International cooperation between Russia and Africa in countering transnational crimes at the present stage

Krehovets Aleksandra Viktorovna PhD in Law Associate Professor; Department of Criminal and Penal Enforcement Law; Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 603950, Russia, Nizhny Novgorod region, Nizhny Novgorod, Ankudinovskoe highway, 3 alexa-xa500@mail.ru Other publications by this author

Nikiforova Alena Anatol'evna PhD in Law Deputy Head of the Department; Department of Criminal and Penal Enforcement Law; Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation 603950, Russia, Nizhny Novgorod region, Nizhny Novgorod, Ankudinovskoe highway, 3 luckyalenka@rambler.ru Other publications by this author

The relevance of the research and the degree of development of the scientific problem. Currently, the issue of international cooperation in countering transnational crimes is quite relevant for all countries of the world, including the Russian Federation and the countries of the African continent. In addition, the strengthening of Russian-African relations over the past few years, one of the areas of which is the issue of effective counteraction to transnational crimes, gives relevance to the area of international cooperation chosen for scientific research. The subject of the study is the international counteraction to transnational crimes within the framework of cooperation between Russia and Africa. The purpose of the study is to study international cooperation between Russia and Africa in the field of countering transnational crimes at the present stage. The methods used in the research were general (dialectical method, systematic and integrated approaches) and special formal legal methods. In the course of the research, the following results were obtained: the signs of transnational crimes identified in international law were studied, as well as their additional characteristics were indicated, the approaches of foreign and domestic experts to the definition of "transnational crimes" were analyzed, the directions of international cooperation in the field of combating crimes were considered, the basis for international cooperation in the field of combating transnational crimes was determined, and the author's definition of the concept of "transnational crimes".

The results obtained have a scientific novelty due to the fact that they clarify the content of the concept of transnational crimes and can be applied in the practical activities of various public authorities, primarily in improving mechanisms for countering transnational crimes at the level of international cooperation, as well as in the framework of scientific and representative events on the subject of research.

The degree of scientific development of the chosen research topic. The sphere of international relations at the Russia-Africa level has been the subject of research by many domestic and foreign experts. The works published so far have touched upon certain areas of international cooperation between Russia and Africa (for example, the economic sphere - E. V. Kovaleva, N. G. Zhdanova, M. V. Tsymbalyuk ^[1], the military-political sphere - A.A. Pachina ^[2], T. Neethling ^[3], scientific, technical and space regions - R. S. Jolanov, E. A. Krylova, M. A. Kuporova, K. V. Predein ^[4] and others). Such an area of international cooperation as countering crimes has also been highlighted in the works of a number of scientists - A.I. Stepanyan ^[5], S. V.Kostelyanets ^[6], etc., however, today it is rather poorly studied.

Introduction. Russian-African relations have been developing rapidly over the past few years. The strengthening of international relations is evidenced by such facts as an increase in the number of meetings between representatives of Russia and African countries, the expansion of membership of African countries in various associations with the participation of the Russian Federation, the development and adoption of key documents in the field of development of Russian-African relations, etc.

Significant steps taken in this direction over the past few years include, in particular, the accession of Egypt and Ethiopia to the BRICS in 2024, meetings of the head of the Russian Federation with the presidents of several African countries (July 2023 – official visit of the President of the Republic of Congo Denis Sassou Nguesso, President of the Republic of Guinea-Bissau Oumaru Sissoku Embalo, January 2025 – the official visit of the President of the Central African Republic, Faustin Arcange Touader, and others), as well as the adoption in 2023 of a key document on the development of Russian-African relations – the Action Plan of the Russia-Africa Partnership Forum for 2023-2026. (Hereinafter referred to as the Plan). This Plan defines the priority areas of cooperation between Russia and African countries in various fields, including in the field of crime prevention [Action Plan of the Russia–Africa Partnership Forum for 2023-2026. URL: http://www.kremlin.ru/supplement/5971 (date of access: 01/20/2025)].

The main types of criminal activity that should be strengthened both at the international level in general and within the framework of Russian-African cooperation, in particular, by the Russia-Africa Partnership Forum in 2023 included: terrorism, laundering and use of proceeds from crime, criminal activities in the field of illicit trafficking in narcotic drugs and psychotropic substances. substances, as well as weapons. The prevalence and danger of such crimes is confirmed by numerous practical examples. For example, in Cape Verde, one of the West African countries, at the end of January 2024, several Russian citizens were detained in the port of Praia on an Eser ship flying the flag of Panama, which was heading from South America to Morocco and stopped in Cape Verde. More than 9.5 tons of narcotic drugs (cocaine) were found and seized on the ship ["11 Russian sailors were detained for transporting nine tons of cocaine in Africa." URL: https://www.evening-kazan.ru/obshhestvo/news/za-perevozku-deviati-tonn-kokaina-v-afrike-zaderzali-11-rossiiskix-moriakov?utm_source=yandex.ru&utm_medium=organic&utm_campaign=yandex.ru&utm_referrer=yandex.ru (date of access: 01/20/2025)]. Also in the summer of 2024, citizens of Russia and the United States of America were arrested in Zambia for attempting to smuggle funds across the border in the currency of four African states with a view to their subsequent legalization ["A Russian was arrested in an African country for attempting to export currency." URL: https://lenta.ru/news/2024/08/02/rossiyanina-arestovali-v-afrikanskoy-strane-za-popytku-vyvezti-valyutu / (date of access: 01/20/2025)].

These crimes should be recognized as transnational, since they simultaneously affect the interests of several States, and therefore require joint efforts by these countries to effectively counter them.

The main part. Transnational crimes have a high degree of public danger and cause significant damage to the interests of many countries. For example, the March 2017 Global Financial Integrity report "Transnational Crime and Developing Countries" indicated that globally, business related to transnational crime is estimated at an average of 1.6–2.2 trillion dollars per year [Transnational Crime and the Developing World. URL: https://globalinitiative.net/wp-content/uploads/2017/12/GFI-Transnational-Crime-and-the-Developing-World-2017.pdf (date of request: 01/20/2025)].

At the same time, one should take into account the fact that the nature and degree of public danger of modern transnational criminal organizations is significantly higher than previously existing or national organized groups, since "the former are created ... specifically for criminal activity at the cross-border level on a systematic professional basis – specialized investment and financial institutions of the shadow world economy are being formed, where the function of regulator is precisely transnational organized crime" ^{[7, p.26]}. In addition, it is impossible to ignore the fact that one of the negative trends of transnational crime is the "consolidation of Russian organized criminal communities with similar foreign communities" ^{[8, p.53]}.

It should be noted that the authors of the article certainly take into account the different content of the concepts of "crime" and "criminality", therefore they do not identify them, but for the completeness of scientific understanding they see the need to identify specific characteristic features of both categories in order to ensure a comprehensive study of the phenomenon under study.

The main features of transnational crimes are contained in the UN Convention against Transnational Organized Crime of 2002. According to Article 2 of this document, "a crime is transnational in nature if it is committed in more than one State; committed in one State, but a significant part of its preparation, planning, management or control takes place in another State; committed in one State, but with the participation of an organized criminal group that carries out criminal activities." in more than one State; committed in one State, but its significant consequences take place in another State" ["Convention against Transnational Organized Crime" (adopted in New York on 11/15/2000 by Resolution 55/25 at the 62nd plenary meeting of the 55th session of the UN General Assembly) (as amended. dated 11/15/2000) // "Collection of legislation of the Russian Federation", 04.10.2004, No. 40, art. 3882].

In addition, it is also possible to note such signs of transnational crimes as:

1. Crossing borders.

Transnational criminal activity quite often involves the movement of objects of crime across national borders of States.

2. The difficulty of disclosure.

Transnational crimes are difficult to investigate due to differences in legislation, culture, legal systems, and law enforcement practices in different countries.

3. Technological complexity.

Many types of transnational crimes, such as cybercrime, use modern technology, which requires special training and resources from law enforcement officials.

4. Influence on the interests of the state.

Transnational crimes have a significant impact on the economic, social and other spheres of public relations in many countries.

A significant number of scientific works by Russian scientists have been devoted to the study of transnational crimes and criminality, such as Yu.V. Truntsevsky ^[9], D.S. Khizhnyak ^[10], O.V. Damaskin ^[11], I.S. Marusin ^[12], E.A. Postoeva ^[13], K.K. Goryainov, A.P. Isichenko, L.V. Kondratyuk ^[14], A.E. Shalagin ^[15], A.L. Repetskaya ^[16], S.V. Maksimov ^[17] and others. These and many other experts raised a key issue concerning the content of the definition of transnational crimes (transnational criminality). So, for example, according to A.L. Repetskaya, transnational crime is a "socially dangerous (criminally punishable) phenomenon expressed in the functioning of criminal groups (communities) with a complex structure, manifesting themselves on the territory of several states, using favorable market conditions to obtain illegal income and excess profits" ^{[16, p. 54]}. In this definition, the author actually equates transnational and organized crime, however, in our opinion, these concepts cannot be considered synonymous. In turn, S.V. Maksimov defines the type of crime under study as "a set of crimes that harm two or more states or the interests of legal entities (individuals) of such states, the responsibility for which is provided for by international acts or national criminal legislation" ^{[17, p.12]}. This definition is also not without drawbacks, the key of which is excessive generalization, which makes it impossible to clearly identify the range of transnational crimes.

Foreign experts also attribute similar features to the concepts of "transnational crimes" and "transnational crime". So, for example, according to the European specialist S. Fijnout, "the adjective "transnational" suggests that all the mentioned types of crimes do not recognize national borders and, from a geographical point of view, are committed, so to speak, in a vacuum" ^{[18, p.119]}. J. M. Martin and A. T. Romano define transnational Crimes are defined as "the behavior of operating organizations in which two or more countries are involved, and such behavior is defined as criminal in at least one of these countries" ^{[19, p. 78]}.

The signs of transnational crimes cited from domestic and foreign doctrine do not raise objections, since they all reflect the essence of the negative phenomenon under consideration, however, each of them contains only one or more signs of transnational crimes and, therefore, are incomplete.

In recent years, transnational crimes have become national challenges in many Countries due to globalization (primarily the development of information and telecommunication technologies) and the emerging unfavorable socio-economic and political conditions in different countries. The Russian Federation and the African countries are no exception in this regard. Thus, Decree of the President of the Russian Federation dated 03/31/2023 No. 229 defines international terrorism, illicit trafficking in narcotic drugs, psychotropic substances and their precursors, transnational organized crime and corruption as transnational challenges and threats that require collective responses [Decree of the President of the Russian Federation dated 03/31/2023 No. 229 "On Approval of the Concept of Foreign Policy of the Russian Federation" // "Assembly legislation of the Russian Federation", 04/03/2023, No. 14, Article 2406]

African countries also recognize the danger of cross-border crimes. This can be confirmed, for example, by the Declaration on Terrorism and Unconstitutional Changes of Government in Africa, adopted in 2022 by the countries of the African Union [Declaration on terrorism and unconstitutional changes of Government in Africa. URL: https://papsrepository.africa-union.org/bitstream/handle/123456789/1664/Declaration%20on%20Terrorism%20and%20UCG%20-%20EN.pdf?sequence=6&isAllowed=y (date of access: 01/20/2025].

All this indicates the need to transform the mechanisms for countering transnational crimes. At the same time, as A.G. Volevodz correctly noted, "the investigation of such crimes is impossible without international cooperation" ^{[20, p.12]}.

According to the majority of Russian and foreign experts, international cooperation in the field of countering crimes should be comprehensive and consist in:

1. Development of a coordinated strategy and tactics for countering transnational crimes (D. Y. Kamyshansky, A. N. Aksenov ^[21]);

2. Development and adoption of international agreements and treaties (R.A. Izakson ^[22]);

3. Improving national legislation in the field of countering transnational crimes (V. With Khizhnyak, E.A. Astakhova ^[23]);

4. Scientific research activities (T.T. Mansurov ^[24]);

5. Interaction of law enforcement and other agencies (Yu.V. Bugaeva, A.D. Voronina, N.A. Khokhlova ^[25]);

6. Other forms of organizational and legal interaction.

The basis of international cooperation in countering transnational crimes is based on the international treaties adopted so far. To date, in addition to the previously mentioned UN Convention against Transnational Organized Crime of 2002, the Russian Federation and certain countries of the African continent are parties to such international agreements as the International Convention for the Suppression of the Financing of Terrorism of 1999 ["International Convention for the Suppression of the Financing of Terrorism" (Concluded in New York on 09.12.1999) // "Bulletin of International Treaties", No. 5, 2003], United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 ["United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances" (concluded in Vienna on 12/20/1988) // "Collection of International Treaties of the USSR and the Russian Federation Russian Federation", Vol. XLVII.- Moscow, 1994. pp. 133-157], Convention for the Suppression of Trafficking in Persons and the Exploitation of Prostitution by Third Parties, 1950. [UN General Assembly Resolution 317 (IV) "Convention for the Suppression of Trafficking in Persons and the Exploitation of Prostitution by Third Parties" (Together with the "Final Protocol") (Adopted on 12/22/1949 at the 264th plenary session of the UN General Assembly) // "Collection of existing treaties, agreements and conventions concluded by the USSR with Foreign States". Issue XVI.- Moscow, 1957. pp. 280-290.], International Convention for the Suppression of Terrorist Bombings of 1997 ["International Convention for the Suppression of Terrorist Bombings" (Concluded in New York on 12/15/1997) // Bulletin of International Treaties. 2001. No. 11. pp. 5-14] and others.

At the same time, despite the existing international framework, in modern conditions, countering transnational crimes at the level of all countries, including Russia and Africa, causes certain difficulties, which many experts pay attention to. For example, P. Wong and J. Wong notes as a problem of international cooperation in this area "the lack of experience in combating transnational crime, since it remains a little-known phenomenon for many states and many people" ^{[26, p.25]}. Yu.V. Gavrilin rightly points out as a factor complicating the process of international counteraction to transnational crimes, "the digital transformation of modern crime" ^{[27, p.35]}.

In addition, it should be noted the conclusion reached by the United Nations in 2021 as a result of an analysis of international cooperation in criminal matters related to the implementation of the provisions of the United Nations Convention on Combating Transnational Organized Crime. As noted in this report, the African continent took into account the provisions of the United Nations Convention against Transnational Organized Crime to a rather low degree, since it used "other tools for cooperation and mutual legal assistance" [Digest of cases of International Cooperation in Criminal Matters Involving the United Nations Convention Against Transnational Organized Crime as a Legal Basis. United Nations Office On Drugs And Crime. Vienna, 2021. URL: https://www.unodc.org/documents/organized-crime/tools_and_publications/Digest_Cases_International_Cooperation_UNTOC_Legal_Basis.pdf (date of access: 01/20/2025]. This state of affairs, as rightly noted by a well-known American expert J. This is primarily due to the fact that "national security, internal corruption and criminal interests may exclude some countries from international cooperation" ^{[28, p.44]}.

Conclusion. The analysis showed that, despite the existing international framework of agreements in the field of countering transnational crimes, the Russian Federation and the countries of the African continent are experiencing certain difficulties in implementing cooperation in this area. In our opinion, this problem is caused to a greater extent by the following:

- from the Russian Federation: a change in the political vector of building international relations;

- on the part of Africa: the actual lack of practice of interaction in the implementation of the legal framework of international cooperation with many countries.

This conclusion necessitates the development of our own strategy for countering transnational crimes at the Russia-Africa level, which should reflect the key areas in this area, namely: creation of new specialized bodies, whose activities should be aimed at combating transnational crimes; establishment of interaction between various existing institutions and institutions in Russia and Africa; harmonization of national legislation in the field of combating transnational crimes, etc. In particular, the basis for interaction in the considered area of international cooperation between Russia and Africa should be a unified approach of both countries to the definition of "transnational crimes", which are proposed to be understood as "acts committed on the territory of one or more states, regardless of which country their socially dangerous consequences occurred (including of an immaterial nature) that harm the interests of two or more States and are recognized as criminally punishable in accordance with the legislation of these countries or international law."