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Basic provisions on the role of lawyers (UN). Guidelines on the role of prosecutors Annex

Tenth UN Congress on the Prevention of Crime and the Treatment of Offenders, its place in the history of congresses

A Brief History of UN Congresses

According to the UN Charter, this organization is entrusted with responsibility for international cooperation on all current issues. One of the main UN bodies, the Economic and Social Council (ECOSOC), is directly involved in issues of cooperation between countries in the fight against crime, within which the Committee of Experts on the Prevention of Crime and the Treatment of Offenders was established in 1950. In 1971 it was transformed into the Crime Prevention and Control Committee, and in 1993 into a higher status body - the Crime Prevention and Criminal Justice Commission.

The commission (committee) presents recommendations and proposals to ECOSOC aimed at more effectively combating crime and humane treatment of offenders. The General Assembly, in addition, entrusted this body with the responsibility of preparing once every five years UN congresses on the prevention of crime and the treatment of offenders.

UN Congresses play a major role in developing international rules, standards and recommendations on crime prevention and criminal justice. To date, 10 congresses have been held, the decisions of which have significantly advanced issues of international cooperation on a reliable scientific and legal basis.

UN Congresses were held: First - Geneva, 1955, Second - London. 1960, Third - Stockholm, 1965, Fourth - Kyoto, 1970, Fifth - Geneva, 1975, Sixth - Caracas, 1980, Seventh - Milan, 1985, Eighth - Havana, 1990 ., Ninth - Cairo, 1995, Tenth - Vienna, April 2000. Important international legal documents were developed at the UN congresses. From a huge list of them, we will name only a few: Standard Minimum Rules for the Treatment of Prisoners, adopted by the First Congress, which were developed in a resolution of the General Assembly in 1990 and in its annex, where the basic principles for the treatment of prisoners were formulated;

the Code of Conduct for Law Enforcement Officials, which was considered by the Fifth Congress and, after further modification, was adopted by the General Assembly in 1979;

The Declaration on the Protection of All Persons from Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was discussed at the Fifth Congress and, on its recommendation, was adopted by the General Assembly in 1975.

The sixth through ninth congresses were especially productive. The Sixth Congress adopted the Caracas Declaration, which stated that the success of the criminal justice system and crime prevention strategies, especially in the face of the rise of new and unusual forms of criminal behavior, depends primarily on progress in improving social conditions and improving the quality of life. The congress adopted about 20 resolutions and other decisions related to crime prevention strategies, prevention of abuse of power, minimum standards of fairness and juvenile justice, guidelines for judicial independence, legal awareness and dissemination of legal knowledge, etc.

The Seventh Congress adopted the Milan Plan of Action, which stated that crime is a serious problem on a national and international scale. It impedes the political, economic, social and cultural development of peoples and threatens human rights, fundamental freedoms, as well as peace, stability and security. The adopted documents recommended that governments give priority to crime prevention, intensify cooperation among themselves on a bilateral and multilateral basis, develop criminological research, pay special attention to the fight against terrorism, drug trafficking, and organized crime, and ensure broad public participation in crime prevention.

Congress adopted more than 25 resolutions, including: the UN Standard Minimum Rules for the Administration of Juvenile Justice (the "Beijing Rules"), the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, Basic Principles on the Independence of the Judiciary, etc. .

The following topics were discussed at the Eighth Congress: crime prevention and criminal justice; criminal justice policy; effective national and international action to combat organized crime and terrorist criminal activities; youth crime prevention, juvenile justice and youth protection; UN norms and guidelines in the field of crime prevention and criminal justice.

The largest number of resolutions was adopted at the congress - 35. To name just a few: international cooperation in the field of crime prevention and criminal justice; UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Principles); crime prevention in the urban environment; prevention of organized crime: combating terrorist activities; corruption in public administration; basic principles for the treatment of prisoners; international and interregional cooperation in the field of prison management and community sanctions.

The Ninth Congress discussed four themes: international cooperation in the field of crime prevention and criminal justice; measures to combat national and transnational economic and organized crime; management and improvement of the work of the police and other law enforcement agencies, the prosecutor's office; ry, courts, correctional institutions; crime prevention strategy. The Congress adopted 11 decisions, including: recommendations on the prevention of crime and the treatment of offenders, the results of the discussion of the draft convention on combating organized crime, as well as on children as victims and perpetrators of crimes, on violence among women, on regulating the circulation of firearms for the purpose of crime prevention and public safety.

Judging by the number of documents adopted, after the Eighth Congress the role of this international institution begins to decline somewhat. It is increasingly shifting to the recommendatory, consultative nature of its activities. A significant part of its functions is transferred to the strengthening Commission on Crime Prevention and Criminal Justice, to ECOSOC and the General Assembly.

In the development of many international documents on issues of crime control and criminal justice, the International Committee for Coordination (ICC), called the Committee of Four, takes an active part, since it covers the work of the International Association of Criminal Law (IACL), the International Society of Criminology (ICE), the International Society of Social Defense (ICDP) and the International Criminal and Penitentiary Fund (ICPF).

New approaches to developing international rules are less expensive and more professional. The indicated trend reveals a policy of a certain pragmatism of the UN, since any recommendations, rules, standards, resolutions and declarations acquire a more significant international legal character when they are adopted by the governing structures of the UN and the General Assembly. Conventions have a special place in the system of international documents.

The shortest and most selective list of issues that were discussed at past congresses shows how important they were in developing optimal and effective approaches for international cooperation and improving national ways of combating crime in connection with its globalization.

The Tenth UN Congress and its significance

The Congress took place from 10 to 17 April 2000 at the UN Vienna International Centre. 138 countries were represented at the congress. The largest delegation is from Austria (45 people). From South Africa - 37, from Japan - 29, from the USA - 21, from France - 20 people. Many countries (Burundi, Guinea, Haiti, Mauritania, Nicaragua, etc.) were represented by one participant. The Russian delegation consisted of 24 participants from law enforcement, executive, legislative and scientific institutions, including 5 people from the Permanent Mission of Russia to the UN in Vienna. The delegation was headed by First Deputy Minister of Internal Affairs of the Russian Federation V.I. Kozlov.

The UN Secretariat and associated research institutes were widely represented at the congress: UNAFEI (Asia and Far East), UNICRI (Interregional), ILANUD (Latin America), HEUNI (European), UNAFRI (African Regional), NAASS (Arab Academy), AIC (Australian Institute of Criminology), ISPAC (International Scientific Council), etc., as well as intergovernmental organizations (ASEAN, Council of Europe, European Commission, Europol, etc.), numerous (more than 40) international non-governmental organizations (Amnesty International, International Criminal Law Association, International Society of Criminology, International Society for Social Welfare, International Criminal and Penitentiary Foundation, International Sociological Association, etc.).

370 individual experts were present, including 58 from the USA, 29 from the UK and other countries. There is only one individual expert from Russia, 2-5 each from the CIS and Baltic countries. For example, from Ukraine, with an official delegation of 8 people, there were 5 individual experts.

The following topical issues were brought up for discussion: 1) strengthening the rule of law and strengthening the criminal justice system; 2) international cooperation in the fight against transnational crime: new challenges in the 21st century; 3) effective crime prevention: keeping up with the latest developments; 4) offenders and victims: responsibility and fairness in the justice process.

At the plenary session, after the opening of the congress and the resolution of organizational issues, an overview of the situation in the world in the field of crime and criminal justice was presented, and from April 12 until the end of the congress, the topic was actively discussed at the plenary session: “International cooperation in the fight against transnational crime: new challenges in the 21st century." Moreover, on April 14-15, this discussion was held within the framework of the “high-level segment,” where the heads of government delegations made national reports. The discussion ended with the adoption of the Vienna Declaration on Crime and Justice: A Response to the Challenges of the 21st Century.

Along with the plenary session, work was carried out in two committees. The First Committee discussed the topics “Strengthening the rule of law and strengthening the criminal justice system”, “Effective crime prevention: keeping up with the latest developments”, “Offenders and victims: responsibility and fairness in the administration of justice”. The Second Committee held workshops on anti-corruption, public participation in crime prevention, women in the criminal justice system (female offender, female victim, female criminal justice officer), crimes involving the use of computer networks.

All topics of discussion were closely related to solving the main problem of international cooperation - the fight against transnational and national criminal challenges of the new century. Because of this, the important results of all discussions were reflected in one way or another in the declaration on crime and justice.

Traditionally, on the last day of the congress, its report was approved. But unlike previous UN forums, not a single resolution was considered at the Tenth Congress. Only one declaration was discussed and adopted, but it was a very important one. At the turn of the century, it determines the strategy for combating transnational crime. Its draft was discussed throughout the congress and not only at the plenary session and committees, but also in the process of informal consultations of leaders and members of national delegations.

Due to the enormous global significance, scope and brevity of the Vienna Declaration, it is advisable not to retell its provisions, but to quote them in full.

Vienna Declaration on Crime and Justice: Meeting the Challenges of the 21st Century.

We, the Member States of the United Nations,

Concerned about the impact on our society resulting from the commission of serious crimes of a global nature, and convinced of the need for bilateral, regional and international cooperation in the area of crime prevention and criminal justice,

Particularly concerned about transnational organized crime and the interconnections between its various types,

Convinced that adequate prevention and rehabilitation programs are fundamental to an effective crime control strategy and that such programs must take into account the socio-economic factors that may make people more vulnerable to criminal acts and more likely to commit such acts,

Emphasizing that a fair, accountable, ethical and effective criminal justice system is an important factor in promoting economic and social development and human security,

Recognizing the potential of restorative justice approaches to reduce crime and promote healing for victims, offenders and healthy communities,

Having met at the Tenth United Nations Congress on the Prevention of Crime 11 the Treatment of Offenders in Vienna from 10 to 17 April 2000 to decide on more effective concerted action in a spirit of cooperation to address the world crime problem,

We declare the following:

1.We note with appreciation the results of the regional preparatory meetings for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.

2.We reaffirm the goals of the United Nations in the fields of crime prevention and criminal justice, especially the reduction of crime, the more effective and efficient administration of the rule of law and the administration of justice, respect for human rights and fundamental freedoms and the promotion of the highest standards of justice, humanity and professional conduct.

3.We emphasize the responsibility of each state to establish and maintain a fair, responsible, ethical and effective criminal justice system.

4.We recognize the need for closer coordination and cooperation among States in addressing the global crime problem, recognizing that combating it is a common and shared responsibility. In this regard, we recognize the need to enhance and facilitate technical cooperation activities to assist States in their efforts to strengthen their domestic criminal justice systems and their international cooperation capabilities.

5.We attach high priority to completing negotiations on the United Nations Convention against Transnational Organized Crime and its protocols, taking into account the interests of all States.

6.We support efforts to assist States in building capacity, including training and technical assistance, and in developing legislation and regulations, as well as expertise, to facilitate the implementation of the Convention and its Protocols.

7. Taking into account the objectives of the Convention and its protocols, we strive to:

(a) Incorporate a crime prevention component into national and international development strategies;

(b) Strengthen bilateral and multilateral cooperation, including technical cooperation, in the areas covered by the Convention and its protocols;

(d) Strengthen the capacity of the Center for International Crime Prevention, as well as the United Nations Crime Prevention and Criminal Justice Program network, to assist States, upon request, in building capacity in the areas covered by the Convention and its Protocols.

8. We welcome the efforts being made by the Center for International Crime Prevention to undertake, in collaboration with the United Nations Interregional Crime and Justice Research Institute, a comprehensive global survey of organized crime to provide a reference base and assist Governments in developing policies and programs.

9. We reaffirm our continued support and commitment to the United Nations and the United Nations Crime Prevention and Criminal Justice Programme, especially the Commission on Crime Prevention and Criminal Justice and the Center for International Crime Prevention, the United Nations Interregional Research Institute on crime and justice and the institutions of the Program network, as well as a determination to further strengthen the Program by ensuring appropriately sustainable funding.

10. We commit to strengthening international cooperation to create an environment conducive to the fight against organized crime, growth and sustainable development, and the eradication of poverty and unemployment.

11. We commit to taking into account and addressing the differential impact of programs and policies on men and women, respectively, through the United Nations Crime Prevention and Criminal Justice Program and national crime prevention and criminal justice strategies.

12. We also commit to developing action-oriented policy recommendations that take into account the special needs of women as criminal justice practitioners, victims, prisoners and offenders.

13. We emphasize that effective action in the field of crime prevention and criminal justice requires the participation as partners and actors of Governments, national, regional, interregional and international institutions, intergovernmental and non-governmental organizations and various segments of civil society, including the media and private sector, and recognition of their respective roles and contributions.

14. We commit to develop more effective ways of mutual cooperation to eradicate the heinous phenomenon of trafficking in persons, especially women and children, and the smuggling of migrants. We will also consider supporting the global program against trafficking in persons developed by the Center for International Crime Prevention and the United Nations Interregional Crime and Justice Research Institute, subject to close consultation with States and review of the matter by the Commission on Crime Prevention and criminal justice, and we identify 2005 as the year to achieve a significant reduction in the number of such crimes worldwide and, if this goal is not achieved, to assess the actual implementation of the recommended measures.

15. We also commit to strengthening international cooperation and mutual legal assistance to curb the illicit manufacture of and trafficking in firearms, their parts and components, and ammunition, and we target 2005 as the year to achieve a significant reduction in such incidents worldwide.

16. We further commit to strengthening international action against corruption, building on the United Nations Declaration against Corruption and Bribery in International Business Transactions, the International Code of Conduct for Public Officials and RELEVANT regional conventions, as well as building on the work of regional and global forums . We stress the urgent need to develop an effective international legal instrument against corruption, beyond the United Nations Convention against Transnational Organized Crime, and we invite the Commission on Crime Prevention and Criminal Justice to request the Secretary-General to submit a thorough review to the Commission at its tenth session, in consultation with States and analysis of all relevant international instruments and recommendations as part of the preparatory work for the development of such an instrument. We will consider supporting the global anti-corruption program developed by the Center for International Crime Prevention and the United Nations Interregional Crime and Justice Research Institute, subject to close consultation with States and review by the Commission on Crime Prevention and Criminal Justice.

17. We reaffirm that the fight against money laundering and economic crime is an essential element of strategies against organized crime, as enshrined as a principle in the Naples Political Declaration and the Global Plan of Action against Transnational Organized Crime. We are convinced that the key to success in this fight lies in establishing broad regimes and agreeing on appropriate mechanisms to combat the laundering of the proceeds of crime, including supporting initiatives aimed at States and territories that offer offshore financial services that enable the laundering of the proceeds of crime.

18. We resolve to develop action-oriented policy recommendations to prevent and combat computer-related crime, and we invite the Commission on Crime Prevention and Criminal Justice to begin work in this regard, taking into account the work that is conducted in other forums. We are also committed to working to strengthen our ability to prevent, investigate and prosecute technology- and computer-related crimes.

19. We note that acts of violence and terrorism remain of grave concern. Within the framework of the Charter of the United Nations and taking into account all relevant resolutions of the General Assembly, and in conjunction with our other efforts to prevent and combat terrorism, we intend to jointly take effective, decisive and immediate action to prevent criminal activities carried out in furtherance of terrorism in all its forms and manifestations, and to combat such activities. To this end, we undertake to make every possible effort to promote universal adherence to international instruments related to the fight against terrorism.

20. We also note that racial discrimination, xenophobia and related forms of intolerance persist, and we recognize that it is important to take steps to include measures to prevent crime related to racism, racial discrimination in international crime prevention policies and norms , xenophobia and related forms of intolerance, and the fight against it.

21. We reaffirm our determination to combat violence arising from intolerance based on ethnicity and commit to making a significant contribution in the areas of crime prevention and criminal justice to the work of the planned World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.

22. We recognize that United Nations crime prevention and criminal justice standards and norms are effective in combating crime. We also recognize the importance of prison reform, ensuring the independence of the judiciary and prosecutorial authorities and compliance with the International Code of Conduct for Public Officials. We will seek, where appropriate, to use and apply United Nations crime prevention and criminal justice standards and norms in national law and practice. We undertake, where appropriate, to review relevant legislation and administrative procedures in order to enable the necessary education and training of relevant officials and to ensure the necessary strengthening of institutions charged with the administration of criminal justice,

23. We also recognize the practical relevance of model treaties for international cooperation in criminal matters as important tools for promoting international cooperation, and we invite the Commission on Crime Prevention and Criminal Justice to encourage the Center for International Crime Prevention to update the compendium to provide the most up-to-date options such model treaties are made available to States that wish to benefit from them.

24. We further recognize with deep concern that juveniles in difficult circumstances are often at risk of becoming delinquents and/or easy targets for involvement in criminal groups, including groups associated with transnational organized crime, and we are committed to addressing countermeasures to prevent this growing phenomenon and include, where necessary, provisions related to juvenile justice in national development plans and international development strategies, and take into account juvenile justice issues in their funding policies for cooperation in development purposes.

25. We recognize that comprehensive crime prevention strategies at the international, national, regional and local levels must address the root causes and risk factors associated with crime and victimization, through appropriate socio-economic, health, education and justice. We urge the development of such strategies, given the proven success of prevention initiatives in many States and our belief that crime can be reduced through the application and sharing of our collective experiences.

26. We are committed to giving priority to curbing the growth and avoiding excessive numbers of detained and pretrial detainees, as appropriate, through the use of credible and effective alternatives to imprisonment.

27. We resolve to adopt, where appropriate, national, regional and international plans of action in support of victims of crime, such as mediation and restorative justice mechanisms, and we set 2002 as the deadline for States to review their relevant practices, strengthen victim assistance and victim rights awareness campaigns, and considering the establishment of victims' funds, in addition to developing and implementing witness protection policies.

28. We call for the development of restorative justice policies, procedures and programs that respect the needs and interests of victims, offenders, communities and all other parties.

29. We invite the Commission on Crime Prevention and Criminal Justice to develop specific measures to implement and follow up on the commitments we have made in this Declaration.

Bibliography

A/CONF.187/4 Rev.3.

A/CONF.187/RPM.1/1 and Corr.l, A/CONF.187/RPM.3/1 and A/CONF.187/RPM.4/1.

General Assembly resolution 51/191, annex.

A/49/748, appendix.

General Assembly resolution 51/59, annex.

V.V. Luneev. professor, Congress participant. Tenth UN Congress on the Prevention of Crime and the Treatment of Offenders, its place in the history of congresses.

BASIC PRINCIPLES,
CONCERNING THE ROLE OF LAWYERS

(Havana, August 27 - September 7, 1990)

Whereas the peoples of the world declare in the Charter of the United Nations, inter alia, their determination to create conditions under which justice can be observed and proclaim as one of their goals the pursuit of international cooperation in ensuring and promoting respect for human rights and fundamental freedoms without distinction of race, gender, language and religion,
Whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all necessary guarantees for the defense of any person accused of committing a crime,
Whereas the International Covenant on Civil and Political Rights also establishes the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law,
Whereas the International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter of the United Nations to promote universal respect for and observance of human rights and freedoms,
Whereas the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person has the right to have the assistance of, to seek and consult legal counsel,
Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, inter alia, that untried prisoners be provided with legal assistance and confidential treatment with a lawyer,
Whereas the Measures Guaranteeing the Protection of the Rights of Those Sentenced to the Death Penalty reaffirms the right of every person suspected or accused of an offense for which the death penalty may be imposed to appropriate legal assistance at all stages of the proceedings, in accordance with Article 14 International Covenant on Civil and Political Rights,
Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power recommends measures that should be taken at the international and national levels to facilitate victims of crime's access to justice and fair treatment, restitution, compensation and assistance,
Whereas, to ensure adequate protection of the human rights and fundamental freedoms to which all people are entitled, whether those rights are economic, social and cultural or civil and political, it is necessary that all people effectively have access to legal services provided by independent professional lawyers,
Whereas professional associations of lawyers have a fundamental role to play in ensuring compliance with professional standards and ethics, in protecting their members from harassment and undue restraint and interference, in providing legal services to all those in need, and in cooperating with governmental and other agencies in furthering the ends of justice, and in defending state interests,
The following Basic Principles concerning the Role of the Legal Profession, formulated to assist Member States in carrying out their task of developing and ensuring the appropriate role of the legal profession, should be respected and taken into account by Governments within the framework of their national law and practice and should be brought to the attention of lawyers as well as others persons such as judges, prosecutors, representatives of executive and legislative bodies and the population at large. These principles also apply, where appropriate, to persons who perform the functions of lawyers without having official status as such.

Access to lawyers and legal services

1. Every person has the right to turn to any lawyer for help to protect and defend his rights and defend him at all stages of criminal proceedings.
2. The Government shall provide effective procedures and flexible mechanisms for effective and equal access to legal counsel for all persons within their territory and subject to their jurisdiction, without distinction of any kind such as discrimination on the basis of race, color, ethnic origin, sex, language, religion, political or other beliefs, national or social origin, property, class, economic or other status.
3. Governments shall ensure that sufficient financial and other means are available to provide legal services to the poor and, where necessary, other disadvantaged persons. Professional bar associations cooperate in organizing and providing services, facilities, and other resources.
4. Governments and legal professional associations shall promote programs to inform people of their rights and responsibilities under the law and the important role of lawyers in protecting their fundamental freedoms. Particular attention should be paid to helping the poor and other disadvantaged people to assert their rights and seek legal assistance when necessary.

Special guarantees in criminal matters

5. Governments shall ensure that the competent authorities promptly inform every person of his right to be assisted by a lawyer of his choice when arrested or detained or charged with a criminal offence.
6. In all cases where the interests of justice so require, every such person without a lawyer shall have the right to the assistance of a lawyer whose experience and competence are appropriate to the nature of the offense appointed for the purpose of providing him with effective legal assistance free of charge if he lacks sufficient funds to pay for a lawyer's services.
7. In addition, Governments shall ensure that all persons arrested or detained, whether charged with a criminal offense or not, are given immediate access to a lawyer and in any case no later than forty-eight hours from the date of arrest or detention.
8. All persons arrested, detained or imprisoned shall be given adequate facilities, time and facilities to be visited by, communicate with and consult with a lawyer without delay, interference or censorship and with complete confidentiality. Such consultations may take place in the presence of law enforcement officials, but without the opportunity to be heard by them.

Qualification and training

9. Governments, professional legal associations and educational institutions shall ensure that lawyers are adequately qualified and trained in professional ideals and moral responsibilities, as well as in human rights and fundamental freedoms as recognized by national and international law.
10. Governments, professional associations of lawyers and educational institutions shall ensure that there is no discrimination, to the detriment of any person, in relation to entering or continuing the professional practice of law on the basis of race, colour, sex, ethnic origin, religion, political or other opinion, or national or social origin. , property, class, economic or other status, except that the requirement that the lawyer must be a citizen of the relevant country is not considered discriminatory.
11. In countries where there are groups, communities and regions whose legal service needs are unmet, particularly where such groups have a distinctive culture, tradition or language or have been victims of discrimination in the past, governments, professional associations of lawyers and educational institutions should take special measures to provide opportunities for candidates from these groups to gain access to the legal profession and to ensure that they receive an education appropriate to the needs of their groups.

Roles and Responsibilities

12. Lawyers, in all circumstances, maintain the honor and dignity inherent in their profession, as responsible employees in the field of administration of justice.
13. In relation to their clients, lawyers perform the following functions:
a) advising clients regarding their legal rights and obligations and the operation of the legal system insofar as it relates to clients' legal rights and obligations;
b) assisting clients by any means available and taking legislative measures to protect them or their interests;
c) providing, if necessary, assistance to clients before courts, tribunals or administrative authorities.
14. In defending the rights of their clients and upholding the interests of justice, lawyers shall promote the protection of human rights and fundamental freedoms as recognized by national and international law, and in all cases act independently and conscientiously in accordance with the law and recognized standards and professional ethics of the lawyer.
15. Lawyers always strictly observe the interests of their clients.

Guarantees regarding performance by lawyers
their responsibilities

16. Governments shall ensure that lawyers:
a) are able to perform all of their professional duties in an environment free from threat, interference, intimidation or undue interference;
b) were able to travel and consult freely with their clients within and outside the country; And
c) have not been subject to prosecution or judicial, administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics, or threats of such prosecution and sanctions.
17. In cases where the safety of lawyers arises as a result of the performance of their functions, the authorities shall provide them with adequate protection.
18. Lawyers do not become identified with their clients or the interests of their clients as a result of the performance of their functions.
19. No court or administrative authority which recognizes the right to counsel shall refuse to recognize the right of a lawyer to represent his client in court unless the lawyer has been denied the right to exercise his professional duties in accordance with national law and practice. and in accordance with these principles.
20. Lawyers enjoy civil and criminal immunity in respect of relevant statements made in good faith, whether in written submissions or oral arguments before a court, or in the performance of their professional duties before a court, tribunal or other legal or administrative body.
21. Competent authorities are required to provide lawyers with sufficient advance access to relevant information, files and documents in their possession or control to enable lawyers to provide effective legal assistance to their clients. Such access should be provided as soon as necessary.
22. Governments shall recognize and ensure the confidential nature of all communications and consultations between lawyers and their clients within the framework of their professional relationships.

Freedom of belief and association

23. Lawyers, like other citizens, have the right to freedom of expression, belief and assembly. In particular, they have the right to take part in public debate on matters relating to law, the administration of justice and the promotion and protection of human rights, and to be members of or to form local, national or international organizations and to take part in their meetings, without being subject to restrictions on their professional activities as a result of their lawful actions or membership in a lawful organization. In exercising these rights, lawyers in their actions are always guided by the law and recognized norms and professional ethics of a lawyer.

Professional legal associations

24. Lawyers have the right to create and be members of independent professional associations that represent their interests, promote their continuing education and training and protect their professional interests. The executive body of professional organizations is elected by its members and performs its functions without outside interference.
25. Professional associations of lawyers cooperate with governments to ensure that all persons have effective and equal access to legal services and that lawyers are able, without undue interference, to advise and assist clients in accordance with the law and recognized professional standards and ethics.

Disciplinary action

26. Lawyers, through their respective authorities or legislative bodies, shall develop codes of professional conduct for lawyers in accordance with national laws and customs and recognized international standards and norms.
27. Allegations or complaints against lawyers acting in their professional capacity shall be dealt with promptly and objectively in accordance with due process. Lawyers have the right to a fair hearing, including the right to assistance of a lawyer of their choice.
28. Disciplinary action against lawyers is reviewed by an impartial disciplinary committee constituted by lawyers, an independent statutory body or a court, and is subject to independent judicial review.
29. All disciplinary action will be determined in accordance with the Code of Professional Conduct and other recognized standards and professional ethics of the legal profession and in light of these Principles.

Adopted by the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders Havana, Cuba, 27 August - 7 September 1990

Pay attention to, that the peoples of the world declare, in particular, their determination to create conditions under which justice can be observed, and proclaim as one of their goals the implementation of international cooperation in ensuring and promoting respect for human rights and fundamental freedoms without distinction of race, sex, language and religion,

pay attention to that the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all necessary guarantees for the protection of any person accused of a crime,

pay attention to that the International Covenant on Civil and Political Rights also establishes the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law,

pay attention to, that the International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter of the United Nations to promote universal respect for and observance of human rights and freedoms,

pay attention to that the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person has the right to have the assistance of, to seek and consult legal counsel,

pay attention to that the Standard Minimum Rules for the Treatment of Prisoners recommend, inter alia, that untried prisoners be provided with legal assistance and confidential treatment with a lawyer,

pay attention to that the Measures Guaranteeing the Protection of the Rights of Those Sentenced to Death reaffirm the right of everyone suspected or accused of an offense for which the death penalty may be imposed to appropriate legal assistance at all stages of the proceedings, in accordance with article 14 of the International Covenant on civil and political rights,

pay attention to that the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power recommends measures that should be taken at the international and national levels to facilitate victims of crime's access to justice and fair treatment, restitution, compensation and assistance,

pay attention to that to ensure adequate protection of the human rights and fundamental freedoms to which all people are entitled, whether those rights are economic, social and cultural or civil and political, it is necessary that all people effectively have access to legal services provided by independent professional lawyers,

pay attention to that professional associations of lawyers have a fundamental role to play in ensuring compliance with professional standards and ethics, in protecting their members from harassment and undue restraint and interference, in providing legal services to all those in need, and in cooperating with governmental and other agencies in furthering the ends of justice and in upholding public interests,

The following Basic Principles concerning the Role of the Legal Profession, formulated to assist Member States in carrying out their task of developing and ensuring the appropriate role of the legal profession, should be respected and taken into account by Governments within the framework of their national law and practice and should be brought to the attention of lawyers as well as others persons such as judges, prosecutors, representatives of executive and legislative bodies and the population at large. These Principles also apply, where appropriate, to persons who perform the functions of lawyers without having official status as such.

Access to lawyers and legal services

1. Every person has the right to turn to any lawyer for help to protect and defend his rights and defend him at all stages of criminal proceedings.

2. The Government shall provide effective procedures and flexible mechanisms for effective and equal access to lawyers for all persons within their territory and subject to their jurisdiction, without distinction of any kind such as discrimination on the basis of race, color, ethnic origin, sex , language, religion, political or other beliefs, national or social origin, property, class, economic or other status.

3. The Government shall ensure that sufficient financial and other means are provided for the provision of legal services to the poor and, where necessary, other disadvantaged persons. Professional bar associations cooperate in organizing and providing services, facilities, and other resources.

4. Governments and legal professional associations shall promote programs to inform people of their rights and responsibilities under the law and the important role of lawyers in protecting their fundamental freedoms. Particular attention should be paid to helping the poor and other disadvantaged people to assert their rights and seek legal assistance when necessary.

Special guarantees in criminal matters

6. In all cases where the interests of justice so require, every such person without a lawyer shall have the right to the assistance of a lawyer whose experience and competence are appropriate to the nature of the offense appointed for the purpose of providing him with effective legal assistance free of charge if he lacks sufficient funds to pay for a lawyer's services.

7. In addition, Governments shall ensure that all persons arrested or detained, whether charged with a criminal offense or not, are given immediate access to a lawyer and in any case no later than forty-eight hours from the date of arrest or detention.

8. All persons arrested, detained or imprisoned shall be given adequate facilities, time and facilities to be visited by, communicate with and consult with a lawyer without delay, interference or censorship and with complete confidentiality. Such consultations may take place in the presence of law enforcement officials, but without the opportunity to be heard by them.

Qualification and training

10. Governments, professional associations of lawyers and educational institutions shall ensure that there is no discrimination, to the detriment of any person, in relation to entering or continuing the professional practice of law on the basis of race, colour, sex, ethnic origin, religion, political or other opinion, or national or social origin. , property, class, economic or other status, except that the requirement that the lawyer must be a citizen of the relevant country is not considered discriminatory.

11. In countries where there are groups, communities or regions whose legal service needs are not being met, particularly where such groups have a distinctive culture, tradition or language or have been victims of discrimination in the past, governments, professional associations of lawyers and educational institutions should take special measures to provide opportunities for candidates from these groups to gain access to the legal profession and to ensure that they receive an education appropriate to the needs of their groups.

Roles and Responsibilities

12. Lawyers, in all circumstances, maintain the honor and dignity inherent in their profession, as responsible employees in the field of administration of justice.

13. In relation to their clients, lawyers perform the following functions:

a) advising clients regarding their legal rights and obligations and the operation of the legal system as it relates to clients' legal rights and obligations;

b) providing assistance to clients by any means available and taking legislative measures to protect them or their interests;

c) providing, if necessary, assistance to clients in courts, tribunals or administrative bodies.

14. In defending the rights of their clients and upholding the interests of justice, lawyers shall promote the protection of human rights and fundamental freedoms as recognized by national and international law, and in all cases act independently and conscientiously in accordance with the law and recognized standards and professional ethics of the lawyer.

15. Lawyers always strictly observe the interests of their clients.

Guarantees regarding the performance of lawyers' duties

16. Governments shall ensure that lawyers: A) are able to perform all of their professional duties in an environment free from threat, interference, intimidation or undue interference; b) were able to travel and consult freely with their clients within and outside the country; And With) have not been subject to prosecution or judicial, administrative, economic or other sanctions for any actions taken in accordance with recognized professional duties, standards and ethics, or threats of such prosecution and sanctions.

17. In cases where the safety of lawyers arises as a result of the performance of their functions, the authorities shall provide them with adequate protection.

18. Lawyers do not become identified with their clients or the interests of their clients as a result of the performance of their functions.

19. No court or administrative authority which recognizes the right to counsel shall refuse to recognize the right of a lawyer to represent his client in court unless the lawyer has been denied the right to exercise his professional duties in accordance with national law and practice. and in accordance with these principles.

20. Lawyers enjoy civil and criminal immunity in respect of relevant statements made in good faith, whether in written submissions or oral arguments before a court, or in the performance of their professional duties before a court, tribunal or other legal or administrative body.

21. Competent authorities are required to provide lawyers with sufficient advance access to relevant information, files and documents in their possession or control to enable lawyers to provide effective legal assistance to their clients. Such access should be provided as soon as necessary.

22. Governments shall recognize and ensure the confidential nature of all communications and consultations between lawyers and their clients within the framework of their professional relationships.

Freedom of belief and association

Professional legal associations

25. Professional associations of lawyers cooperate with governments to ensure that all persons have effective and equal access to legal services and that lawyers are able, without undue interference, to advise and assist clients in accordance with the law and recognized professional standards and ethics.

Disciplinary action

26. Lawyers, through their respective authorities and legislative bodies, shall develop codes of professional conduct for lawyers in accordance with national laws and customs and recognized international standards and norms.

27. Allegations or complaints against lawyers acting in their professional capacity shall be dealt with promptly and objectively in accordance with due process. Lawyers have the right to a fair hearing, including the right to assistance of a lawyer of their choice.

28. Disciplinary action against lawyers is reviewed by an impartial disciplinary committee constituted by lawyers, an independent statutory body or a court, and is subject to independent judicial review.

29. All disciplinary action shall be determined in accordance with the code of professional conduct and other recognized standards and professional ethics of the legal profession and in the light of these principles.

1 of the General Assembly.

2 of the General Assembly, app.

3 General Assembly, app.

4 See Human Rights: Collection of International Treaties(United Nations publication, Sales No. E.88.XIV.I), section G.

5 General Assembly, app.

the Code of Conduct for Law Enforcement Officials, which was considered by the Fifth Congress and, after further modification, was adopted by the General Assembly in 1979;

The Ninth Congress discussed four themes: international cooperation in the field of crime prevention and criminal justice; measures to combat national and transnational economic and organized crime; management and improvement of the work of the police and other law enforcement agencies, prosecutors, courts, correctional institutions; crime prevention strategy. The Congress adopted 11 decisions, including: recommendations on the prevention of crime and the treatment of offenders, the results of the discussion of the draft convention on combating organized crime, as well as on children as victims and perpetrators of crimes, on violence among women, on regulating the circulation of firearms for the purpose of crime prevention and public safety.

Problems of international cooperation in the fight against criminal crime as social and humanitarian issues are considered by the UN Economic and Social Council. In addition, the UN General Assembly once a year, mainly in the Third Committee (Social and Humanitarian Affairs), considers reports of the UN Secretary-General on the most important issues of international cooperation in the prevention, control of crime and the treatment of offenders. In recent years, the number of crime-related issues before the General Assembly has increased significantly.

The UN Congress on Crime Prevention and Criminal Justice is a specialized UN conference convened once every five years. The Congress is a forum for the exchange of practical guidelines and the promotion of national and international counteraction to crime.

The legal basis for the activities of the Congress is the Resolutions of the General Assembly and ECOSOC, as well as relevant decisions of the Congress itself. The work of the Congress is organized in accordance with the rules of procedure, which are approved by ECOSOC.

In accordance with the rules of procedure of the Congress, the following persons participate in its work: 1) delegates officially appointed by governments; 2) representatives of organizations that have a standing invitation to participate as observers in the sessions and work of all international conferences convened under the auspices of the General Assembly; 3) representatives appointed by UN bodies and related institutions; 4) observers appointed by non-governmental organizations invited to the Congress; 5) individual experts invited to the Congress by the Secretary General in their personal capacity; 6) expert consultants invited by the Secretary General. If we analyze the composition of the participants and their right to make decisions, we can state that the congress currently has an interstate character, and this is enshrined in its rules of procedure. This approach is completely justified, since the main participant in international relations is the state. The official and working languages of the Congress are English, Arabic, Spanish, Chinese, Russian and French.

Since 1955, the Congress has addressed more than 50 complex topics. Many of them were devoted either to the problem of crime prevention, which is the immediate task of this international conference as a specialized UN body, or to the problem of treating offenders. Some topics related to the problems of combating specific offenses, in particular crimes committed by minors.

A total of 12 congresses took place. The latter was held in Salvador (Brazil) from 12 to 19 April 2010. In accordance with the decision adopted by the UN General Assembly, the main theme of the 12th Congress was: “Integrated strategies to respond to global challenges: crime prevention and criminal justice systems and their development in a changing world."

The agenda of the 12th Congress included the following eight main issues.

1. Children, youth and crime.

2. Terrorism.

3. Crime prevention.

4. Migrant smuggling and human trafficking.

5. Money laundering.

6. Cybercrime.

7. International cooperation in the fight against crime.

8. Violence against migrants and their families.

Seminars on the following topics were also held as part of the Congress.

1. International criminal justice education in support of the rule of law.

2. Review of UN and other best practices in the treatment of prisoners in the criminal justice system.

3. Practical approaches to crime prevention in cities.

4. Links between drug trafficking and other forms of organized crime: a coordinated international response.

5. Strategies and best practices for correctional crime prevention.

The Congress once again demonstrated its unique capabilities as a scientific, theoretical and practical global forum to combat the socio-political and economic evil of crime.

Along with its main function, the Congress also carries out special functions: regulatory, control and operational.

The Congress carries out its functions jointly with the Commission on Crime Prevention and Criminal Justice.

The Commission on Crime Prevention and Criminal Justice, created in 1992, inherited the main functions of the UN Committee on Crime Prevention and Control. The committee worked from 1971 to 1991. Its main task was to provide multilateral professional expertise necessary when addressing issues of social protection (clause 5 of ECOSOC Resolution 1584). The composition included experts in their personal capacity.

In 1979, the method developed by the USSR expert in the Committee, Professor S.V., was approved by consensus. Borodin, first by the Commission for Social Development, and then by ECOSOC itself Resolution 1979/19, which defined the functions of the Committee. The resolution is purposeful and is based on the principles of sovereign equality of states and non-interference in their internal affairs. Characterizing it as a whole, we can say that it reflects a balanced and realistic approach to two related but independent areas: one is the fight against crime, the other is international cooperation and UN activities in the fight against this phenomenon. The preamble of the Resolution establishes the indisputable fact that the primary responsibility for solving problems of preventing and combating crime lies with national governments, and ECOSOC and its bodies undertake to promote international cooperation in this matter and do not undertake obligations to organize a direct fight against crime.

Resolution 1979/19 quite fully and clearly defines the main functions of the UN Committee on Crime Prevention and Control, which in 1992 were transferred to the Commission on Crime Prevention and Criminal Justice, raising them to the intergovernmental level:

Preparation of UN congresses on the prevention of crime and the treatment of offenders in order to consider and promote the introduction of more effective methods and techniques for preventing crime and improving the treatment of offenders;

Preparation and submission for approval to the competent UN bodies and congresses of programs of international cooperation in the field of crime prevention, carried out on the basis of the principles of sovereign equality of states and non-interference in internal affairs, and other proposals related to the prevention of crime;

Assisting ECOSOC in coordinating the activities of UN bodies on issues related to the fight against crime and the treatment of offenders, as well as developing and submitting conclusions and recommendations to the Secretary-General and relevant UN bodies;

Promoting the exchange of experience accumulated by states in the field of combating crime and treating offenders;

Discussion of the most important professional issues that form the basis for international cooperation in the fight against crime, in particular issues related to the prevention and reduction of crime.

Resolution 1979/19 contributed and is promoting the development of directions and forms of international cooperation in the fight against crime, based on the principles of respect for the sovereignty of states and non-interference in their internal affairs, peaceful cooperation. In addition, she contributed to the creation and functioning of the current intergovernmental Commission on Crime Prevention and Criminal Justice.

Raising the status of one of the important subsidiary bodies of the UN system to intergovernmental indicates recognition, on the one hand, of the threatening state of crime at the national and international levels, and on the other, the desire of states as the main subjects of international law to strengthen the effectiveness of crime control.

Other UN bodies involved in the fight against crime, in addition to the Congress and the Commission, informing the UN about the state of the fight against crime in their countries (legislation and projects), include: the Institute (network) of National Correspondents, the United Nations Social Protection Research Institute (UNSDRI). ), regional institutes for social development and humanitarian affairs with an Office in Vienna for the Prevention of Crime and the Treatment of Offenders, and the UN Vienna Center for Crime Prevention and Criminal Justice, which also has an office for the prevention of terrorism.

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