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Section 12. Criminal law and criminology
It would be useful to consider the process of crime prevention not only as the impact on crime and as a negative component of society, but also on society, which generates this crime.
This process should involve a broad and large-scale events, the implementation of which would contribute not only liquidation of specific causes and conditions of crime,
but would include the impact on the healthy, law-abiding part of society. This will reduce the use of the criminal law, and thereby minimize the process of engaging citizens in the area of criminal law relations.
Thus, it is necessary to strengthen the preventive orientation of the state and its agencies, as well as an effective fight against crime is directly related to national security.
References:
1. Abdrashev R. M., Seralieva A. M. Liberalization of economic crimes as false humanization of criminal policy in the republic of Kazakhstan//Materials of the 10th international research and practice conference, «Key issues in modern science» (April 17-25, 2014) - Tome, 11. Law. - Sofia: «Byal GRAD-BG» OOD - 96 p.
2. The conception of legal policy of the Republic of Kazakhstan for the period of 2010 till 2020: The Decree of the RK President from August 24, 2009. № 858. - [Electronic resource]. - Available from: http://adilet.zan.kz/rus/docs/U090000858_.
3. ‘Kazkahstan-2050’ strategy: A new political course of the mature state. The message of the President of the Republic of Kazakhstan - The Leader of the Nation N. A. Nazarbaev to the people of Kazakhstan. - Almaty: Lawyer, 2013, - Р. 48.
4. The Criminal Code of the Republic of Kazakhstan as of 1.01.2015//Certificate system «Lawyer».
5. The new decade is a new economic growth and new possibilities of Kazakhstan: The message of the RK President N. A. Nazarbaev to the people of Kazakhstan//Kazakhstanskaya Pravda - January 30, 2010. - Р. 1-3.
6. Akimzhanov T. K. Problems and prospects of implementing of preventive functions of the state in crime prevention//Ma-terials of the 8th international research and practice conference «Scientific Industries of the European continent» (November 27-December 5, 2012) - Part 10. - Legal science: Praha. Publishing House «Education and Science» - s. r.o. - 112 p.
7. Statistic data about work of courts of the Committee and special registration of the RK General Prosecutor’s Office// [Electronic resource]. - Available from: http://pravstat.prokuror.kz/rus.
8. Information of the Deputy Secretary of the Security Council of the Republic of Kazakhstan K. Zhanburshina The power on the “zone" was taken by authorities. Source: «Kazakhstan Today» informational agency. [Electronic resource]. - Available from: http://www.kz-today.kz.
9. Statistic data of the Committee of the penitentiary system of the MIA of the Republic of Kazakhstan. [Electronic resource]. -Available from: http://www.kuis.kz.
10. Khokhryakov G. F. A sentence of imprisonment: assessment of efficiency//Soviet state and law - 1989. - # 2. - Р. 187.
11. The conception of the project «Probation and electronic bangles instead of prisons». [Electronic resource]. - ASTANA: KA.ZINFORM. - March 28, 2013. - Available from: http://newskaz.ru/politics/20130328/4918397.html.
12. About crime prevention: the law of the Republic of Kazakhstan//Kazakhstanskaya Pravda - May 12, 2010. - #118 (26179).
13. Avanesov G. A. Crime and social classes. Criminological reasoning: monograph. - М.: Unity-DANA, 2010 - Р. 79.
Sovetkali Yernur,
Kazakh National University named after al-Farabi, student, the Faculty of Law Baysalov Aly Dzhumamuratovich, Kazakh National University named after al-Farabi, candidate of jurisprudence, the Faculty of Law E-mail: [email protected]
Importance of international partnership in prevention of international crime
Abstract: This article discusses the issues of international cooperation in the field of crime prevention. Keywords: prevention, international crime, criminology, International terrorism, Trafficking in drugs and psychotropic substances.
Today all humanity defining its future in a new age passes its way through the sieve of reflection. The world community has the great achievements in Science and Technology, Culture and Art including different fields of industry. But
they are in a low level in the sphere of social politics particularly in international relations. Failing to establish a good order in this field all effects in the history come at a price for the humanity.
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Importance of international partnership in prevention of international crime
If now East and West were not oppose, bipolar, they would be divided into two groups — highly developed countries and low developed countries. Despite this causing the opportunity for stability covering the entire globe this process increases the distance between the world poles today. From one side this is the pole ofwelfare and from the other side it is the pole of low social standards of living and high level of crime.
The president of the RK N. Nazarbaev made a pointed reference in the UN Millennium Summit (2000, September 8): “If the achievements of globalization will be a priority only for the highly developed countries it could lead to even more big social cataclysms than those experienced in the past 100 years”[1].
Problems of crime and its prevention attract attention not only of experts but general public. This issue enters the jurisdiction of criminology. Criminology characterizes crime as a social phenomenon in the aggregate of crimes committed in a state or in a particular field of activities committed in a certain time interval. Crime is a phenomenon changing at every time, that is it appears at a certain stage of development in the society and it undergoes changes of social and economic structures and historical particularities of certain political systems. What is the role of a state in crime prevention? Generally it is performed in preventive, repressive, educational character and domestic measures. But such measures are insufficient for obtaining good results. Partnership between states plays a great role in crime prevention. Improvement of international Criminal law, institutions and principles are based on the growth of crimes at state and international levels.
To determine the field of crimes of international character is the one of the main directions to control crime in the cooperated countries and the aim of their joint measures. The term “Crimes of international character” was coined by Professor I. I. Karpen in 1977 [3].
Capitalization of legal relations causes particularly serious type of crimes and actions, their international legal contradictions were shown in the corresponding conventions, they can be classified according to the level of danger to society and reverse effects to the international interests.
The first group includes crimes affecting usual international relations, they are:
- Hijacking (taking in hostages), actions violating the integrity of civil aviation;
- International terrorism.
The second group consists of crimes affecting social and cultural development of countries and states. They include:
- Trafficking in drugs and psychotropic substances;
- Production offorged securities and counterfeit money;
- Environmental damage;
- Injury to the objects of national cultural heritage.
The third group includes crimes affecting private and state
properties, general human and moral values:
- Human trafficking (slave trade, trade in women and children);
- Slavery;
- Piracy.
The forth group are the crimes of international character and others. They include:
- Sea cable damage or underwater pipeline damage;
- Failure to provide care in a collision of ships [4].
Up to this day crime problems are considered as domestic
matters in each country.
But condition of crime prevention at the national level not only in a given country complicating by the increase of crimes causing danger to all humanity requires united struggle of the countries and everyday partnership. A number of factors are required for such cooperation.
Firstly, steady growth of international crime, international terrorism, crime in air transport, drug trafficking, arms smuggling — all this increases rapidly.
Secondly, there are some difficulties for a single state to solve crimes as they are made by skilled techniques.
Thirdly, there appeared international criminal organizations not limited by boundaries. They are well organized, they have representatives in every country, well-funded and have technical means, and they established criminal contact with the human rights bodies.
With the development of human society the objective necessity in international partnership arises in the field of criminal law. It is evident that in the international relationship the structure and the rate of development of international crime are changing though it is distant.
New types of international crimes such as ecocide, genocide, violation of human rights are appeared in great number.
In accordance with this it is important for countries “in international relations to review prevention of international crime through the strengthening and development of law and order; to develop international crime law, meet obligations in full coming from the international treaties in this field in order to ensure the conformity of the national law to the requirements of the international crime law”.
According to P. Panov to justify the concept of the legal branch it is necessary to identify the object of legal regulation. What are the components of the object of international criminal law?
Firstly, the partnership in the prevention of crimes in a specific order as they are provided in the international treaties and partnership in investigation and punishment. Secondly, to consider as crimes single actions that can be dangerous to the international law regulations, to define court proceedings and jurisdiction, give law assistance in cases of crime, arrest criminals, duties of the international organizations in the field of crime control and other issues of partnership.
Fair judgment, fixation of basic standards, giving talks with the criminals and grouping of criminal law may be also included in the object of legal regulation
The UN is the coordinating center for governments and international organizations in the prevention of international crime. This function is performed by way of preventing of crimes as well as through educational activities aimed to
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direct persons having committed an offence at honest way. This direction of the United Nations started to function in 1950 as a result of the reorganization of the International Penal and Penitentiary Commission organized in 1872.
The work of the United Nations in this field is determined by several factors:
- Considering crime as an objective specific social phenomenon, the necessity of exchange with the gained experience in crime prevention.
- Fact causing concern about criminal activities of terrorist organizations in the world community.
- Organized crime causes tremendous harm to society — they are an integral part of criminal cases in all countries.
- For a number of countries drug trafficking, hij acking, human trafficking and other crimes are a significant problem [5].
For half a century the United Nations are resolving conflict situations as well as promoting solidarity worldwide. Also the important role play subsidiary bodies of the UN, such as the UN Security Council, the Special Committee on the Administration ofJustice, the Special Committee on Peacekeeping Operations, and others.
Any action from the part of the countries directed to prevent crime should be based strictly on the rules of international solidarity as well as on the principles such as:
1. The principle of equality of countries in decisionmaking.
2. Do not interfere in the internal affairs of another state.
3. The maintenance of peace and harmony, as well as supporting of security in the world.
By the president of the RK Nursultan Nazarbaev in his Appeal “Stability and security of the country in a new century” there was given the evaluation of the development opportunities in this field and there was shown the ways of elimination of the threatening danger to the national security in our country. From the day of obtaining independence Kazakh people has implemented the ways of the national security not only through the strengthening of the military forces but through the domestic policy of piece, participation in the international organizations and agreements directed to strengthen security. Kazakhstan determined
300 international conventions and agreements in its way of democratic development and strengthening authority in the world community.
Firstly, this is the policy of keeping peace and territorial stability by the participating countries of the Customs Union. For instance, during collisions in Ukraine our country acted as a bridge of peace between East and West in addition to humanitarian assistance.
Secondly, it is the policy of international security of Kazakhstan and disarmament in CIS area.
Thirdly, presiding of our country in OSCE, participation in the program of NATO “Friendship for peace” and disarmament Convention.
And all this can be considered as a new model of security and relationship activities and this can prove that Kazakhstan has opportunities to keep independence and peace. History teaches that it is important to gain independence and freedom and to keep and transmit them from generation to generation as well.
The United Nations entities dealing with crimes and their prevention and the issues of association with the lawbreakers perform discussion and lynch law out-of-court. The UN believes that only verdict which came into force is a direct legal basis for prosecution.
The states aiming effective prevention of crimes stand for international partnership. And organizations have great role here. Particularly the UN conventions and Interpol are highly evaluated.
Speaking about objective consent on social phenomena caused by crimes of international character we can state that Kazakhstan makes great contribution in guarantying global security and international partnership. Keeping peace in a whole world the UN takes an active part in the leading international organizations including Interpol.
In conclusion I would like to quote the words by great German poet Goethe: “It is not important where we are stay now, it is more important which direction we move on”. Strengthening independence in our country, moving on the way of the constitutional country, pursuing a policy to enter the top of 30 competitive states it is greatly important to give more possibilities to talented, capable and intelligent young people.
References:
1. Reference of N. Nazarbayev in the UN Millennium Summit (2000, September 8).
2. Official website of UN. - [Electronic resource]. - Available from: www.un.org/en/
3. Sarsembayev M. A. Халыкдралык, к,ук,ык,. - Almaty, «Жет жаргы» publishing company, - 1996.
4. Panov V P. Международное уголовное право. Учебное пособие - М., 1997.
5. Collection of the United Nations standards and norms in crime prevention and criminal justice. - New York. - 1992.
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