Salamatova B.Z. as a Master of jurisdiction
Kostanay State University, Kostanay, Kazakhstan
International collaboration of
law-enforcement bodies in the fight with international criminality
Expansion
of international contacts, integrate process in the whole world and in the
regions, intensification of independency of all participates of international
relation led to the process of internationalization of criminality.
It’s known that Kazakhstan has broad state borders,
and accordingly the state policy of fight with criminality in the republic,
demands from law-enforcement bodies and courts activeness in its realization,
close interactive and coordination based on legal standards without contradictions
and gaps.
But perfection of practice of fight with international
criminal criminality, elimination of defects and gaps must be implemented in
accordance with peculiarities of formation and development of foreign state
interaction, and first of all in crime prevention.
The forms of
interactions between foreign states in the sphere of fight with criminality are
various.
They consists of
rendering of legal aid; signing and realization of international contracts and
agreements in the fight with criminality; fulfilling of decisions of
international law-enforcement bodies; regulations of criminal and lawful
questions and human rights in the sphere of maintain order; exchange of
information presented interest for law-enforcement bodies; carrying out of
joint scientific researches and working out in the sphere of fight with
criminality; exchange of experience law-enforcement activity; rendering
assistance in training and extension of staffs; mutual ensuring
of material, technical and consultative aid [1].
Global and regional level of formation and activity of international
law-enforcement organizations are called up to supplement each other. Just as
efforts of great numbers of regional international organizations and
integration formations are not contrasted with activity of international
associations of UN, but they supplement each other. Regional level of
cooperation frequently differ more coordinate and deep character. Cooperation
of differ level international law-enforcement organizations: global (Interpol)
and regional (Europol and American police) acquire similar character.
The Commonwealth of Independence States (CIS) accumulated the positive
experience of coordination activity in sphere of maintaining security and fight
with criminality.
Such coordination is implemented by the Counsel of leaders of security
bodies and specialized service, the Counsel of Internal Affairs Ministries,
Coordination counsel of general procurators, Coordination counsel of leaders of
tax bodies (financial) investigations and other bodies of branch of CIS
cooperation.
Obviously that coordination and taken on its basis plans, programs and
measures which directed at harmonization of legislation, coordination of inner
state procedures and informational support of law-enforcement activity, can’t
satisfy the requirements of international cooperation in the sphere of fight
with criminality.
Especially as in the frame of future integration education, for which
system ensuring of fight with criminality, that is inclusion with cooperation
of all organizational and legal forms will become the aim number one [2].
It’s not real to achieve high level of integration in the fight with
criminality without especially formed regional international law-enforcement
organization on cooperation between law-enforcement bodies of new integration
education like an Eurasian Unit.
The RK President N.A. Nazarbayev’s suggestion is perspective on creation
of Eurasian police on the territory of Common economical area. It’s necessary
to notice that the process of further integration of EEC is profitable not only
to the countries but also to criminal societies. Especially it’s urgent for
Kostanay, North-Kazakhstan regions which border on the regions of the Russian
federation.
Clearly
that with economic unity it will be created common Eurasian area for
transnational criminal structure with such crimes as terrorism, organized
criminality, drug selling, illegal immigration and other types of crimes. As a
result it will be favorable conditions for developing and rising of criminality
on the common Eurasian area with dominating of organized forms with mercenary
motives and violence that is “integration” criminality.
Similar
situation took place in European counsel which with the opening of borders
between states-members had become the criminal paradise for “specialists” of
many criminal professions [3].
Taking
into above stated we suppose that formation of Europol considerably will
lighten fight with transnational criminal criminality, simplify questions of
criminals extracting, allow to carry out joint measures with neighbors.
At the same time formation of above national law-enforcement structure
suppose appearance of corresponding administrative bodies which must be formed
in accordance with balance of interest of the Europol creators. It’s necessary
to organize the matter in such way to avoid this structure’s interference in
home affairs of the state.
In this case the experience of Interpol may be useful. Interpol includes the highest body General
assembly, General secretariat, and also Executive commission which is elected
by General assembly with the aim of control above activity of General secretary and
execution of General assembly decisions.
To
my mind in the aim of improvement of coordination of research of different
aspects of fight with criminality, interaction of scientific branches of
law-enforcement bodies can be implemented next organized forms of international
collaboration competent bodies in the fight with the international crimes:
carrying out of joint researches of more urgent problems for practice using the
common method; working out of projects of model legislative and legal
regulations; preparing and publication of joint scientific and practical
commentaries of conventions, agreements and contracts between CIS
participants; mutual exchange of
scientific plans, results of researches, published works; publication of joint
informational bulletins on new methodical working out; mutual holding of
seminars; on the constant base maintaining of scientific cooperation between
scientific, research and training establishments of the IAM of the states.
To A.K. Esayan’s
opinion it’s necessary to study (increase qualification) the IAM officials who
disclose and investigate crimes committed by the transnational criminal groups.
Lessons would be held on the specialized course (program) in the educational
establishments of the IAM, having included practice abroad and teaching on the
basis of exchange of listeners of police educational establishments [4].
It
may be the stirring up of activity on formation of adjust mechanism of using
possible forms of interactive inside of the system of law-enforcement bodies.
In particular it’s possible to hold a number of organized measures directed at
increasing of effectiveness of interaction with competent bodies of states on
disclosing crimes:
-
every quarter share with central subdivisions of state internal affairs bodies
(police) of operative and other information about disclosed or worked out
persons and criminal groups committing crimes in the sphere of economy;
-
carry out regular meetings of representatives of mentioned operative
subdivisions of the states of Eurasian cooperations, the internal affairs bodies of border regions for working out of
concrete, joint and agreed operative and detective measures in fight with
organized criminal formations;
-
consider the question about expediency of organization of joint operative
groups of internal affairs of interested state with the regard for operative
situation in border districts, on the territory of which criminal groups act;
-
In short time work out legal regulations for creation of joint operative groups
on formation of concrete organized criminal structures committing crimes of
trans border character.
It’s necessary to underline that fight with international criminality
must be stage. It will be effective if taken measures are complex and
extensive, and measures of not only one country but also the whole international
cooperation at all will be directed at the fight with international
criminality.
The fight with international criminality is constantly expedience joint
work of the state and community. That
it is one of the main conditions of achievement of positive results.
Literature:
1. Zuyev S.V. International collaboration of law-enforcement
bodies in the fight with international crimes \\ Russian detective, 2010. - http://juristlib.ru/ book_ 7096.html
2. Satpayev D. We need our police for integration // Kaz. pravda ¹12 03.02.2012.
3.
Sarsembayev M. Europol. Legal outlines // Legal reform. - 27.04.2012. - http://www.kazpravda.kz/c/1335490925
4. Esayan
A.K. International
collaboration of state-participates of CIS, Eurasian Economic counsel, ShOC on
prevention of crimes in the sphere of maintaining economic security // International public and private law, 2011.
- http://juristlib.ru/book_7096.html