Basic provisions on the role of lawyers (UN). Guidelines on the role of prosecutors Status and conditions of service

04.04.2020

Adopted by the Eighth United Nations Congress
on crime prevention and the treatment of offenders;
Havana, 27 August - 7 September 1990

Eighth United Nations Congress on
crime prevention and treatment of offenders, with reference to the Milan Plan of Action*, adopted on the basis of
consensus by the Seventh United Nations Congress on
crime prevention and treatment of offenders and
endorsed by the General Assembly in its resolution 40/32 of 29
November 1985, ___________________
* See Seventh United Nations Congress on
crime prevention and treatment of offenders,
Milan, 26 August - 7 September 1985 (organization publication
United Nations, Sales No. E.86.IV.I), chapter 1, section A.
Recalling also Resolution 18 of the Seventh Congress*, in
which Congress recommends that Member States protect
practicing lawyers from undue restrictions and pressure when
performance of their functions, ___________________
* Ibid., section E.
Welcoming the work done in pursuance
Resolution 18 of the Seventh Congress by the Committee for the Prevention
crime and combating it, the Interregional Preparatory
meeting for the Eighth United Nations Congress on
crime prevention and treatment of offenders
United Nations standards and guidelines in
areas of crime prevention and criminal justice and their
implementation and priorities in relation to the establishment of new
standards*, and regional preparatory meetings for the eighth
Congress, __________________
*A/CONF. 144/IPM.5.
1. Adopts the Basic Principles on the Role of Lawyers,
contained in the annex to the present resolution; 2. Recommends Basic Principles for decision-making and
implementation at the national, regional and interregional
levels, taking into account political, economic, social and
cultural conditions and traditions of each country; 3. Invites Member States to take into account and comply with
Basic principles within their national legislation and
practices; 4. Also invites Member States to bring the Basic
principles to the attention of lawyers, judges, officials
executive power and legislative power and the population in
in general; 5. Further invites Member States to inform
Secretary General every five years since 1992 on progress
implementation of the Basic Principles, including their
dissemination, their incorporation into domestic legislation,
practices, procedures and policies, about problems arising from
their implementation at the national level, and the assistance that,
may be required by the international community, and requests
Secretary-General to report accordingly to the ninth
United Nations Congress on Prevention
crime and the treatment of offenders; 6. Calls on all governments to encourage national and
regional levels, seminars and training courses on the role of
lawyers and respect for equal conditions of access to the legal profession; 7. Urges the regional commissions, regional
and interregional institutions dealing with
crime prevention and criminal justice,
specialized agencies and other organs of the Organization system
United Nations, other interested intergovernmental
organizations under the Economic and Social Council, to adopt
active participation in the implementation of the basic principles and
inform the Secretary General of the work done on
dissemination and implementation of the Basic Principles and the extent to which they
implementation and requests the Secretary-General to include this
information in his report to the Ninth Congress; 8. Encourages the Committee on Crime Prevention and Control
to consider as a matter of priority the question of ways and
means of ensuring the effective implementation of this
resolutions; 9. Requests the Secretary-General: a) to take action, if necessary, to bring
this resolution to the attention of governments and all
interested United Nations bodies and
ensure the widest possible dissemination of the Basic
principles; b) include the Core Principles in the next edition of the publication
United Nations titled "Human Rights:
Compendium of International Instruments"; (c) to provide governments, at their request, with
experts and regional and interregional consultants for
assist in the implementation of the Basic Principles and provide
to the Ninth Congress a report on the technical
assistance and training; d) Submit to the Crime Prevention Committee and
fight against it at its twelfth session, a report on the measures taken to
implementation of these Basic Principles.
Application
Basic principles concerning the role of lawyers
Whereas the peoples of the world declare in the Charter
United Nations (995_010), in particular about its
determination to create conditions under which the
justice, and proclaim as one of their goals
implementation of international cooperation in providing and
promoting respect for human rights and fundamental freedoms without distinction
race, sex, language and religion, whereas the Universal Declaration of Rights
rights (995_015)* the principles of equality before
law, the presumption of innocence, the right to have a case
considered publicly and in compliance with all requirements of fairness
independent and impartial tribunal, and all necessary guarantees
for the defense of any person accused of a crime, ___________________
Bearing in mind that the International Covenant on Civil
and political rights (995_043)* also proclaims the right
be tried without undue delay and the right to a fair and
public hearing by a competent, independent and
an impartial tribunal established by law, ___________________
Bearing in mind that the International Covenant on
economic, social and cultural rights (995_042)*
recalls the duty of States under the Charter of the Organization
United Nations to promote universal respect and respect for
human rights and freedoms, ___________________
* Resolution 2200 A (XXI) of the General Assembly.
Bearing in mind that the Body of Principles for the Protection of All Persons,
subject to any form of detention or imprisonment
(995_206)*, provides that a detained person has the right
use the assistance of a legal adviser, contact and consult
with him, ___________________
* General Assembly resolution 43/173, annex.
Whereas in the Standard Minimum Rules
treatment of prisoners (995_212)*, in particular, it is recommended
provide untried prisoners with legal assistance and
confidential treatment of a lawyer, ___________________
* See Human Rights: A Compilation of International Instruments
(United Nations publication, Sales No. E.86.XIV.
1), section G.
Whereas in the Measures Guaranteeing the Protection of the Rights
those sentenced to death (995_226)* is confirmed
the right of anyone suspected or accused of committing
a crime for which the death penalty can be imposed
appropriate legal assistance at all stages of legal proceedings in
in accordance with article 14 of the International Covenant on Civil and
political rights, ___________________
* Resolution 217 A (III) of the General Assembly.
Bearing in mind that the Declaration of Basic Principles
justice for victims of crime and abuse of power
(995_114)* recommended measures to be taken on
international and national levels to facilitate victims
crimes of access to justice and fair treatment,
restitution, compensation and assistance, __________________
* General Assembly resolution 40/34.
Whereas, in order to provide adequate protection
human rights and fundamental freedoms to be enjoyed by all
people, whether or not these rights are economic,
social and cultural or civil and political,
it is necessary that all people really have access to
legal services provided by independent
professional lawyers, taking into account that professional associations
lawyers have a fundamental role to play in ensuring compliance
professional standards and ethics in protecting its members from
persecution and unlawful restrictions and encroachments, in
providing legal services to all those in need and
cooperation with government and other institutions in
promoting the goals of justice and upholding
public interest, the following Basic Principles on the Role of Lawyers,
formulated to assist Member States in
fulfillment of their task of development and ensuring their proper role
lawyers should be respected and taken into account by governments within the
their national laws and practices and should be
brought to the attention of lawyers, as well as other persons, such as
judges, prosecutors, representatives of the executive and legislative
organs and the general population. These principles, if necessary,
also apply to persons who perform the functions of lawyers other than
having the official status of such.
Access to lawyers and legal services
1. Everyone has the right to apply to any lawyer for
help to defend and assert his rights and protect him at all
stages of criminal proceedings. 2. The government provides efficient procedures and flexible
mechanisms for effective and equal access to lawyers for all persons,
within their territory and subject to their jurisdiction, without
any distinction, such as discrimination based on race,
skin color, ethnicity, gender, language, religion,
political or other opinions, national or social
origin, property, class, economic or
a different position. 3. Governments ensure that sufficient
financial and other means to provide legal services to the poor and,
if necessary, to other persons in
unfavorable position. Professional associations of lawyers
cooperate in the organization and provision of services, facilities and other
resources. 4. Governments and professional associations of lawyers
promote programs to inform people about their
rights and obligations under the law and the important role
lawyers in protecting their fundamental freedoms. Particular attention should be
give aid to the poor and others in need
disadvantaged position so that they can defend their
rights and, when necessary, seek legal advice.
Special safeguards in criminal matters
5. Governments shall ensure that the competent authorities
immediately informed each person of his right to use
assistance of a lawyer of his choice upon arrest or detention, or upon
charging him with a criminal offence. 6. Whenever the interests of justice so require,
every such person who does not have a lawyer is entitled to assistance
a lawyer whose experience and competence correspond to the character
offense imposed for the purpose of granting him
effective legal aid free of charge if he does not have
sufficient funds to pay for the services of a lawyer. 7. In addition, governments ensure that all
arrested or detained persons, regardless of whether
whether they are charged with a criminal offense or not,
have immediate access to a lawyer and in any case no later than
than forty-eight hours from the moment of arrest or detention. 8. To all those arrested, detained or imprisoned
persons shall be provided with adequate opportunities, time and conditions for
visits to a lawyer, intercourse and consultation with him without delay,
interference or censorship and with full
privacy. Such consultations may take place in
presence of law enforcement officials, but without
opportunity to be heard by them.
Qualification and training
9. Governments, professional associations of lawyers and
educational institutions provide appropriate qualifications and
training of lawyers and their knowledge of professional ideals and
moral obligations, as well as human rights and fundamental freedoms,
recognized by national and international law. 10. Governments, professional associations of lawyers and
educational institutions ensure that there is no discrimination to the detriment of
any person with respect to the commencement or continuation
professional legal practice based on race, color
skin, gender, ethnicity, religion, political or
different views, national or social origin,
property, class, economic or other status, for
except that the requirement that a lawyer must
be a citizen of the respective country is not considered
as discriminatory. 11. In countries where groups, communities and regions exist,
whose needs for legal services are not met,
especially where such groups have a distinctive culture,
traditions or language, or were victims of discrimination in
past, governments, professional associations of lawyers and
educational institutions should take special measures to ensure that
provide opportunities for candidates from these groups to access
to the legal profession and to ensure that they are educated,
appropriate to the needs of their groups.
Functions and responsibilities
12. Lawyers in all circumstances maintain honor and
dignity inherent in their profession, as responsible employees in
areas of administration of justice. 13. In relation to their clients, lawyers perform the following
functions: a) advising clients regarding their legal rights
and the duties and operation of the legal system, to the extent that it
concerns the legal rights and obligations of clients; b) assisting 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. Protecting the rights of their clients and defending the interests
justice, lawyers should contribute to the protection of human rights and
fundamental freedoms recognized by national and international law, and
at all times act independently and in good faith in
in accordance with the law and recognized standards and professional
lawyer ethics. 15. Lawyers always strictly observe the interests of their clients.
Guarantees in relation to the performance of their duties by lawyers
16. Governments shall ensure that lawyers: (a) are able to perform all their professional duties in
environment free from threats, obstruction, intimidation or
unjustified interference; b) were able to travel and freely
consult with their clients domestically and internationally
outside; and (c) have not been prosecuted or sued,
administrative, economic or other sanctions for any
actions taken in accordance with recognized
professional responsibilities, norms and ethics, and
threats of such persecution and sanctions. 17. Where there is a security risk
lawyers as a result of the performance of their functions, power
provide them with adequate protection. 18. Lawyers do not identify with their clients or
interests of their clients as a result of their fulfillment of their
functions. 19. No court or administrative body in which
recognizes the right to a lawyer, does not refuse to recognize the rights
lawyer to defend the interests of his client in court, with the exception of
where a lawyer has been denied the right to exercise his
professional obligations under national law
and practice and in accordance with these principles. 20. Lawyers enjoy civil and criminal immunity in
relevant statements made in good faith in
in the form of written submissions to the court or oral presentations in court
or during the performance of their professional duties in
court, tribunal or other legal or administrative
organ. 21. Competent authorities are obliged to provide lawyers
sufficient early access to relevant information, dossiers
and documents in their possession or under their control,
to enable lawyers to provide effective
legal assistance to their clients. Such access should
provided as soon as the need arises. 22. Governments recognize and provide confidential
the nature of any communications and consultations between lawyers and their
clients in their professional relationship.
Freedom of opinion and association
23. Lawyers, like other citizens, have the right to freedom
expression of opinion, belief and assembly. In particular, they have
the right to take part in public discussions on issues
relating to the law, the administration of justice and the promotion and protection of the rights
person, and be members of local, national or international
organizations or create them and take part in their meetings,
without being subject to restrictions on their professional activities
due to their lawful actions or membership in a lawful
organizations. In exercising these rights, lawyers in their actions
always guided by law and recognized norms and
professional ethics of a lawyer.
Professional associations of lawyers
24. Lawyers have the right to create and be members
independent professional associations representing them
interests conducive to their continuing education and training
and protecting their professional interests. Executive agency
professional organizations is elected by its members and performs
their functions without outside interference. 25. Professional associations of lawyers cooperate with
governments to ensure that all individuals have a real
and equal access to legal services and that lawyers have
opportunity, without undue interference, to advise and
provide assistance to clients in accordance with the law and recognized
professional standards and ethical standards.
Disciplinary action
26. Lawyers through their respective authorities or
legislatures develop in accordance with the national
laws and customs and recognized international
standards and norms codes of professional conduct for lawyers. 27. Accusations or complaints against lawyers acting in
their professional capacity, are subject to prompt and
objective review in accordance with due process.
Lawyers have the right to a fair hearing, including
the right to be assisted by a lawyer of their choice. 28. Disciplinary action against lawyers is being considered
an impartial disciplinary committee set up by lawyers, in
independent body prescribed by law or before a court and are subject to
independent judiciary. 29. All disciplinary measures are determined in accordance with
code of professional conduct and other recognized
standards and professional ethics of a lawyer and in the light of these
principles.
"People's rights and professional standards for lawyers", 1996

BASIC PRINCIPLES,
RELATED TO THE ROLE OF LAWYERS

(Havana, 27 August - 7 September 1990)

Considering that the peoples of the world declare in the Charter of the United Nations, 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 or religion,
Considering that the Universal Declaration of Human Rights sets forth the principles of equality before the law, the presumption of innocence, the right to have a case heard publicly and in all fairness by an independent and impartial tribunal, and all necessary guarantees for the protection of any person accused of committing a crime,
Considering that the International Covenant on Civil and Political Rights also proclaims 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,
Considering that the International Covenant on Economic, Social and Cultural Rights recalls the duty 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 shall have the right to avail himself of the assistance of, to contact and consult with a legal adviser,
Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, inter alia, that untried prisoners be provided with legal assistance and confidential treatment of a lawyer,
Whereas the Measures guaranteeing the protection of the rights of those under sentence of death reaffirm the right of every suspect or accused of a crime 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,
Considering that the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power recommends measures to be taken at the international and national levels to facilitate access to justice and fair treatment, restitution, compensation and assistance for victims of crime,
Considering that in order to ensure adequate protection of human rights and fundamental freedoms to which all people should enjoy, whether those rights are economic, social and cultural or civil and political, it is necessary that all people have effective access to legal services provided by independent professional lawyers,
Whereas professional associations of lawyers have a fundamental role to play in upholding professional standards and ethics, in protecting their members from harassment and undue restrictions and infringement, in providing legal services to all in need, and in cooperating with governmental and other institutions in promoting the goals of justice, and in defending the public interest,
The following Basic Principles on the Role of Lawyers, formulated to assist Member States in fulfilling their task of development and ensuring the proper role of lawyers, should be respected and taken into account by Governments in 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 the executive and legislature and the general public. These principles also apply, where necessary, to persons who perform the functions of lawyers without having the official status of such.

Access to lawyers and legal services

1. Everyone has the right to turn to any lawyer for help to protect and defend his rights and protect 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 jurisdiction, without distinction of any kind, such as discrimination based on race, colour, ethnicity, sex, language, religion, political or other beliefs, national or social origin, property, class, economic or other status.
3. Governments shall ensure that adequate financial and other means are provided for the provision of legal services to the poor and, where necessary, to other disadvantaged persons. Professional associations of lawyers cooperate in the organization and provision of services, facilities and other resources.
4. Governments and legal professional associations promote programs to inform people of their rights and obligations under the law and of the important role of lawyers in protecting their fundamental freedoms. Particular attention should be paid to helping the poor and other disadvantaged persons so that they can assert their rights and, when necessary, seek the assistance of lawyers.

Special safeguards in criminal matters

5. Governments shall ensure that the competent authorities immediately inform every person of his right to be assisted by a lawyer of his choice when he is arrested or detained or charged with a criminal offence.
6. In all cases where the interests of justice so require, every such person who does not have a lawyer shall be entitled 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 does not have sufficient means. to pay for a lawyer.
7. In addition, Governments shall ensure that all persons arrested or detained, whether or not charged with a criminal offence, have immediate access to a lawyer and in any event no later than forty-eight hours from the time of arrest. or detention.
8. All persons arrested, detained or imprisoned shall be provided with adequate facilities, time and facilities to visit, communicate with and consult with a lawyer without delay, interference or censorship and in full confidentiality. Such consultations may take place in the presence of law enforcement officials, but without the possibility of being heard by them.

Qualification and training

9. Governments, legal professional associations and educational institutions shall ensure that lawyers are adequately qualified and trained and are aware of professional ideals and moral obligations, as well as human rights and fundamental freedoms recognized by national and international law.
10. Governments, legal professional associations and educational institutions shall ensure that there is no discrimination to the detriment of any person in entering into or continuing the professional practice of law on grounds of race, colour, sex, ethnic origin, religion, political or other opinion, national or social origin. property, estate, economic or other status, except that the requirement that the lawyer must be a citizen of the country concerned is not considered discriminatory.
11. In countries where there are groups, communities and regions whose needs for legal services are not being met, especially where such groups have distinct cultures, traditions or languages or have been victims of discrimination in the past, governments, legal professional associations and educational institutions should take special measures to enable 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.

Functions and responsibilities

12. Lawyers shall in all circumstances retain the honor and dignity inherent in their profession as responsible officers in the administration of justice.
13. In relation to their clients, lawyers perform the following functions:
a) advising clients on their legal rights and obligations and the operation of the legal system, in so far as it relates to the legal rights and obligations of clients;
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 protecting the rights of their clients and defending the interests of justice, lawyers should contribute to the protection of human rights and fundamental freedoms recognized by national and international law, and in all cases act independently and in good faith in accordance with the law and recognized standards and professional ethics of a lawyer.
15. Lawyers always strictly observe the interests of their clients.

Performance Guarantees by Lawyers
their duties

16. Governments shall ensure that lawyers:
a) are able to carry out all their professional duties in an environment free from threats, obstruction, intimidation or undue interference;
(b) be able to travel and consult freely with their clients within and outside the country; and
c) have not been prosecuted or subjected to judicial, administrative, economic or other sanctions for any act performed in accordance with recognized professional duties, norms and ethics, as well as threats of such prosecution and sanctions.
17. Where the safety of lawyers is threatened by the exercise of their functions, the authorities provide them with adequate protection.
18. Lawyers do not identify with their clients or the interests of their clients as a result of the performance of their functions.
19. No court or administrative body that recognizes the right to counsel refuses to recognize the rights of a lawyer to plead for his client, 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 shall enjoy civil and criminal immunities in respect of relevant representations made in good faith in the form of written submissions to a court or oral pleadings in court or in the course of their professional duties before a court, tribunal or other legal or administrative body.
21. Competent authorities have an obligation to provide lawyers with sufficient advance access to appropriate 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 recognize and ensure the confidentiality of all communications and consultations between lawyers and their clients in the course of their professional relationship.

Freedom of opinion and association

23. Lawyers, like other citizens, have the right to freedom of expression, opinion and assembly. In particular, they have the right to take part in public discussions on matters relating to the law, the administration of justice and the promotion and protection of human rights, and to be members of local, national or international organizations or to establish them and take part in their meetings, without being restricted by 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 associations of lawyers

24. Lawyers have the right to form and be members of independent professional associations representing their interests, facilitating their continuing education and training, and protecting 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 work 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 and ethical standards.

Disciplinary action

26. Lawyers, through their respective bodies or legislative bodies, 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 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 be assisted by a lawyer of their choice.
28. Disciplinary action against lawyers is reviewed by an impartial disciplinary committee established by lawyers, in an independent body provided for by law or in court, and is subject to independent judicial review.
29. All disciplinary action is determined in accordance with the Code of Professional Conduct and other recognized standards and professional ethics of the lawyer and in the light of these Principles.

According to the UN Charter, this organization is responsible for international cooperation on all topical issues. One of the main bodies of the UN, the Economic and Social Council (ECOSOC), is directly involved in the issues of cooperation between countries in the fight against crime, in the structure of 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 Committee for the Prevention and Control of Crime, and in 1993 - into a higher status body - the Commission on Crime Prevention and Criminal Justice.

The commission (committee) submits to ECOSOC recommendations and proposals aimed at a more effective fight against crime and humane treatment of offenders. The General Assembly, in addition, entrusted to this body the functions of preparing once every five years the UN congresses on the prevention of crime and the treatment of offenders.

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

The UN congresses were held: the first - Geneva, 1955, the 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. To name just a few of the vast list: the Standard Minimum Rules for the Treatment of Prisoners, adopted by the First Congress, which were developed in a General Assembly resolution in 1990 and in its annex, which formulated the basic principles for the treatment of prisoners;

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

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 - ninth congresses were especially productive. The Sixth Congress adopted the Caracas Declaration, which states that the success of the criminal justice system and crime prevention strategies, especially in the context of the spread of new and unusual forms of criminal behavior, depends primarily on progress in improving social conditions and improving the quality of life. Around 20 resolutions and other decisions were adopted at the congress concerning 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 states that crime is a serious problem on a national and international scale. It hinders the political, economic, social and cultural development of peoples and endangers human rights, fundamental freedoms, as well as peace, stability and security. The adopted documents recommended that governments give priority to crime prevention, intensify cooperation between themselves on a bilateral and multilateral basis, develop criminological research, pay special attention to the fight against terrorism, drug trafficking, organized crime, and ensure broad public participation in crime prevention.

The Congress adopted more than 25 resolutions, including: the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“Beijing Rules”), a declaration of basic principles of justice for victims of crime and abuse of power, basic principles relating to the independence of the judiciary, and others .

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 activity; youth crime prevention, juvenile justice and youth protection; UN norms and guidelines in the field of crime prevention and criminal justice.

The Congress adopted the largest number of resolutions - 35. To name just a few: international cooperation in the field of crime prevention and criminal justice; the United Nations Guidelines for the Prevention of Juvenile Delinquency (the "Riyadh Principles"); crime prevention in the urban environment; organized crime prevention: 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 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. 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 against women, on regulating the circulation of firearms in order to 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 towards a recommendatory advisory nature of its activities. A significant part of its functions is transferred to the growing Commission on Crime Prevention and Criminal Justice, ECOSOC and the General Assembly.

The International Committee for Coordination (ICC), referred to as the Committee of Four, takes an active part in the development of many international documents on combating crime and criminal justice, since it covers the work of the International Criminal Law Association (IAML), the International Criminological Society (ICS), the International Society for Social Protection (ICH) and the International Criminal and Prison Fund (ICPF).

New approaches to the development of international rules are less expensive and more professional. The indicated trend is seen as 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 most concise and 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 to combat crime in connection with its globalization.

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

A Brief History of the UN Congresses

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

The Ninth Congress discussed four themes: international cooperation in 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. 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 against women, on regulating the circulation of firearms in order to crime prevention and public safety.

Tenth UN Congress and its significance

The Congress was held from 10 to 17 April 2000 at the Vienna International Center of the United Nations. 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 members of 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 its associated research institutes were widely represented at the congress: UNAFEI (Asia and the 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 (over 40) international non-governmental organizations (Amnesty International, International Association of Criminal Law, International Criminological Society, International Society for Social Protection, International Criminal and Penitentiary Foundation, International Sociological Association, etc.).

370 individual experts attended, including 58 from the US, 29 from the UK and other countries. From Russia - only one individual expert, 2-5 each from the CIS countries and the Baltic states. For example, from Ukraine, with the size of the 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: accountability and fairness in the administration of justice.

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 delivered 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 topics discussed in the First Committee were "Strengthening the rule of law and strengthening the criminal justice system", "Effective crime prevention: keeping up with the latest developments", "Offenders and victims: accountability and fairness in the administration of justice". Workshops were held in the Second Committee on the fight against corruption, on public participation in crime prevention, on women in the criminal justice system (female offender, female victim, female criminal justice officer), on crimes related to the use computer networks.

All topics of discussion were closely related to the solution of the main problem of international cooperation - the fight against transnational and national criminal challenges of the new century. As a result, the important outcomes 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 a very important one. At the turn of the century, it defines the strategy for combating transnational crime. Its draft was discussed throughout the congress and not only at the plenary session and committees, but also during informal consultations of leaders and members of national delegations.

In connection with the enormous global significance, capacity 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: Responses to the Challenges of the 21st Century.

We, the Member States of the United Nations,

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

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

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

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

Conscious of the potential of restorative approaches to justice that aim to reduce crime and promote the healing of victims, offenders and communities,

Meeting at the Tenth United Nations Congress on the Prevention of Crime on 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 tackle the world crime problem,

we proclaim 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 field of crime prevention and criminal justice, especially the reduction of crime, the more effective and efficient enforcement 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 fairness, humanity and professional conduct.

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

4. We recognize the need for closer coordination and cooperation among States in dealing with the world crime problem, given that the fight against it is a common and shared responsibility. In this regard, we recognize the need to intensify and promote technical cooperation activities in order to assist States in their efforts to strengthen their domestic criminal justice systems and their capacity for international cooperation.

5.We attach high priority to the completion of 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 building expertise, to help implement the Convention and its Protocols.

7. Considering the objectives of the Convention and its protocols, we strive to:

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

b) intensify 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 conduct, 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 Crime Prevention and Criminal Justice Research Institute crime and justice institutions and the institutions of the Programme's network, as well as the determination to further strengthen the Program by securing appropriately sustainable funding.

10. We commit ourselves 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 take into account and address the different impacts of programs and policies on men and women, respectively, within the framework of the United Nations Crime Prevention and Criminal Justice Program and within national crime prevention and criminal justice strategies.

12. We also commit to developing action-oriented policy recommendations that take into account the specific 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, as well as recognizing their respective roles and contributions.

14. We commit ourselves to develop more effective ways of mutual cooperation in order to eradicate the abhorrent phenomenon of trafficking in persons, especially women and children, and smuggling of migrants. We will also consider supporting the global anti-trafficking 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, and we identify 2005 as a year in which a significant reduction in the number of such crimes worldwide will be achieved, 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 identify 2005 as the year in which such incidents will be significantly reduced worldwide.

16. We further commit to strengthen 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, and building on the work of regional and global fora . We stress the urgent need to develop an effective international legal instrument against corruption, in addition to 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 to the Commission at its tenth session, in consultation with States, a thorough review 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 to combat 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 the establishment of broad regimes and the harmonization of appropriate mechanisms to combat money laundering of the proceeds of crime, including support for initiatives aimed at states and territories that offer offshore financial services that enable the laundering of proceeds of crime.

18. We decide to develop action-oriented policy recommendations for the prevention and control of computer-related crime, and we invite the Commission on Crime Prevention and Criminal Justice to initiate work in this direction, taking into account the work that conducted in other forums. We also commit to work towards strengthening our ability to prevent, investigate and prosecute high-tech and computer-related crime.

19. We note that acts of violence and terrorism continue to be of great concern. Within the framework of the Charter of the United Nations and subject to all relevant General Assembly resolutions, and in conjunction with our other efforts to prevent and combat terrorism, we intend to work together to take effective, decisive and immediate action to prevent criminal activities carried out to promote terrorism in all its forms and manifestations, and to combat such activities. To this end, we commit ourselves to make every possible effort to promote universal adherence to international instruments relating 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 in international policies and norms on crime prevention measures to prevent racist, racially discriminatory crime , xenophobia and related forms of intolerance, and the fight against it.

21. We reaffirm our determination to combat violence stemming from ethnic intolerance and commit ourselves to make a significant contribution in the fields 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 the United Nations standards and norms in crime prevention and criminal justice are effective in combating crime. We also recognize the importance of prison reform, the independence of the judiciary and prosecutors, and the implementation of the International Code of Conduct for Public Officials. We will seek, where appropriate, the use and application of United Nations standards and norms in crime prevention and criminal justice in national law and practice. We undertake, where appropriate, to review the relevant legislation on administrative procedures in order to enable the necessary education and training of the relevant officials and to ensure the necessary strengthening of the institutions entrusted with the administration of criminal justice,

23. We also recognize the practical value of model treaties on 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 in order to provide the most up-to-date versions such model treaties at the disposal of States that wish to avail themselves of them.

24. We further recognize with deep concern that juveniles in difficult circumstances are often at risk of becoming offenders and/or easy prey for involvement in criminal groups, including those associated with transnational organized crime, and we commit ourselves to taking countermeasures to prevent this growing phenomenon and include, where appropriate, provisions relating to the administration of juvenile justice in national development plans and international development strategies, and to take into account issues relating to the administration of juvenile justice in its funding policies for cooperation in development goals.

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 social, economic, health, education and justice. We urge the development of such strategies, given the recognized success of prevention initiatives in many nations, and in the belief that crime can be reduced by applying and sharing our collective experience.

26. We commit to prioritize curbing growth and avoiding excessive numbers of detainees and pre-trial detainees, as appropriate, by implementing credible and effective alternatives to imprisonment.

27. We decide 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 identify 2002 as the date for States to review their respective practices, strengthen assistance to victims and awareness-raising campaigns on victims' rights; and considering the establishment of funds for victims, in addition to the development and implementation of a witness protection policy.

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 stakeholders.

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 under 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, annex.

General Assembly resolution 51/59, annex.

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

Adopted by the Eighth United Nations 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 contains the principles of equality before the law, the presumption of innocence, the right to have a case heard publicly and in all fairness by an independent and impartial tribunal, and all necessary guarantees for the protection of any person charged with a crime,

pay attention to that the International Covenant on Civil and Political Rights also proclaims 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 shall have the right to have the assistance of, access and consult with a legal adviser,

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 of a lawyer,

pay attention to that the Measures guaranteeing the protection of the rights of those under sentence of death reaffirm the right of everyone suspected or charged with a crime 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 to be taken at the international and national levels to facilitate access by victims of crime to justice and fair treatment, restitution, compensation and assistance,

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

pay attention to that professional associations of lawyers have a fundamental role to play in upholding professional standards and ethics, in protecting their members from harassment and undue restrictions and infringement, in providing legal services to all those in need, and in cooperation with government and other institutions, in promoting the goals of justice and in defending public interests,

The following Basic Principles on the Role of Lawyers, formulated to assist Member States in their task of development and to ensure the proper role of lawyers, should be respected and taken into account by Governments in 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 the executive and legislature and the general public. These Principles also apply, where necessary, to persons who perform the functions of lawyers without having the official status of such.

Access to lawyers and legal services

1. Everyone has the right to turn to any lawyer for help to protect and defend his rights and protect 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 any distinction such as discrimination based on 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, to other disadvantaged persons. Professional associations of lawyers cooperate in the organization and provision of services, facilities and other resources.

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

Special safeguards in criminal matters

6. In all cases where the interests of justice so require, every such person who does not have a lawyer shall be entitled 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 does not have sufficient means. to pay for a lawyer.

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

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

Qualification and training

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

11. In countries where there are groups, communities or regions whose needs for legal services are not being met, especially where such groups have distinct cultures, traditions or languages or have been victims of discrimination in the past, governments, legal professional associations and educational institutions should take special measures to enable 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.

Functions and responsibilities

12. Lawyers shall in all circumstances retain the honor and dignity inherent in their profession as responsible officers in the administration of justice.

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

a) advising clients on their legal rights and obligations and the operation of the legal system, in so far as it relates to the legal rights and obligations of clients;

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 protecting the rights of their clients and defending the interests of justice, lawyers should contribute to the protection of human rights and fundamental freedoms recognized by national and international law, and in all cases act independently and in good faith in accordance with the law and recognized standards and professional ethics of a lawyer.

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

Guarantees in relation to the performance of their duties by lawyers

16. Governments shall ensure that lawyers: a(a) are able to carry out all their professional duties in an environment free from threats, obstructions, intimidation or undue interference; b) were able to travel and freely consult with their clients within the country and abroad; and With) have not been prosecuted or subjected to judicial, administrative, economic or other sanctions for any act performed in accordance with recognized professional duties, norms and ethics, as well as threats of such prosecution and sanctions.

17. Where the safety of lawyers is threatened by the exercise of their functions, the authorities provide them with adequate protection.

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

19. No court or administrative body that recognizes the right to counsel refuses to recognize the rights of a lawyer to plead for his client, 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 shall enjoy civil and criminal immunities in respect of relevant representations made in good faith in the form of written submissions to a court or oral pleadings in court or in the course of their professional duties before a court, tribunal or other legal or administrative body.

21. Competent authorities have an obligation to provide lawyers with sufficient advance access to appropriate 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 recognize and ensure the confidentiality of all communications and consultations between lawyers and their clients in the course of their professional relationship.

Freedom of opinion and association

Professional associations of lawyers

25. Professional associations of lawyers work 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 and ethical standards.

Disciplinary action

26. Lawyers, through their respective bodies and legislatures, 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 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 be assisted by a lawyer of their choice.

28. Disciplinary action against lawyers is reviewed by an impartial disciplinary committee established by lawyers, in an independent body provided for by law or in 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 lawyer and in the light of these principles.

1 of the General Assembly.

2 of the General Assembly, annex.

3 of the General Assembly, annex.

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

5 of the General Assembly, annex.