Criminalization of transnational actions under the UN Convention against transnational organized crime 2000
DOI:
https://doi.org/10.31548/law2019.03.020Abstract
The article deals with the criminalization of transnational criminal acts, which is required by international legal acts, primarily the United Nations Convention against Transnational Organized Crime of November 15, 2000 and its Protocols. Transnational crime, which ignores state borders and all norms of international law, is of particular concern throughout the world. The struggle against it is impossible by the forces of even large countries and requires the joint efforts of the majority of states. The article notes that the majority of transnational crimes are international (transnational) in nature, the criminal law prohibition of such crimes is defined in national legislation, which determines the main difficulty of cooperation in combating them. Transnational crimes (terrorism, nuclear terrorism, bombing terrorism, hostage taking, drug business, human trafficking, corruption, money laundering, cybercrime, sea piracy, aircraft seizure, ecocide, illicit manufacturing and trafficking in firearms, etc.) a group of especially dangerous, guilty, harmful crimes, for which harsh penalties are envisaged, however, there are disagreements in national legislation regarding their criminalization, predeniya concepts penalties extradition individual structural elements et al., which complicates the development of cooperation and interaction. The definition of the concept of criminalization and penalization is given. Criminalization is defined as a process that covers the result of the recognition of certain types of acts criminal and criminal, an element of which is penalization (the definition of criminal punishment for acts already recognized as crimes), as well as the differentiation of criminal responsibility.
The author pays special attention to the concept of transnational crime, international legal criminalization of certain types of transnational crimes defined by the UN Convention against Transnational Organized Crime in 2000 (participation in a criminal organized group, laundering of proceeds of crime, corruption, obstruction of justice) and other international legal acts.
Author comes to the conclusion that the criminalization of transnational crimes, which include numerous conventional crimes, takes place on the basis of international and regional conventions through the adoption by States of mandatory or strongly recommended standards for the criminalization of transnationally-dangerous acts.
Among the international legal acts concerning the criminalization of transnational criminal activities, the UN Convention against Transnational Organized Crime, 2000, which identifies especially dangerous crimes requiring criminalization, such as participation in an organized criminal group, money laundering from criminal activities, is important, corruption, obstruction of the administration of justice.
Keywords: transnational crime, convention, criminalization, penalization, criminality, punishment
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