Рефераты. International Combating The Crimes Harming The Economic Development Of States

5. The National Central Bureaux (NCBs) Experience has shown that there are three main factors which tend to hamper international co-operation. In the first place, the different structures of various police forces often make it difficult for outsiders to know which particular department is empowered to deal with a case or to supply information. Secondly, the fact that different countries use different languages can become a barrier to communication.


Finally, problems can arise from the fact that legal systems vary considerably throughout the world. In an attempt to solve these problems, it was decided that the Government of every Member State should appoint one permanent police department to serve as its country's INTERPOL National Central Bureau and act as the focal point for international co-operation. In most cases the department chosen is a high-level one, with wide powers, able to reply to any request from the General Secretariat or from another NCB and capable of launching large-scale police action by other national law enforcement agencies whenever necessary.


The NCBs are staffed solely by their own countries' police officers or government officials who always operate within the limits set by their own laws. The NCBs' activities can be summarised as follows:  they collect documents and criminal intelligence which have a direct bearing on international police co-operation from sources in their own countries, and pass this material on to the other NCBs and the General Secretariat;  they ensure that police action or operations requested by another country's NCB are carried out on their territory;  they receive requests for information, checks, etc, from other NCBs and reply to such requests;  they transmit requests for international co-operation made by their own courts or police departments to the NCBs of other countries;  the Heads of NCBs attend INTERPOL General Assembly sessions as members of their countries' delegations, and subsequently ensure that the Assembly's resolutions are implemented.


The NCBs communicate directly among themselves. However, they keep the General Secretariat informed of their investigations so that the latter can perform its task of centralising information and co-ordinating co-operation.


6. Advisors For assistance on specific matters, INTERPOL can consult Advisers appointed by the Executive Committee. These Advisers serve for three years and are highly qualified experts with worldwide reputations in fields of interest to the Organisation.   


7. Standing Committee on Information Technology (SCIT) The Standing Committee is composed of technical experts representing a certain number of NCBs. It meets twice a year to give expert opinions and advice to the Executive Committee on any new technology being considered for the Organisation.


               


 


Besides  Interpol, another international organization which plays an important role in international cooperation on combating international crime  is the United Nations Organization.


Among main bodies a UN to questions of the prevention of criminality and struggle from it(her) attend: general Assembly, ECOSOC, Secretary a UN and number of the specialized establishments a UN.


The UN General Assembly considers the reports of the UN General Secretary on major problems of international cooperation under the prevention  of crime and struggle against it.


These problems also considered by the number of committees of General Assembly: main committees [Third and Sixth], Committee on the prevention of crime and struggle against it, special committees and commissions: special committee on international terrorism, and the number of workgroups.


Economic and Social Council (ECOSOC) - the UN main organ, which defines practical problems of organization of international cooperation by the preventing the international crime and cmbating with it. ECOSOC is authorized to make the reports on struggle against crime and to make the recommendations in this area to the UN General Assembly in order to prepare the projects of the conventions and to convoke international conferences on struggle against criminality.


UN congress on the  preventing the crime and handling with the offenders - the specialized conference a UN, was established in  1950. The sessions of this Congress are conducted once per 5 years.


The participants of the Congress are the representatives of the states, of the specialized establishments a UN and its bodies.


The members of delegations from the states can be the representatives from ministries, law-enforcement agencies, scientists,  experts and advisers.


To the competence of a Congress concerns: determination of main directions of cooperation of the states under the prevention of criminality, development of the programs and recommendations for the solving this problem, assistance to communications exchange and coordination of cooperation of the states in the UN on the preventing and struggle against distribution of criminality, determination of main principles of cooperation in this area.


Other body, to which the organization and coordination of cooperation of the states in struggle against criminality is assigned, is the constantly acting UN Committee  on preventing  of criminality and struggle against it. It consists of 27 experts acting in personal quality,  appointed by ECOSOC. The sessions of the committee are conducted once per 2 years. The participants of sessions of this  Committee are the representatives of UN special establishments engaged with problems of criminality, interdepartmental (Interpol) and international government agencies (International association of the international law, International association of the lawyers - democrats etc.).


           The specialized establishments a UN - UNESCO, ILO, ICAO, WHO also concern the questions of struggle and prevention of crime and as agreed with ECOSOC introduce the proposals to the appropriate bodies of the  UN.


           Among bodies a UN occupied with questions of struggle against criminality, the special place occupies « The Institute of the national correspondents ». It  is  the body of the special competence created in  1950 and consists of the representatives of the states and have high qualification in the field of the national jurisdiction.


The correspondents inform in bodies  of the UN, on practical measures methods of struggle and prevention of criminality, which are carried out in countries, represented by them,, and also inform the appropriate bodies of the countries on main directions of struggle against criminality in the international scale.


Prospects in combating against crime and strenghtening law and order for maintenance of economic and cultural development.

    


In a history of each state the transition to new social quality, always passed on a background of criminality. And the growth of criminality is not only serious obstacle in a way of reforms, but in certain circumstances bears direct threat to achievement of the purposes, scheduled in transitive period.


Together with the further development of economy and transition to the new level in various spheres of civil society andstatehood, there is a change and development of various kinds of criminality, as there appears new patterns of ownership, business and other changes accompanying the process of transition to the market economy.


In this plan it is necessary to note that alongside with change and increasement  of separate kinds of crimes occur new, up to the present moment unknown to our country kinds of a crime.


However, as was already marked above on background of common decrease of criminality the number of separate crimes, and particularly smuggling (mainly weapon and narcotic means) grows.


It would be worth upon creation of a state programme on struggle against criminality and preventing it to include in this programme items on the conclusion of the intergovernmental and interdepartmental agreements on struggle against  smuggling.


It is necessary to indicate one more aspect of  smuggling making it in modern conditions as a dangerous crime of international character, frequently closed with other dangerous encroachments to the financial system of the states. In a 1976 in India was arrested Chando Nakhat. By creating the ramified network of the agents, using the blank forms of the documents of Reserve Bank of India he transferred the large sums of the public funds in a foreign currency to the banks of USA, Switzerland, Hongkong.


In these banks the money had been converted to gold which then secretly was imported into India, where it was sold of Indian currency and bringing superprofits and loosening a national economy.


It is obvious, that the modern updates of smuggling and crimes, connected to it are not limited. The criminals armed by such craft, can be involved as well in such financial crimes as legalization of the criminal incomes and counterfeiting.


As well in some interstate agreements and agreements the necessity of cooperation and on the given kind of crimes was determined.


Other factor of a rarity of this kind of a crime, on my sight, is uncompletely developed market economy with its elements, where carried out the free movement of capital, including importation both exportation national and foreign currency from the foreign states.


At present it is the «positive» factor constraining growth of «washing up» of money, however in the near future, after achieving  the certain stages of development it can become quite serious problem.


Study of experience of foreign countries (first of all such countries with the advanced market economy as  USA, Great Britain, France, Germany) in struggle against legalization of the illegal incomes and prevention of the given kind of crimes.


Conclusion of the intergovernmental agreements about mutual cooperation in the field of struggle against illegal financial transactions, including legalization of the criminal (illegal) incomes.


Within the framework of cooperation to provide mutual informationexchange, which can promote prevention, revealing, suppression and disclosing of financial transactions connected to legalization of the incomes, received illegally namely the following:


The information of legal character,  particularly about the national legislation aimed against illegal financial transactions, and financial transactions connected to legalization of the incomes, received by an illegal way, sanctions stipulated for such infringements;

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