fraud is defined as a crime of an international nature; the problematic issues of its investigation are determined; features of international cooperation in the investigation of financial fraud; the areas of its efficiency improvement are suggested. Relevance/originality. The original author’s approach to the formulation of theoretical principles and practical recommendations for the implementation of international cooperation in the investigation of financial fraud is the foundation for the elaboration of the most promising areas for the development of national legislation and practical activities in this sphere.
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Hamdi, Muhammad Arief. "PREVENTION OF THE TRANSNATIONAL CRIMINAL IN INDONESIA." Jurnal Ilmiah Kajian Keimigrasian 1, no. 1 (April 27, 2018): 165–75. http://dx.doi.org/10.52617/jikk.v1i1.20.
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Transnational crime as a form of crime that can threaten the potential of community life such as economic, social, public order and the security of both national and regional. The development of transnational crime in Indonesia, as the impact of globalization as well as other factors relating to the movement of people from one area of the country to country or from an area to another area. So, very potential appears and the development of a new type of cross border crime.
The purpose of the research was to discover different shapes or types of crimes that can be categorized as a transnational crime which differentiate it from other crimes; Map the concept of handling and tackling transnational crime for the benefit of Indonesia; Find a harmonization of national laws and international laws related to cross border crime.
That to overcome the widespread crime, the necessary legal instrument relating to the types of crime that either national law or international law/international agreements with the protocol. On the other hand, the state was instrumental in anticipation of the influx of threats will be crimes is cross border through negotiations/diplomacy and cooperation-bilateral or multilateral cooperation is good.
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Prosperi, Luigi. "‘With or Without You’: Why Italy Should Incorporate Crimes Against Humanity and Genocide Into Its National Legal System." International Criminal Law Review 21, no. 4 (April 20, 2021): 698–714. http://dx.doi.org/10.1163/15718123-bja10058.
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Abstract By ratifying the Genocide Convention, Italy undertook an obligation to enact legislation ‘to provide effective penalties for persons guilty of genocide’. Accordingly, in 1967 the legislator incorporated the offences enumerated in the convention into the domestic legal system. As it was under no such obligation with regard to crimes against humanity, Italy has not criminalized them. Two major legal issues arise from this decision. First, Italy may be unable to execute cooperation requests submitted by the International Criminal Court, and thus breach an international obligation. Furthermore, domestic authorities can only charge suspects with ‘corresponding’ ordinary offences, which are subject to statutes of limitations. Both issues are addressed in the Draft Convention on Crimes Against Humanity adopted by the International Law Commission, whose provisions require States Parties to enact legislation to ensure that under domestic criminal law such crimes constitute offences and are not subject to a statute of limitations.
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Grasis, Jānis. "ESTABLISHMENT AND ACTIVITIES OF THE INTERNATIONAL CRIMINAL COURT: CHALLENGE FOR XXI CENTURY." Administrative and Criminal Justice 1, no. 70 (March 31, 2015): 20. http://dx.doi.org/10.17770/acj.v1i70.4326.
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Without any doubts, we have to recognize that the establishment of International Criminal Court (ICC) is positive step in international humanitarian and criminal law, in order to call to account persons, who has committed the most serious war crimes, crimes against humanity or genocide. The authority of the ICC internationally reduces the fact that United States of America and Russian Federation have not become member states of the ICC. The brief analysis of the court practice of the ICC proves that ICC acts according to the rule of law, taking into account its independent status. In order to improve legal proceedings of the ICC, we have to find innovative mechanisms in cooperation with bodies and institutions of the United Nations Organization, to push the Member states of the United Nations Organization to actively cooperate with ICC; for example – to execute orders of the arrest of the accused persons. The special treatment must be in cases, when Heads of the State has been accused.