CC BY
17
DOI: http://dx.doi.org/10.20534/EJLPS-17-1-36-39
Nizamedinkhodjaev Ulugbek, Tashkent Higher Military Technical School of the Ministry of Internal Affairs of the Republic of Uzbekistan E-mail: umida-kamilova@mail.ru
Development of cooperation of the states in struggle against organized crime within the limits of the commonwealth of independent states
Abstract: the article is devoted to the discussion of problems of development of cooperation of the states in the fight against organized crime of the commonwealth of independent states (CIS).
Keywords: organized crime, commonwealth of independent states (CIS), cooperation of the states.
Undoubtedly that the criminality, especially its organised forms, long since got beyond national borders, therefore struggle against it seems to be possible only by wide international cooperation. Thus, the higher level of internationalisation of criminality, the more active and all-round there should be interaction of the states at struggle against the organised crime. As practice shows, most successfully it occurs within the limits of the international organisations. An example to that is cooperation of the Commonwealth of Independent States (CIS) countries on prevention and struggle against the organised crime [1].
In the beginning of the 90th of the 20th century in the conditions of new geopolitical relations before republics of the former Soviet Republic there was a whole complex of problems including connected with maintenance of public order against sharp ac-tivization of different criminal groups, whose activity began to carry not only transboundary character, but also to make serious impact on economy of the independent states and safety of citizens. In April, 1992 at meeting of Ministers of Internal Affairs of the independent states in Alma-Ata, it had been concluded and signed Agreement for interaction of the Ministries of Internal Affairs of the independent states in sphere of struggle against crime. Important stage in the field of struggle against organised crime was conclusion of Convention of about legal aid and legal relations on civil, family and criminal cases 2 between the CIS countries, that has allowed more full and more carefully at multilateral level to solve questions of joint struggle against criminality. The
convention has been signed in Minsk on January 22, 1993 by heads of member states the CIS.
In the specified Convention the special attention has been paid to the order and conditions of issue by one CIS country to another of the persons who are in territory of each of the states which has signed the Convention, for being criminally liable or for reduction of sentence in execution. Here cases when the extradition is obligatory are considered when it can be refused or when the extradition can be delayed, and also conditions of a capture of the given out person under guards etc. are stipulated. In the Convention, it is also defined the procedure of criminal prosecution. In it, there is noticed that each contracting party according to the legislation undertakes to make criminal prosecution of the citizens suspected of commission of crime in territory of the requesting party. The Convention contains number of the regulations, concerning transfers by contracting parties of the subjects used by criminals, evidentiary and other information on the perfect and investigated crime leading to transfer of the person according to provisions of the Convention.
Approving of the Program of joint efforts about struggle against the organised crime and other dangerous kinds of crimes in the territory of the CIS countries in March, 1993 by the Council of heads of the governments of the CIS countries became following step in the field of struggle against the organised crime.
In this Program especially sharp deterioration of criminogenic conditions in the majority of the state-
Development of cooperation of the states in struggle against organized crime within the limits of the commonwealth.
participants of the CIS, displeasing the population and posing real threat of national safety and to process of the reforms spent in the sovereign states was marked. According to this Program there was an object in view to develop and conclude interstate agreements concerning cooperation in sphere of struggle against the organised crime, the illegal reference of the weapon, explosive and radioactive substances, about an order of interaction of investigatory-operative groups in territory of other states, about order of interaction of law-enforcement bodies, customs services and frontier troops, about cooperation in sphere of struggle against crimes in bank, credit and financial systems, commercial structures and in foreign trade activities sphere, about cooperation in sphere of struggle against a drug trafficking [2].
Acceptance in September, 1993 by Council of heads of the state-participants of CIS countries of the decision about creation of Bureau for coordination of struggle against organised crime and other dangerous crimes (BKBOP) in territory of the CIS became the important event [3]. Acceptance of this decision has been caused by proceeding expansion of zone of activity of the organised crime, growth of number of the crimes made by organised criminal groups in all former republics of the USSR that has forced country leaders of the CIS to raise the problem of creation of corresponding interstate body which could provide appropriate coordination of efforts oflaw enforcement bodies in struggle against the organised crime and its displays. Simultaneously with acceptance of the specified decision Position about it Bureau as about constantly operating body on the organisation of struggle against the organised crime and other dangerous crimes in territory of the CIS has been confirmed. Creation of this body was rather timely. The initial stage of activity of Bureau practically has revealed at once its necessity and efficiency. It is organised legal aid rendering on criminal cases within the limits of the Convention on legal aid in Relations to civil, family and to criminal cases with participation operatively-investigatory actions of all Ministries of Internal Affairs of the state-participants of the CIS countries. It is carried out organisation of interaction of law-enforcement bodies of the state-participants of the CIS countries and rendering of assistance in establishment, detention
and extradition of the criminals searched at interstate level. To Bureau practice of direction is applied to acceleration of search of lists of the persons who have made especially grave crimes. Single carrying out in territory of the state-participants CIS countries of complex of operatively-preventive actions for various directions of struggle against criminality remains to one of effective directions of joint activity of law-enforcement bodies. BKBOP develops as agreed with all Ministries of Internal Affairs of the CIS countries plans-schedules of carrying out of the complex operatively-preventive actions provided by interstate programs. Actions according to plans-schedules are spent on a wide spectrum ofproblems of struggle against criminality. These actions provide a concentration of efforts of all Ministries of Internal Affairs on the decision of pressing questions of struggle against criminality. Complex operations were generally recognised.
In November, 1995 in Moscow Council of heads of the governments of the CIS has supported the offer brought by Byelorussia on formation of working group on working out of the project of the Interstate program of joint efforts of struggle against the organised crime in territory of the state-participants CIS for the period up to 2000.
In process of cooperation expansion the understanding of necessity of closer integration of work of departments in all directions of law-enforcement activity grew also. As a result of January, 19th, 1996 Council of heads of the CIS countries makes the decision on creation ofMinisterial council of internal affairs of the state-participants CIS (CMIA) [4].
Today the Ministerial council is a body of the branch cooperation, called to provide interaction of the Ministry of Internal Affairs of the state-participants CIS not only concerning struggle against criminality, but also in other directions of their teamwork. The basic form of work — sessions which serve as an original forum in which frameworks of the head of departments the coordinated decisions directed on neutralisation of new calls and threats, the CIS countries infringing on interests make. Council acts in a role of the uniform coordination centre allowing on the basis of the deep analysis developing on territory of the countries of Commonwealth of operative conditions to develop effectual measures
of reaction on the whole spectrum of questions, the organised crime connected with counteraction, to terrorism, a drug trafficking and other dangerous kinds of crimes.
CMIA is the active participant of process of formation of contract-legal base and organizational bases of interstate interaction in struggle against criminality. Within the limits of this work he cooperates with Executive committee of the CIS and Inter-parliamentary, Assembly of the countries of the Commonwealth. The majority of initiatives CMIA directed on formation of uniform strategy of counteraction to criminal activities, at interstate level find the reflection in modelling acts, and also the decisions accepted by Council of heads of the governments and Council ofheads of the CIS countries. As toolkit of such decisions interstate target programs in various directions of struggle against criminality which put organizational bases act and define a vector of efforts of law-enforcement community with the account of realities of today. The applied mechanism of realisation are coordinated preventive, operatively-searching actions and the special operations directed on neutralisation of organised criminal groups, whose activity has trans-boundary character [5].
In April, 1996 in Moscow Council of heads of the governments of the CIS has approved already developed a Program which has included measures on strengthening of international legal base of cooperation, perfection and harmonisation of national legislations, carrying out of joint interstate target op-eratively-preventive operations, information, scientific, personnel, material and financial maintenance. Realisation of the specified Program has allowed to give dynamism and new quality to cooperation of the state-participants CIS in the field of struggle against criminality.
Developed conditions have demanded acceptance of the new Program of the interstate measures directed on perfection of cooperation in struggle against criminality. Therefore with a view of maintenance of efficiency of cooperation in struggle against criminality Council of heads of the CIS countries has decided to confirm on January 25, 2000 the Interstate program of joint efforts of struggle against criminality for the period from 2000 up to 2003 [6].
In this connection the base documents providing target application of available forces and means of law-enforcement structures, the interstate programs accepted on intermediate term are period according to decisions of Council of heads of the CIS countries. The interstate program of joint efforts of struggle against criminality for 2011-2013, has been directed on the further perfection of cooperation of the state-participants CIS, authorised bodies and bodies of branch cooperation of the CIS in struggle with criminal activity [7]. Primary goals of the Program: first development of international legal base of cooperation of the state-participants CIS; secondly perfection and harmonisation of the national legislation of the state-participants CIS; in the third carrying out of the complex joint and-or coordinated interdepartmental preventive opera-tively-search actions and special operations; in the fourth information and scientific maintenance of cooperation; cooperation realisation in a professional training, improvement of professional skill of experts.
The interstate program of joint efforts of struggle against criminality during 2014-2018, which has problems: first development of international legal base of cooperation of the state-participants CIS; secondly perfection and harmonisation of the national legislation of the state-participants CIS; in the third carrying out complex joint and-or coordinated interdepartmental preventive, operatively-of searching actions and special operations; information and scientific maintenance of cooperation; in the fourth realisation of cooperation in a professional training, improvement of professional skill of experts; development of cooperation with the international organisations [8]. The received experience of interstate cooperation allows BKBOP to realise in practice necessary administrative impulses in interests of consolidation of efforts of law-enforcement bodies of the countries of the Commonwealth in struggle against criminality against the account of modern threats. It, first of all, introduction in a life of the Concept of development of cooperation of the Ministries of Internal Affairs of the state-participants of the Commonwealth of Independent States for the period up to 2020 1, confirmed on gradual expansion of a coordination role of Bu-
Development of cooperation of the states in struggle against organized crime within the limits of the commonwealth...
reau, circle of problems carried out by it and func- Thus, consolidation and escalating of efforts
tions in the general interests of the countries of the on interaction of law enforcement bodies of the
Commonwealth. The bureau actually became the Commonwealth will allow to solve more produc-
multipurpose organisation on assistance on variety tively one of the main strategic problems of the
of directions of interstate cooperation in struggle CIS — the further development of integration pro-
against criminality. cesses in the Commonwealth countries.
References:
1. Criminology: Textbook/I. Ya. Kozachenko, K. V. Korsakov. - Moscow: NORMA-INFRA TH, - 2011. -P. 304.
2. Dolgova A. I. Criminological organised crime and corruption estimations, legal fights and national safety. - Moscow. - 2011. - 668 p.
3. Derevyanko E. BKBOP: 22 years of fruitful work. - Moscow J. Commonwealth - 2015. - No. 3. - P. 36-40.
4. CMIA: yesterday, today, tomorrow. - Moscow. J. Commonwealth - 2015, - No. 4. - P. 10-16.
5. Criminality is resisted by commonwealth of professionals. - Moscow. J. Police of Russia - 2016. - No. 1. - P. 10-27.
6. Interstate program of joint efforts of struggle against criminality for the period from - 2000 up to - 2003 (Confirmed by the Decision of Council of heads of the states of the Commonwealth of Independent States on - January 25, - 2000, Moscow City).
7. Interstate program of joint efforts of struggle against criminality for - 2011-2013 (confirmed by the Decision of Council of heads of the states of the Commonwealth of Independent States on - December 10, - 2010, - Moscow City.
8. Interstate program of joint efforts of struggle against criminality for - 2014-2018. Confirmed by the Decision of Council of heads of the states of the Commonwealth of Independent States from - October 25, - 2013, - Minsk City.
