Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.40 N° 72
Enero
Junio
2022
Recibido el 03/09/2021 Aceptado el 14/12/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca cn aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
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Eduviges Morales Villalobos
Fabiola Tavares Duarte
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cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
Dr. Hum ber to J. La Ro che. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 72 (2022), 531-542
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
International Cooperation in
Investigating Economic Crimes of
Transnational Nature
DOI: https://doi.org/10.46398/cuestpol.4072.30
Galina Didkivska *
Serhiy Miroshnychenko **
Iryna Zavydniak ***
Inna Biriukova ****
Andrii Hmyrin *****
Dmitry Lopashchuk ******
Abstract
The purpose of the research is to highlight international
cooperation in investigation of economic crimes of a transnational
nature. The main content. It is emphasized that the concept of
“international cooperation in ght against crimes” is in the
sphere of action of various legal systems of both international
public law and domestic law of states (countries) taking part in
cooperation.”. It is established that it is necessary to clearly delineate
the subject of international legal regulation of this type of interaction
between states and international organizations. Methodology. Review
of materials and methods based on analyzing documentary materials of
international cooperation in investigating economic crimes of transnational
nature. Conclusions. Due to objective reasons and circumstances modern
international relations are characterized by expansion of legal cooperation
in investigating economic crimes of transnational nature. At the same time,
certain entities can be clearly distinguished in the circle of participants of
such cooperation. Considering their goals of creation, their range of powers
and features of their implementation such entities operate only in the
ght against crimes at the international level - these are international law
enforcement organizations.
* Professor, Head of the Department of Criminal Justice, Doctor of Law, State Tax University, Ukraine.
ORCID ID: https://orcid.org/0000-0003-1714-4804
** Professor, Doctor of Law, Advisor to the Head of Union of Lawyers of Ukraine. ORCID ID: https://
orcid.org/0000-0002-4215-1603
*** Docent, Doctoral student of the Department of Criminal Justice, Candidate of Juridical Science, State
Tax University, Ukraine. ORCID ID: https://orcid.org/0000-0003-1816-7426
**** Teacher of the Cycle Commission of Law Disciplines, Irpin Vocational College of Economics and Law,
Ukraine. ORCID ID: https://orcid.org/0000-0003-3320-5822
***** Associate Professor of the Department of Criminal Justice, Candidate of Juridical Science, State Tax
University, Ukraine. ORCID ID: https://orcid.org/0000-0001-9343-5684
****** Associate Professor of the Department of Criminal Justice, Candidate of Juridical Science, State Tax
University, Ukraine. ORCID ID: https://orcid.org/0000-0002-6360-2119
532
Galina Didkivska, Serhiy Miroshnychenko, Iryna Zavydniak, Inna Biriukova, Andrii Hmyrin
y Dmitry Lopashchuk
International Cooperation in Investigating Economic Crimes of Transnational Nature
Keywords: economic crimes; international legal cooperation; ght
against transnational crime; crime prevention and
suppression; law enforcement.
Cooperación Internacional en la Investigación de
Delitos Económicos de Carácter Transnacional
Resumen
El propósito del artículo es resaltar la cooperación internacional en
la investigación de delitos económicos de carácter transnacional. El su
contenido principal se destaca que el concepto de “cooperación internacional
en la lucha contra los delitos” se encuentra en el ámbito de acción de diversos
ordenamientos jurídicos, tanto de derecho internacional público como de
derecho interno de los estados (países) que participan en la cooperación.
Se establece que es necesario delimitar claramente el objeto de regulación
jurídica internacional de este tipo de interacción entre Estados y organismos
internacionales. Se efectuó una revisión de materiales y métodos a partir
del análisis de textos documentales de cooperación internacional en la
investigación de delitos económicos de carácter transnacional. Se concluye
que, por razones y circunstancias objetivas, las relaciones internacionales
modernas se caracterizan por la expansión de la cooperación judicial en la
investigación de delitos económicos de carácter transnacional. Al mismo
tiempo, ciertas entidades pueden distinguirse claramente en el círculo de
participantes de dicha cooperación. Teniendo en cuenta sus objetivos de
creación, su gama de poderes y características de su implementación, tales
entidades operan solo en la lucha contra los delitos a nivel internacional:
estas son organizaciones internacionales de aplicación de la ley.
Palabras clave: delitos económicos; cooperación jurídica internacional;
lucha contra los delitos transnacionales; prevención y
represión de delitos; aplicación de la ley.
Introduction
All civilized countries are trying to coordinate their actions in ght
against crimes; it is performed by means of concluding agreements on
various areas of international cooperation aimed at counteraction to
crimes. At present, the level of crimes in the world remains in the eld
of view of the international community, especially given its transnational
character, recognition of international crimes as acts of international
533
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 531-542
danger, globalization and blurring of borders for economic relations,
spread of Internet technologies etc. All this leads to the joint eorts of states
and their authorized bodies, whose activities are aimed at counteraction to
crimes and criminal prosecution of international crimes and crimes of an
international nature, as well as at formation of appropriate legal regulations
of substantive rules of international criminal law and other branches of
international public law of legal cycle as well as norms of international
law aimed at regulating the process of cooperation between states on
counteracting to cross-border crimes, as well as national legislation of the
Member States (legislation of criminal and criminal procedural nature).
Ukraine is an active member of international cooperation aimed at
establishing peace, human rights and freedoms and counteracting crimes
and it is a participant of many international legal agreements. Accordingly,
Ukraine is in line with its commitments in the sphere of counteraction
to crimes in general by means of introducing provisions of international
agreements into the national legislation, as well by means as cooperating with
other states in this area. Eectiveness of implementation of commitments
depends on the state of national legislation governing implementation
of authorized bodies’ powers in the sphere of international cooperation,
the mechanism of their cooperation, real steps at the international level
in cooperation with international law subjects, as well as bilaterally - in
interaction with other states (countries), represented by the authorized
bodies of these states, during implementation of joint measures aimed at
counteracting crimes and other forms of combating crimes.
To the institute of international cooperation in combating crimes is also
conditioned by intensied activities of the International Criminal Court due
to improved legal framework of its activities and law enforcement practices,
developed forms of cooperation within international organizations
aimed at counteracting and combating crimes. Attention to international
cooperation in combating crimes is also conditioned by improving domestic
criminal legislation of countries of the world, legislation on operational and
investigative and penitentiary activities, as well as by borrowing the best
practices. In particular, provisions of Chapter IX of the CPC of Ukraine and
other laws form legal rules and standards which are united in the domestic
legal institute of international cooperation in criminal proceedings, due to
Ukraine’s participation in international cooperation at the universal and
regional levels, as well as due to integration into the European community,
active cooperation with the states at the bilateral level, intensied activities
of the authorized bodies aimed at international cooperation of Ukraine in
the sphere of ght against crimes according to the powers assigned to these
authorized bodies.
534
Galina Didkivska, Serhiy Miroshnychenko, Iryna Zavydniak, Inna Biriukova, Andrii Hmyrin
y Dmitry Lopashchuk
International Cooperation in Investigating Economic Crimes of Transnational Nature
1. Literature review
Most researchers of cooperation in counteracting crimes perceive
international law as a broad legal phenomenon, including international
cooperation in combating crimes and consider a set of international law
standards governing interaction of states in this sphere as a complex
combination of legal rules based on the standards of international criminal law.
In the science of international law, international cooperation in ght
against (combating) crimes means cooperation of various states in ght
against criminal acts causing public danger that requires combined eorts
of several states (Batsanov, 1986).
The concept of international cooperation “reects a process of
interaction between international actors with dominating common search
for opportunities for implementation of interests of all interested parties.
Cooperation is based on trust in relations between partners” (Kryvonos,
2012).
When carrying out analysis of international cooperation, Proskurin
proposed to dene it as “direction and developmental level of the system of
international relations characterized by regular purposeful development of
international relations coordinated by participants themselves and taking
place in various spheres and branches of international life” (Semigina,
2000: 89).
When analyzing international cooperation in the sphere of law
enforcement as one of the areas of international cooperation in the ght
against crimes
S.M. Perepelkin proposed the following denition: “International
cooperation in the sphere of law enforcement is one of the types of joint
activities of states aimed at harmonization of their interests and achievement
of common goals in solving issues of law enforcement on the basis of generally
accepted principles and norms of international law” (Perepelkin, 2018: 31).
According to the scientist international cooperation in the sphere of law
enforcement is aimed at the regulation and development of various types
of international relations, usually on issues which determine security both
within a certain geographical region and around the world (for example,
development of uniform standards of international law enforcement
cooperation, Organization and holding of seminars and training sessions),
as well as at provision of own internal interests and security (and this is the
primary thing) (Perepelkin, 2018), and therefore international cooperation
in the sphere of law enforcement can be considered as one of the directions
of international cooperation in ght against crimes.
Thus, the subject of regulation of the set of norms and principles of
international law governing international cooperation in combating crimes
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as part of the subject of international public law, is much broader than
the subject of regulation of international criminal law and, in our opinion,
it includes norms and principles of international law all branches of the
criminal law cycle.
Recently, an increasing number of researchers emphasize that the
legal regulation of international cooperation is carried out not only
through norms of international law, but also through norms of domestic
law. Several scientists emphasizes polysystemic nature of legal regulation
of cooperation between states in the sphere of counteraction to crimes.
So, A.V. Pidgorodinskaya draws attention to the fact that the phrase
international cooperation in ght against crimes indicates the fact of
formation of this institute based on the provisions of international and
national law, or more precisely - on the collision of the two legal systems
(Pidgorodinskaya, 2015).
2. Materials and methods
Research of materials and methods based on the analysis of
documentary sources and normative legal acts of international cooperation
in investigating economic crimes of transnational nature. The formal-
dogmatic method contributed to development of the author’s explanation
of the current state, problems, and practical role of legal technologies for
further development and improvement of international cooperation when
investigating economic crimes of transnational nature. The ocially legal
method gave an opportunity to suggest directions and types of using legal
technologies as prospects of international cooperation when investigating
economic crimes of transnational nature.
3. Results and discussion
According to O. Ivanchenko, the science of international public law
actually recognizes that dynamics of the ratio of norms of international and
national law indicates expansion of the sphere of international law regulation,
primarily by means of attraction to its orbit of new directionsattracting new
areas related to international cooperation in addition, the scope of the so-
called joint regulation of public relations by norms of international and
national law is expanding (Ivanchenko, 2013).
A. G. Volevodz noted quite aptly that the concept of international
cooperation in ght against crimes arose at the junction of several legal
systems, namely international law and domestic law, as well as several
sciences - international, criminal and criminal procedural law, and that it
536
Galina Didkivska, Serhiy Miroshnychenko, Iryna Zavydniak, Inna Biriukova, Andrii Hmyrin
y Dmitry Lopashchuk
International Cooperation in Investigating Economic Crimes of Transnational Nature
still retains its special status, which leads to the fact that each of the “parent”
disciplines is willing to include its individual elements as part of it, without
recognizing its independence and never considering and researching these
legal phenomena systematically and in in full.
A.G. Volevodz notes that independent legal institutions of various forms
of international cooperation in ght against crimes which were previously
traditionally regulated mainly by international law, are now characterized
by the polysystemic nature of legal regulation on the part of dierent
legal systems of the participating states (Volevodz, 2007). This brings
us back to the early 20th century, when there were many supporters of
characterization of international criminal law as a set of domestic criminal
laws, which extended beyond the territory of the state (presence of a foreign
element) (Volevodz, 2007).
International cooperation can and should take place at all levels of the
criminal prosecution system involving more than one State, in accordance
with their obligations under the provisions of various international
agreements (including multilateral, regional or bilateral agreements).
However, a clear distinction should be made between international public
law and domestic law of international cooperation states, i.e., the sphere of
international legal cooperation of states and other subjects of international
should be separated from the sphere of exercising state powers in ght
against crimes (domestic powers exercised by relevant authorized bodies
of the state and regulated by the norms of domestic law of the participating
states).
In this we agree with S.M. Perepelkin, who denes international
cooperation aimed at combating crimes as one of the joint activities of
states represented by the respective authorized bodies, which arises from
formation and purposeful implementation of foreign policy performed by
them based on common or convergent state interests. these activities are of
conciliatory, coordinating nature and they arise and are developed between
equal subjects of international law (mainly between states) (Perepelkin,
2018).
A.G Volevodz rightly notes that in resolving a specic issue of
international cooperation, in particular, issuance of cooperation between
two states requires adoption of a wide range of legal acts, at least three legal
systems, and it is easy to imagine that this circle will be further expanded
if the extradition of the same person is requested not by one but by several
states, which in practice is not a rare exception (Volevodz, 2007). This
circumstance gives leads the scientist to conclusion that independent
legal institutions of various forms of international cooperation in ght
against crimes which were previously traditionally regulated mainly by
international law, are now characterized by the polysystemic nature of legal
regulation on the part of dierent legal systems of the participating states
(Volevodz, 2007).
537
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Thus, no one disputes that in practice actions of each state (especially
actions performed by state bodies acting in accordance with the powers
granted to them) are conditioned by domestic law, primarily constitutional
provisions and provisions of laws establishing such powers. But at the
international level, actions of a state, regardless of the body it is represented
by, are governed by the rules of public international law, as contained in
international agreements concluded by the state (including those approving
Statutes of international organizations) as well as by international custom,
general principles of law recognized by civilized nations, and by court
decisions and doctrine formulated by the most qualied specialists of various
nations in public law, as an aid to determine legal norms; such actions are
also regulated by other non-statutory sources of public international law.
Thus, an integral condition of international cooperation in ght against
crimes consists in existence of norms of international and domestic law,
establishing general principles of cooperation, rules of conduct (interaction)
of states and authorized bodies acting on their behalf within powers
established by the laws, those who implement these norms, responsibility
for breach of obligations undertaken based on such cooperation. Content of
international cooperation in ght against crimes is revealed through legal
norms of both international public law and domestic law.
However, it should not be forgotten that each of the legal systems involved
in international cooperation in ght against crimes has clear boundaries,
patterns of development and when used does not merge with any other
system applied. Therefore, the task of the international public law science is
to establish the standards and developmental tendencies of regulating the
norms of international public law, some of its branches taking into account
that this development is inuenced by a large number of factors including
such important factors as improving norms of the relevant branches of the
domestic law of cooperating states, their harmonization, extension of best
practices and their consolidation as standards, in particular in the sources
of international law (Martens, 1905).
Based on this, A.G. Volevodz (2007: 12) gives the following denition:
International cooperation in the ght against crimes is joint activities
(regulated by norms of international and domestic law) including activities
of international law subjects and domestic legal relations concerning
ensuring legal protection of individuals, society, the state and the world
community from international crimes and crimes of international nature
as well as transnational crimes, which are aimed at breaking internal legal
order.
This activities consist in: (1) adoption of coordinated measures aimed
at establishing at the international and legal level criminality and punish
ability of certain socially dangerous acts and unication of national criminal
538
Galina Didkivska, Serhiy Miroshnychenko, Iryna Zavydniak, Inna Biriukova, Andrii Hmyrin
y Dmitry Lopashchuk
International Cooperation in Investigating Economic Crimes of Transnational Nature
legislation on this basis; (2) development and conclusion of international
agreements and other documents regulating organization and procedural
bases of activities performed by international justice bodies of international
law enforcement organizations and other bodies, as well as cooperation of
states in their ght against crimes; (3) formation (on contractual and other
international legal bases) of international justice bodies, international law
enforcement organizations and bodies; (4) prevention of planned crimes,
including by means of prompt and search actions in necessary cases; (5)
provision of legal assistance in the sphere of criminal justice; (6) activities
of international courts (tribunals) and other international justice bodies
related to criminal proceedings in cases of crimes, criminal prosecution
and punishment of persons guilty of crimes they committed; (7) execution
of criminal penalties imposed by international courts (tribunals), other
international justice bodies, as well as foreign courts; (8) post-penitentiary
inuence; (9) development of standards for crime prevention and criminal
treatment, coordination of activities in the ght against crime at the
international level; (10) provision of nancial, professional, technical and
other assistance in the ght against crime” (Volevodz, 2007).
For example, key international law enforcement organizations acting
in the sphere of prevention and counteraction to transnational crimes in
the world include the following: INTERPOL; EUROPOL; ASEANAPOL;
AFRIPOL; AMERIPOL; GCCPOL; AIMC.
The main functions of ASEANAPOL as an international law enforcement
body in the sphere of counteracting and preventing transnational crimes
are: preparation and implementation of work plans for the eective
implementation of all resolutions adopted in annual joint communiqués
signed at the ASEANAPOL conferences; promoting and coordinating
cross-border cooperation in the sphere of exchange of intelligence date
and information; promoting and coordinating joint operations and
activities, including criminal investigations, creation and maintenance of
the ASEANAPOL database, training, capacity building, development of
scientic investigation tools, technical support and forensic investigations;
support and mutual assistance in organization of ASEANAPOL conferences;
quarterly assignment of tasks for ASEANAPOL Police Chiefs on proposals
for all planned programs and activities to be implemented; annual reports
on own activities and expenditures, which are submitted to the ASEANAPOL
Executive Committee immediately before the respective ASEANAPOL
Conference and distributed among all members and the ASEANAPOL
Conference.
Regarding the relations between Ukraine and this regional law
enforcement organization, no active cooperation has been observed in
recent years. Law enforcement agencies should pay attention to this and
establish eective mechanisms for cooperation with ASEANAPOL, prepare
the necessary legal basis for such cooperation (Halaburda et al., 2021).
539
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In up-to-date conditions, AFRIPOL operates on the principles of respect
for democracy, human rights, the supremacy of law and good governance
in accordance with the Constituent Act, the African Charter on Human
and Peoples’ Rights, the Universal Declaration of Human Rights and other
relevant documents, as well as on the principles of respect for police ethics,
the principles of neutrality, sovereignty, honesty and the presumption of
innocence.
AFRIPOL members now include Algeria, Angola, Benin, Botswana,
Burkina Faso, Burundi, Cameroon, Cape Verde, Chad, Comoros, Congo,
Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabo Guinea,
Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi,
Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Nigeria,
Rwanda, Senegal, Seychelles, Sierra Leone, Somalia, Somalia, Somalia,
Africa Swaziland, Tanzania, Tunisia, Uganda, Western Sahara, Zambia,
Zimbabwe.
AFRIPOL focuses its strongest attention on the following main areas:
counterterrorism; circulation of small arms and light weapons; human
tracking; drug distribution; wildlife crimes; border management;
environmental crimes.
AMERIPOL is a short name of Police Community of the Americas
(PCA), which was established in 2007 as a continental international police
organization whose main task was to combat drug tracking.
AMERIPOL consists of 18 member organizations, including: The Royal
Police of Antigua and Barbuda, the Argentine National Gendarmerie,
the Belize Police Department, the National Police of Bolivia, the Federal
Police of Brazil, the Carabiniers of Chile, the National Police of Colombia,
the Armed Forces of Costa Rica, Costa Rica Department of Judicial
Investigation, the National Revolutionary Police of Cuba, the National
Police of Ecuador, the National Civil Police of Salvador, United States Drug
Enforcement Administration, Puerto Rico Police, the National Civilian
Police of Guatemala, Guyana Police Forces, the Haitian National Police,
the Honduran National Police, Jamaica Constabulary Force, the Mexican
Federal Police, the National Nicaraguan Police Force, the Panamanian
National Police, the State Border Service of Panama, the National Police
of Paraguay, the National Police of Peru, the Dominican Republic National
Police, the Royal St Kitts Nevis Police , the Royal Saint Lucia Police, the
Uruguayan National Police and the Trinidad and Tobago Police Service
(Leheza et al., 2021).
In the present situation, the role of international law enforcement
organizations should not be underestimated, because they bear the burden
of responsibility for successful cooperation and mutual assistance in
preventing and combating transnational crimes. Ukraine, as a participant
540
Galina Didkivska, Serhiy Miroshnychenko, Iryna Zavydniak, Inna Biriukova, Andrii Hmyrin
y Dmitry Lopashchuk
International Cooperation in Investigating Economic Crimes of Transnational Nature
in international cooperation, is still on the way to forming a regulatory
framework, but it is the legislative bridgehead that can become the
foundation for successful implementation of all long-term plans and
strategies in this direction in the future.
The primacy of the rule of law and the recognition of this principle at the
constitutional level is an important factor in strengthening international
cooperation in the sphere of investigating economic crimes of transnational
nature. Measures aimed at strengthening supremacy of law and respect for
international norms in the sphere of human rights and freedoms are also
directly related to strengthening cooperation and international cooperation
in investigation of economic crimes of transnational nature. Authorities
and institutions of the participating States involved in extradition, mutual
legal assistance or joint investigations generally fulll their obligations to
ensure legality of all acts taken for the purpose of cooperation.
Accordingly, an important factor of both improvement of domestic
criminal and criminal procedural law and forms of legal realization is
presented as constant improvement of law standards aimed at settlement
of international cooperation issues in the sphere of investigating economic
crimes of transnational nature, which takes place in the context of intensied
functioning of the International Criminal Court concerning elaboration
of general principles of law and mutual exchange of best practices of
cooperating states in investigation of economic crimes of transnational
nature (Leheza et al., 2020).
Conclusion
Thus, norms of law that belong to branches of the international public
law of legal cycle regulate activities of international law subjects in the
sphere of international cooperation in investigation of economic crimes of
transnational nature in such directions as operational and search activities,
investigations, criminal prosecution (criminal proceedings), judicial
proceedings, execution of sentences, in particular in such forms as: mutual
legal assistance, extradition, transfer of convicted persons for serving their
sentences, investigation of international crimes, crimes of an international
nature and cross-border crimes, including use of special methods of
investigation, transfer of criminal proceedings, conscation of criminal
assets, protection of witnesses and victims as well as crime prevention.
However, there are numerous obstacles that still stand in the way
of international cooperation in investigating economic crimes of a
transnational nature, including sovereignty issues, dierences in law
enforcement structures and competencies of law enforcement bodies,
lack of legislation ensuring respective powers of law enforcement bodies,
541
CUESTIONES POLÍTICAS
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lack of communication channels for information exchange, dierences
in legal systems, law enforcement approaches and priorities of states in
counteracting crimes.
Most often, these problems are exacerbated by diculties in analyzing
and enforcing various substantive law and procedural requirements of each
jurisdiction, competition, often duplication of powers of authorized bodies
acting on behalf of the participating States, or lack of sucient powers,
language issues (problems of translating provisions of international
agreements), scope of recognized and guaranteed human rights and
freedoms, privacy of private life and housing alongside with secrecy of
personal correspondence, as well as protection of banking secrecy.
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Esta revista fue editada en formato digital y publicada
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Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 72