The legal basis of the international legal cooperation of the Republic of Uzbekistan in fighting against crimes under international law: in the example of the “legalization of incomes gained by criminal activities”

The legal basis of the Republic of Uzbekistan in fighting against crimes under international law, especially fighting against the legalization of incomes obtained from criminal activities is considered in this work.

Keywords: “international legal cooperation”, “crimes under international law”, “transnational crimes”, “conventional crimes”, “legal basis”, “legalization of incomes gained by criminal activities”.

The Republic of Uzbekistan aimed building civil society and providing strong guarantees for human rights and freedoms from the first days of the independence. As a result as mentioned in the concept “Further deepening the democratic reforms and development of the civil society in the country” declared by the President of the Republic of Uzbekistan I.A.Karimov in 12^th November 2010, one of the most prior directions of the democratic renewals in the country is priority of law and strengthening the legality; step by step democratization and liberalization of court-legal system which provides the protection of human rights and freedoms [1, p. 15-16].

Criminality is one of the factors negatively affecting the development of any society and state, which obstacles realising the future goals. In nowadays globalization period some kinds of crimes are passing the borders of one country and holding transnational character. One of these crimes is legalization of incomes obtained by criminal activities.

Legalization of incomes obtained by criminal activities is mentioned as transnational or conventional crime [2, p. 526].

The necessity of international-legal cooperation in fighting against legalization of incomes gained by criminal activities is caused by the borderlessness of this crime. Criminal-processual activities of the state governance is limited by the state borders. And sometimes carrying out the justice requires taking some actions of criminal-legal character in the territory of other countries. But the principle of souveregnity excludes the possiblity of taking any actions directly in the territory of other countries, including the actions of criminal-legal character. The only possiblity of holding processual actions is enquiring assistanship from the other country which requires the absence of international-legal cooperation.

Legal literatures usually recognize the cooperation of countries in the sphere of criminal cases in the following ways:

1. bilateral cooperation;

2. regional cooperation;

3. universal cooperation as an aspect of many-sized international instruments [3, p.233].

The Republic of Uzbekistan is taking part in more than 20 bilateral international-legal instruments which holds back the legal basis of the bilateral international-legal cooperation of the Republic of Uzbekstan in fighting against crimes under international law, including the legalization of incomes gained by criminal activities. The followings may be cited as bilateral international-legal instruments in which the Republic of Uzbekistan is participating:

1. Agreement between the Government of the Republic of Uzbekistan and the Government of the Federative Republic of Austria on cooperation in security and fighting against crimes (signed in 02/11/2001, Tashkent).

2. Agreement between the Government of the Republic of Uzbekistan and the Government of the Republic of Lithuania on cooperation in fighting against crimes (signed in 18/02/2002, Tashkent);

3. Agreement between the Ministry of internal affairs of the Republic of Uzbekistan and Federal service of Russian federation on supervising drug circulation on cooperation in fighting against illegal circulation of drugs, psychotropic substances and supervising precursors’ (signed in 14/11/2005, Moscow).

International cooperation with international organizations plays a significant role in improving the mechanism of fighting against transnational crimes. Legal documents accepted by international organizations such as UNO, EU, Shanghai Cooperation Organization, CIS, OSCE are the most considerable ones in fighting against transnational crimes.

Among these international organizations Shanghai Cooperation Organization plays important role for international-legal cooperation of the Republic of Uzbekistan. Tashkent summit of Shanghai Cooperation Organization may be cited as one of these important issues. Signing the Declaration on mutual cooperation in April 2010 by UNO Secretary and Shanghai Cooperation Organization is mentioned as increasing effectivity of Shanghai Cooperation Organization in world geopolitical map by the President of the Republic of Uzbekistan[4].

In addition to these universal international organizations there are some international organizations directly dealing with fighting against crimes under international law such as Interpol and “World-check” Organization. The activity of Interpol effects the mechanism of fighting against transnational crimes in many aspects. International-legal cooperation in fighting against legalization of incomes gained by criminal activities with specialized organizations will follow to positive results as well. “World-check” Organization is one of those specific organizations specialized in discovering the crimes involving legalization of incomes gained by criminal activities.

The CIS Agreement on mutual cooperation in fighting against crimes is one of the most important ones among the international instruments signed by the states located in the territory of former Soviet Union. The Agreement was signed in Moscow and directed to improving the mechanism of mutual cooperation in fighting against organized crimes; warning and removing crimes against humanity, peace, heal and rights of citizen.

Besides the international instruments signed by the Republic of Uzbekistan as mentioned above the Republic of Uzbekistan has passed a law “Fighting against legalization of incomes gained by criminal activities and financing terrorism” in 26/08/2004, which plays great role in regulating relations in fighting against legalization of incomes gained by criminal activities in the territory under the jurisdiction of the Republic of Uzbekistan.

Moreover, the Republic of Uzbekistan has passed more than 40 laws and local acts dealing with fighting against legalization of incomes gained by criminal activities and preventing financing terrorism.

For the sake of the productivity of the international legal cooperation with governmental bodies’ of foreign countries in fighting against international terrorism, drug trafficking and transnational and conventional crimes and the proper execution of responsibilities of the Republic of Uzbekistan under international instruments by all ministries and corresponding bodies in the country Order #26 of the General Prosecutor of the Republic of Uzbekistan was passed in 22/06/2004. The Order is named “Further improvement of prosecutor supervision on the execution of laws in international-legal relations” and reflexes the legal basis of international legal cooperation of the Republic of Uzbekistan in fighting against crimes under international law, including the legalization of incomes gained by criminal activities.

There are some general international instruments regulating international-legal cooperation in fighting against organized crimes, especially legalization of incomes gained by criminal activities which are accepted as commonwealth. For example:

1. Convention against Transnational and organized crimes. Adopted due to the Resolution #55/25 of the UNO from 15/11/2000 [5].

2. Strassburg Convention (ETS #141) of EU on defining, withdrawing and confiscating the legalization of incomes gained by criminal activities from 08/11/1990 [2].

As a conclusion should be underlined that international legal cooperation is one of the main factors precautioning and fighting against crimes under international law, including the legalization of incomes gained by criminal activities. The productivity of the resistance to crimes under international law highly related to and depends on the level of the mechanism of the international legal cooperation.

List of the used sources:

1. I.A.Karimov. The concept of “Further deepening the democratic reforms and development of the civil society in the country”. – Tashkent: Uzbekistan.

2. International law and fighting against crimes: collection of instruments // complied by Zmeyevskiy A.V., Kolosov Yu.M., Prokofev N.V. – Moscow: Mejdunarodniye otnoshenie, 2004.

3. Saidov А.Х. International law: textbook. – Tashkent: Adabiyot jamg’armasi, 2001.

4. I.A.Karimov’s speech in the Summit of Shaghai Cooperation Organization in Tashkent. – Tashkent, June 2010. Web site: www.gov.uz/news.

5. Web site: http://www.unodc.org/unodc/en/crime_cicp_signatures.html.