Nurullaiev I. International legal cooperation in the fight against crime (modern features and main trends).

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U100955

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

09-04-2021

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The dissertation research provides a theoretical generalization and new solution to the scientific problem: the disclosure of the formation, concept and essence of international legal cooperation in the fight against crime, its current features and major trends. The origin of international legal cooperation in the fight against crime is studied. The factors and conditions of the emergence of international legal cooperation in the fight against crime are described; the main stages of formation of international legal cooperation in the fight against crime are identified. The main stages of formation of international legal cooperation in the fight against crime as a direction of international legal cooperation are studied. Peculiarities of consolidating the forms and directions of international cooperation in the fight against crime have been identified. It is established that at the present stage cooperation in the fight against crime is developing at three levels: on a bilateral basis, which was one of the first historical forms, but at the present stage does not lose relevance; regional cooperation, which is due to the community of interests and the nature of relations between the countries of a particular region; and at the universal level. The interrelation of new tendencies of development of the world community, global challenges of the present and intensification of international legal cooperation in the fight against crime in the XX–XXI centuries is revealed. The main problems and international cooperation in the conditions of globalization in nature and content are highlighted. The main conventions that provide directions, forms and instruments of international cooperation in the fight against crime are analyzed. The main directions of international legal cooperation in the fight against crime are identified. It is established that international legal cooperation in the fight against crime emerged from the adopted international treaties (and their implementation) on certain types of dangerous (internationally dangerous) crimes. The system of sources of public international law regulating the issues of international cooperation in the fight against crime is described. Scientific approaches to the systematization of the principles of international legal cooperation according to various criteria are highlighted. International criminal law as the main legal component of international cooperation in the fight against crime is analyzed. The concept and features of international legal cooperation in the fight against crime in the context of globalization are defined. An analysis of the legal nature and characteristics of the subjects of international legal cooperation in the fight against crime; the analysis of the content and features of qualification of the concepts «international crime», «crime of international character» and «transnational crime» is carried out. Basic doctrinal approaches to the characteristics of forms of international cooperation in the fight against crime are identified. An analysis of organizational and legal forms of international legal cooperation in the fight against crime is accomplished. Theoretical substantiation of universalization as a key trend of international legal cooperation in the fight against crime is provided and the analysis of the impact of general processes of fragmentation of international law on the practice of regulating international legal cooperation in the fight against crime is carried out. The general features and current problems of implementation of international agreements on combating crime in Ukraine are outlined.

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