Cooperation in Countering Corruption as a Condition for National Security: International Legal Framework

V. Drozd, Y. Chornous, L. Havryliuk
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引用次数: 1

Abstract

Effective detection, investigation and prevention of transnational corruption-related crimes depends directly on depends on a coordinated and clearly regulated procedure for interaction between the authorized bodies of foreign States. This is the implementation of a system of organizational measures and procedural actions defined by criminal procedure legislation and international treaties as their integral part. The study reveals that the system of actions counteracting these crimes in the course of cooperation at international level takes forms provided by law. These are international legal assistance; extradition of a criminal suspect; transfer of criminal proceedings; transfer of persons sentenced to States of their nationality or permanent residence in order to serve his/her sentence; international search; exchange of information. International engagement in these forms is subject to strict observance of all human rights, and in particular of the citizens of own State, in the course of criminal procedure in a foreign State. The focus is on new promising forms of international cooperation against corruption-related offences: covert investigations and investigations of international joint investigation teams. It is emphasized that measures cooperation at international level in detecting, investigating and preventing corruption-related crimes are systematically implemented, comprehensive and aimed at achieving the common objective of identifying, detecting and investigating corruption-related criminal offences, ensuring the judicial consideration of the case, as well as creating conditions for the subsequent implementation of preventive activities, that is, eliminating the causes and conditions that have facilitated the commission of crimes. The effective action against corruption-related crimes requires implementation at the State, regional levels, as well as globally, with the participation of State authorities and law enforcement agencies, international and voluntary organizations, citizens and their
作为国家安全条件的反腐败合作:国际法律框架
有效地侦查、调查和预防与跨国腐败有关的犯罪直接取决于外国授权机构之间相互作用的协调和明确规定的程序。这是执行由刑事诉讼立法和国际条约确定为其组成部分的组织措施和程序行动系统。研究表明,在国际层面的合作过程中,对抗这些犯罪的行动制度是由法律规定的形式。这些是国际法律援助;引渡犯罪嫌疑人;移交刑事诉讼;将被判刑的人移交其国籍国或永久居住国服刑;国际搜索;交换信息。这些形式的国际参与必须在外国刑事诉讼过程中严格遵守所有人权,特别是本国公民的人权。重点是打击与腐败有关的罪行的新的有希望的国际合作形式:秘密调查和国际联合调查小组的调查。强调在国际一级侦查、调查和预防与腐败有关的犯罪方面的合作措施得到系统、全面的执行,旨在实现查明、侦查和调查与腐败有关的刑事犯罪的共同目标,确保对案件进行司法审议,并为随后开展预防活动创造条件,即:消除助长犯罪的原因和条件。打击与腐败有关的犯罪的有效行动需要在国家、区域和全球各级实施,国家当局和执法机构、国际和自愿组织、公民及其家属的参与
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