Law//13. International law.

Karyagina O.V.

Taganrog institute of management and economy, Russia

Role of international law in fight against globalization of crime

Globalization is a process of the world economic, political and cultural integration and unification. It is an objective process which has a system character, covering all spheres of life of society. Certainly, the process of globalization has to be settled by means of norms not only national, but also international law.

Nowadays not only experts define terminology, but also regulations and international legal documents contain definitions of such concepts as «organized crime». In this regard the approach of the United Nations to definition of the concept «transnational organized crime» stated in the Convention against a transnational organized crime is of research interest.

The Russian Federation in 2004 ratified the United Nations Convention Against Transnational Organized Crime, accepted on November 15, 2000. During action of the Convention of the UN, a rather large number of the international acts which in detail regulate the relations in the sphere of interaction of the countries within fight against transnational crimes, and also against the international crime was accepted.

Point 2 of article 3 of the specified Convention refers acts to a transnational organized crime, if:

1. It is committed in more than one State;

2. It is committed in one State but a substantial part of its preparation, planning, direction or control takes place in another State;

3. It is committed in one State but involves an organized criminal group that engages in criminal activities in more than one State;

4. It is committed in one State but has substantial effects in another State.

Also, the Convention lists types of criminal activity which can have transnational character. It is money laundering; terrorism; theft of works of art and subjects of culture; theft of intellectual property; illegal trade in arms, etc.

The special place among them is taken by the market of a drug trafficking as the drug trafficking is one of the main sources of the income of the majority of the transnational criminal organizations; the crime connected with drugs in 90% of cases is organized and transnational, giving excess profit from 300 to 2000%. Much attention in the Convention is also paid to a subject of corruption and fight against it.

In the Convention the concept of the corrupt official is given as «a public official or a person who provides a public service as defined in the domestic law and as applied in the criminal law of the State Party in which the person in question performs that function».

Each state has to take measures for ensuring effective actions of its bodies in the field of the prevention and identification of corruption among public officials and punishment for it, including by granting sufficient independence to such bodies for hindrance to an inappropriate influence on their actions. It should be noted that the criminal legislation of the Russian Federation presumes a rather strict punishment both for the crimes committed by organized group and for the crimes connected with a drug trafficking and corruption crimes.

Nevertheless, as practice shows, only joint efforts of the states can lower, and subsequently, to eradicate crimes of this orientation. It is represented insufficient standard fixing of mechanisms of interaction of the participating countries of the Agreement. In practice not seldom these mechanisms function not properly or are absent at all.

Therefore the bigger amount of attention has to be given to creation of optimum conditions for implementation of provisions of the international acts. In addition, stimulation of interaction of authorized bodies of member countries of the Convention of the UN that will allow to accelerate investigation and disclosure of crimes of transnational character, and also the crimes committed by organized group is necessary.

Literature:

1. United Nations Convention against Transnational Organized Crime// General Assembly resolution 55/25 of 15 November 2000. https://www.unodc.org/documents/middleeastandnorthafrica//organised-crime.

2. Лунеев В.В. Преступность XX века: мировые, региональные и российские тенденции. 2-е изд., перераб. и доп. М., 2005.

3. Белоцерковский С.Д. Транснациональная организованная преступность и транснациональные криминальные рынки // Российский следователь. 2012. N 4. С. 29 - 32.