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Head of MIA Rashid Nurgaliev sums up the investigation- and- service activity of MIA subdivisions for the year of 2003
Head of MIA Rashid Nurgaliev stated during the summing up of investigation- and - service activity of MIA subdivisions for the year of 2003, that in Russia positive tendencies in crime control take shape. As he said last year there was a "significant spurt" in the area of struggle with organized crime. "In particular", -stated R. Nurgaliev, "117 crimes qualified in accordance with article 210 of Criminal Code of the Russian Federation (organization of criminal communities) were found, and more than 11 thousand crimes committed in organized group were detected." Temporally Acting Head of MIA stressed that in comparison with 2002 the number of detected crimes committed by organized group has increased significantly (in the Far-Eastern federal district by 29, 5%, in the North- Western federal district by 27%, in the Central federal district by 24,4%, in the Southern federal district by 23%).
According to the statement of R. Nurgaliev 25,6 thousand crimes against government and state service were found in the area of corruption combating in 2003, which is by 3,7% more than in 2002; more than 7 thousand facts of bribery; more than 370 thousand crimes in the sphere of economy. Besides that the activity of measures taken with regard to decriminalization of major branches of economy, such as consumers market, credit and finance sphere, increased. The amount of detected serious frauds and severe frauds with regard to property rose by 6%; the number of detected acts of smuggling grew by 16% (2,5 thousand).
R. Nurgaliev also pointed to the fact that in 2003 a special focus was given to decriminalization of intellectual property sphere where about 500 surreptitious plants were liquidated, and criminal cases were initiated against 3,5 thousand of their organizers.
"Despite the fact that subdivisions dealing with tax-related crimes exist in the system of MIA for a short time they already successfully solve all the problems set before them",- said R. Nurgaliev noting that the units found 2,5 thousand frauds, 63% of which are serious and severe; the stet budget got back more than 2, 3 billion rubles which is almost 1,5 times more than it was in 2002.
The final board of MIA joined Deputy Head of Administration of RF President Viktor Ivanov, heads of law machinery, representatives of RF Federal Assembly, Minister of Defense Sergey Ivanov, Head of Federal Security Service Nikolay Patrushev and RF General Prosecutor Vladimir Ustinov.
M. Vanin: State Committee for Customs plans to double transfer to the budget by 2008 up to 1,5 trillion rubles
State Committee for Customs of the Russian Federation (SCC) plans to double transfer to the budget by 2008 up to 1,5 trillion rubles. RF SSC Chairman Michail Vanin reported this at the 3rd All-Russia Meeting of Heads of Russian Customs Authorities. According to this information, replenishment of budget credit remains the most important task of customs service under conditions of enforcement of the new RF Tax Code. In 2003 SCC transferred to the budget more than 757 billion rubles ( in 2002- 588 billion rubles). M. Vanin stressed that payments with regard to both import and export grew dramatically. If in 2002 the budget received 12,5 billion dollars of custom dues from import operations and 6,2 billion dollars - from export ones, in 2003 the indices amounted to 15,2 and 9, 7 billion dollars respectively. M. Vanin emphasized that the total growth of payments was achieved mainly due to improvement of quality of customs administration, which is partly proved by significant excess of payments with regard to import is compared with the sums collected from export operations. Also SCC Chairman mentioned, that election of the Russian Federation Vice-President of Council of World Customs Organization and Coordinator of European region including 49 countries in June 2003 proves the substantial achievements of customs service of Russia as well as growth of its international authority.
Israeli law about struggle with organized criminal groups
Israeli Parliament, Knesseth, approved in the 3rd reading the law about struggle with organized criminal groups on 9 June 2003.
Law machinery have been discussing the necessity of such law for a long time. The point is that police and prosecutor's officers stated that they knew the most of leaders of all organized criminal groups, but it occurred to be practically impossible to institute criminal proceedings against them due to lack of proper legal basis. In other words, there was no Israeli law establishing criminal liability for participation in an organized criminal group.
And at last the law is adopted. Let us consider its major provisions.
Article 1 defines the notion of organized criminal group. This is a group of people, either joint or otherwise, acting in an organized manner, systematically and for a long term in order to commit grave offences (the case in point is crimes punished by means of imprisonment for the term exceeding 3 years in accordance with Israeli criminal law).
It does not matter for the above definition:
- whether the members of the organized criminal group personally know other members of the group;
- whether the organized criminal group has a permanent or varying composition;
- whether the grave offences are being committed or shall be committed in Israel or beyond its borders;
- whether the organized criminal group is also involved in legal activity.
As it is clear from the definition we may surely suppose that there is no organized criminal group in Israel which would not be covered by such a broad wording.
Article 2 establishes who is subject to criminal liability and what kind of activity is considered criminal in accordance with the law.
So, in accordance with Article 2 (aleph), 2 (aleph) (1) and 2 (aleph) (2) the person who, directly or indirectly, heads, manages, organizes, administrates, controls the activity of an organized criminal grouping, as well as the person who, directly or indirectly, finances the activity of an organized criminal grouping or receives financing for activity thereof, as well as the person who deals with the matters of distribution of financial means in the organized criminal group, and all the above is made in order to promote the activity of the group, is punished by imprisonment up to 10 years.
In accordance with Article 2 (bet) the person who renders consultancy services to an organized criminal group in order to promote the activity of the group, is punished by imprisonment up to 10 years.
In accordance with Article 2 (himel) if the activity of an organized criminal group included grave offences penalty for which exceeds 20 years of imprisonment (for example, forethought murder), in this case the persons subject to criminal liability in accordance with Article 2 (aleph), 2 (aleph) (1), 2 (aleph) (2) and 2 (bet) shall be punished by imprisonment up to 20 years (instead of 10 years as it stipulated in the above articles).
We should also pay attention to Article 3 of the law. Here the matter concerns the fact that committing of crimes within an organized criminal group (apart from violation of articles hereof) is an aggravating circumstance. Thus the person who committed a crime within his or her activity in the organized criminal group, is subject to double penalty for it but the term of imprisonment shall not exceed 25 years.
For example, if a head of an organized criminal grouping within his of her activity in organized criminal grouping got someone to take part in prostitution, then he or she is subject to imprisonment up to 14 years instead of 7 years expected in accordance with Israeli criminal law.
Also the law establishes criminal liability of state employees assisting criminal groups. In Article 4 it is envisaged that a state employee abusing his or her position or authorities in order to promote the activity of an organized criminal grouped shall be punished by imprisonment up to 10 years.
The law also envisages property confiscation.
Article 5 establishes that is a person is returned guilty under Articles 2, 3, or 4 the court shall decide that in addition to the pronounced judgement, property shall be confiscated, which:
- bears relation to the crime and belongs to the guilty, including his or her bank accounts;
- does not bear relation to the crime but constitutes property of the guilty and is equal to the property which bears relation to the crime.
The material is provided by Marato Dorfman
The 2nd International Conference "World Community against Globalization of Crime and Terrorism"
The 2nd International Conference "World Community against Globalization of Crime and Terrorism" took place in Moscow on 20-21 January 2004. Its organizers are Worldwide Anti-criminal and Anti-terrorism Forum, National Anti-criminal and Anti-terrorism Fund and State Duma Committee on Security.
This is the second conference on the problem, the first one was held in October 2001. The conference is the next step of the Forum in development of matters connected with struggle with crime and terrorism.
In total more than 200 experts from 15 countries of the world participated in the conference; more than 85 reports were made. A particular feature of the conference, just like of the first one, lies in the fact that the problems are considered not only from the point of view of special service officers. Wide range of experts is involved: politicians, members of the Parliament, representatives of authoritative non-governmental and public organizations, business and finance quarters, workers of culture and mass media.
In order to study the problem more profoundly and to find constructive answers to "hot" questions, the participants joined according to their interests: sections "Politics", "Law", "Modern Technologies", "Economy", "Psychology and Mass Media" were open.
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