Dosymbekova M. S. Cand.Jur.Sci.,
the associate professor of International law
KazNU named by al-Farabi
International legal cooperation in fight against
smuggling
Smuggling as a type of criminal activity of the
international character is known for a long time. On the objective sign it
encroaches much in the field of foreign trade, causes damage to progressive
development of the economic relations between the states and breaks their state
and economic sovereignty.
Owing to that it undermines an economic basis of the
state, smuggling is the most dangerous of all types of customs offenses.
Therefore it would be desirable to stop especially in detail on the legal
analysis of this type of customs offenses. [1]
The general for all offenses causing damage to the
international economic and welfare development including smuggling, the object
of their encroachment - the state interests is. Owing to the general interest
of the states in fight against smuggling it becomes object of their
international cooperation.
There are only fixing cases in the international
documents of some separate concepts relating to this or that type of smuggling.
In particular, the concept "military smuggling" which is given in the
Declaration on sea war from 4 on April (16), 1856 and Declarations on the right
of sea war from 26 on February (13), 1909.
On May 14,
1920 the Resolution of Council of Work and Defense "About fight against
smuggling in trade", on December 4, 1920 — the Decree about the statement
"Provisional rules of import from abroad
and the return export abroad of foreign goods" is signed. The decree
established that the goods imported with derogation from the specified order
"are considered illicit and will be confiscated by customs offices".
On methods and nature of commission of a customs
offense smuggling differs in nothing from other similar customs offenses.
However from the point of view of objects of smuggling and its aspects it is
possible to tell with confidence that it is one of the most difficult types of
customs offenses. We will take, for example, the same type of smuggling made,
let us assume, in any sea or river open port. Only for it three aspects are
already characteristic:
1) professional smuggling (it skilled members of crews
systematically and with use of special courts, as a rule, are engaged);
2) smuggling of amateur character in which certain
members of crews of floating objects for the purpose of illegal transportation
of goods, currency and currency values through customs border and in the bolynikh
periodically are the big sizes;
3) the single smuggling which is carried out by
passengers. If to consider a customs
offense of smuggling from the point of
view of its objects, complexity of qualification of smuggling is even more
aggravated. These objects are extremely various. Among them on volume the
predominating place is still taken by such traditional objects of smuggling as
drugs, currency and currency values. All listed objects if their movement took
place illegally, give structure of smuggling as penal act. Besides, structure
of smuggling as O. E. Zverev and V.T. Hrabskov, gives illegal movement and
other objects if their movement "in large sizes" or with use of
official position, or the person exempted from certain forms of customs control
took place, or goods were exempted from the certain forms of customs control,
or a group of persons organized for occupation by smuggling. [2]
In recent years new lines became inherent in crimes of
smuggling: more widespread is an organized smuggling made by big groups;
systematically there are all new and new objects of smuggling; management of
smuggling is performed by persons and the whole underground syndicates which
are watching closely an economic situation in various countries and regions.
They seek to strike blows in weak spots of economic development. For example,
according to the reached agreement Thailand, Malaysia and Indonesia take
measures for suppression of smuggling of tin ore from these countries to
Singapore. Though Singapore doesn't extract tin, it exported in 1983 this metal
almost three times more, than in previous year. A half of the sold tin is made
of illicit ore. According to the chairman of committee on fight against
smuggling of tin ore of Thailand, 70% of the Thai ore are illegally taken out to
Singapore. [3]
Now already there were certain directions and forms of
the international cooperation in fight against smuggling. It is the whole
system of the international activity in the field of the prevention of crime, fight against it and the treatment of
offenders.
In
1984 in Hungary the international gang from the citizen s of the Federal
Republic of Germany entering the secret-service network organized by them in
Germany, the Netherlands, Austria, Hungary and Romania was found and neutralized.
The main profile of gang was the illegal crossing of people through border, but
along with it she was engaged also in smuggling of goods, illegal currency
transactions in vast scales. Expensive technical goods, for example,
videorecorders, cameras, high-quality radio receivers and tape recorders which
were implemented then via the illegal channels organized by gang were imported
into the countries of the Central and Eastern Europe, first of all.
Deserves attention as K. Halas wrote that circumstance
that as the main method criminals applied an illegal crossing through border of
people and goods that is violation of provisions of the convention MDSh. It was
regularly broken - integrity of customs seals and seals, in a cargo compartment
of vehicles people and goods, then, customs were hidden, seals and the press
were given to an initial state. Thanks to such fake the drivers of trucks
working as smugglers could pass through usual customs control and illegally
move through customs border of people and goods. [4]
In April, 1983. The economic and social commission of
the UN for Asia and the Pacific Ocean (ESCAP) together with UNCTAD held events
between the states of the Pacific Rim for fight against the violations of
customs rules and smuggling posing serious threat for economic security of
these countries.
By results of the held events the draft of the
multilateral agreement on the mutual administrative aid for the prevention,
investigation and suppression customs, violations was agreed.
Thus, in the conditions of a sharp aggravation of a
narcosituation within the country, taking into account the international
obligations of Kazakhstan the role of customs authorities in fight against a
drug trafficking considerably increases. Investigating a problem of regulation
of activities of customs authorities of the Republic of Kazakhstan for fight
against a drug trafficking, in this research attempt to open the main
objectives, functions, questions of the organization and activity of customs
service in fight against smuggling of drugs and psychotropic substances was
made. All this occurs in difficult conditions of implementation in the country
of political and economic transformations.
Literature
1. Masur S.F. Modern problems of fight against
economic crimes (criminal and legal aspects). Works of Ministry of Internal
Affairs Academy of the Russian Federation. — M, 2007. – 440 page.
2. Borisov K.G. International customs right. Textbook.
M., 2001. -89 pages.
3. Maximova S. V. The international cooperation in
fight against criminal offenses. M, 1983. - 220 page.
4. Abdirov N. M., Mami K.A., Sarsekov B. S. Criminal and legal measures of fight against
the crimes connected with drugs//the Educational practical grant. - Almaty:
Baspa, 1998. - 128 page.