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Political changes that took place in the USSR in August 1991, when the power of the CPSU collapsed, opened access to archives that had been completely secret before. They also made it possible to collect and analyze evidence of the criminal nature of the soviet system. In the first place, these are documents about the “Great Terror” of 1937–1938 and documents that show how Stalin and the top Politburo figures organized mass killings of hundreds of thousands of people. These documents and statistics of repression had been kept secret from the public even during “perestroika” (1987–1991). Stalin’s crimes seemed to be exposed in those years, and a special commission of Politburo studied the history of repression. To date, efforts of Society Memorial and International Foundation “Democracy” have resulted in the publication of many documents about the soviet terror and mass violation of human rights. For example, the “Democracy” Foundation established by Alexander Yakovlev published more than 50 volumes of documentary collections. Society Memorial released a CD “Stalin’s Shooting Lists”. It includes materials about how Stalin and his closest aides issued death sentences as they took up the role of the judiciary bodies. Another CD released by Memorial contains a database about repressions in the USSR. It includes more than 2.6 million names of the repressed. Th us, we now have the documentary basis for making a legal assessment of the soviet crimes. Important documents are published, such as regulations about repressions, implementation reports, and the total statistics of repressions.
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The independence of the Republic of Estonia was proclaimed exactly today 92 years ago. Today is Independence Day in Estonia. Estonia lost its independence in 1940 according to the secret protocol of the non-aggression agreement between the Communist Soviet Union and Nazi Germany and did not regain it after the end of the WWII. Th e occupation and annexation of the Baltic States was never recognised by the United States of America and other Western countries. Estonian diplomatic representations were active in the United States and the United Kingdom for the duration of the Cold War. Estonian passports issued by these representations were accepted as valid travel documents in many Western countries.
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„My mother had three wishes: returning to Latvia, seeing her brothers and our family and having a flat. All of these wishes have been fulfilled. But even today my mother wakes from a dreadful dream. Again it is night and someone is knocking at the door. Strange men enter and order her to get ready. The deportation nightmare begins, and my mother in despair thinks: “The last time it was a dream. Now it’s real.” On waking she gazes long into the empty night until she calms down and understands: she is home again. In Latvia.“ I have chosen these last lines in Sandra Kalniete’s book With Dance Shoes in Siberian Snows, a book that has been translated into 11 languages, to remind ourselves that the term “crimes against humanity” as a legal abstraction, last defined in Article 7 of the 1998 Rome Statute, is woefully inadequate in terms of fully grasping the human tragedy and its lingering aftermath for which the original crime is only a starting point. The statute concentrates on the perpetrators and their culpability. Any culture of memory must be much more inclusive and never leave sight of the victims and survivors as the direct carriers and inheritors of the memory. It must not only deal with the crime but the entire context in which the crime was perpetrated and even more – the lingering political, social, moral and psychological after-effects. The crime is with us as long as the nightmare persists in the psyches of its victims.
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Conclusion Th e Soviet Union has disintegrated. Disintegration signs originally appeared in 1960s. Practice is an indicator of the theory validity. Practice of the USSR construction has proved non-viability of the communism theory. Thus, the Marxism-Leninism-Stalinism “doctrine” turned out to be an unscientific doctrine. Th is “doctrine” belongs to the sort of sectarian ones. And the communist party that completely professes the principles laying in the construction of the USSR, cannot be considered to be a party, but rather is, a sect. There were different sects in the history of mankind. They gathered groups of people. They established, quite frequently, extremely severe rules of mutual relations between the members of a sect and finally collapsed. The Communist Bolsheviks sect has done a lot of harm to the people of the former USSR. Th e number of human victims in the USSR exceeded the number of victims that the mankind of the world has suffered throughout the history of its existence. It is necessary to understand and realize all the harm caused by communism in order to prevent such a misfortune in future. Therefore, in each country, especially in Ukraine the process of the society differentiation, into extremely rich and extremely poor is fraught with grave consequences. This process of impoverishment can be halted, first of all, by joint actions of the authorities and the society. We should build a society, specifically Ukrainian society of a predominant middle class. Uncontrolled development of oligarchic structures in the country automatically generates an antipode – communism. Therefore, the only way towards a reasonable, sustainable commonwealth is to provide beneficial political and economic conditions for the revival in Ukraine and in all other countries of a prevailing middle class. Revival and comprehensive support – that is what is necessary. Thus the main issue of our conference should be a consolidation of the nations in order to set up an international tribunal over the communism crimes as it has been made over the nazism. We should also find out who is really guilty in committing such severe crimes of communism. It could be those who had provoked Bolsheviks Communist revolt and had introduced communism principles. We should be able to figure it out by being well-informed through: legislation and true history. And to prevent such events in future, it is necessary to severely ban legitimization of the parties professing a criminal Communist ideology. Most important for, each country is to provide such conditions when the middle class of the country determines its national, political and economic development.
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Ukraine is one of the countries which suffered most from the communist regime crimes. Millions of the Ukrainians had been repressed by the communist regime since 1918 when Ukraine was occupied by Bolshevik’s troops till 1991 when at last it gained independence. Ukraine became an experimental ground for communists where they perfected scenarios of seizure of power and repressions against dissidents. Later, after 1939 these scenarios were used in the Baltic States, and since 1945 – in Central and Eastern European States. A well-known lawyer, the author of term Genocide and one of the authors of Convention On Condemnation of Genocides Rafael Lemkin called the communists policy in Ukraine a classical sample of Soviet Genocide with the following stages: repressions against intelligentsia, liquidation of Ukrainian national church, subduing of the main layers of Ukrainian people – peasants who were violently hit by artificial famine. The last step was the dispersion of the Ukrainians by means of deportation and colonization of their lands by the representatives of other nations. Lemkin saw in communist actions a clear-cut consistent plan aimed at elimination of Ukrainian nation. Apparently this plan was not similar to final solution of Jewish problem by the Nazi and did not provide for Holocaust of all the Ukrainians. However, according to Rafael Lemkin the realization of this plan would have meant that Ukraine would perish just as if all the Ukrainians were killed because it would lose the part of the nation which preserved and developed its culture, belief, unifying ideas which paved the way for it and gave a soul to it i.e. made it not just population but a nation.
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The totalitarian regimes which ruled in Russia and Germany in the 20th century left millions of civilian victims in their wake. In Germany people died in concentration camps and partly also at work camps. In the Soviet Union, they died in forests, in the cellars of the NKVD (People’s Commissariat for Internal Affairs), or in specially adapted ancient Belarusian forts and chateaux. These mass murders were top secret and this genocide was unknown until 1988. Officially the Soviet authorities only spoke about the gulags, though the gulags existed as a system of work camps. The question arises – where did the millions of victims disappear to? Russian communism was based on the NKVD and on lies, though that chalice of lies overflowed in the 1980’s and communism collapsed. Nevertheless, to this day it has not been possible to establish the number murdered by the USSR – figures from five to 70 or more million have been put forward.
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I think we all have a big problem – how to condemn communism. How to use democratic tools against a totalitarian system. Th is is our main problem. How to deal with the past. How to condemn, in a practical way, the communist system. Because we don’t have the tools. We have the seminars, like this one, where we give speeches, where we express our many views on this topic… What is the difference? Th e difference is that this is the state. Because the forensics, they have the gloves. But we don’t have gloves. We find bodies buried in common graves. But they have, practically, all the tools. They said those crimes were prescribed as ordinary crimes. Not as crimes against humanity, not as a Holocaust. Why not? Are they not similar?
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First of all, I would like to thank our esteemed guests for having accepted the invitation to this conference. It was indeed a representative selection of speakers from whom we can learn a great deal about the nature of the crimes of communism, about the causes which led to them and about the solutions which we need to adopt in order to prevent a repetition of history. I would also like to thank the organisers for the idea of convening this meeting, which was not only about describing the past, but also the present and the ways in which the post-communist countries are coping with the shadows of totalitarianism. And of course also about the future, about seeking ways how to prevent any future possible loss of our freedom. Because it is the future and freedom which should be on our minds above all. History never repeats itself literally. “Real socialism” in its concrete form belongs to the past. And the practices of the current communist regimes differ from one another widely, oftentimes like fire and water. It is not sufficient to state simply that the essence of communist crimes lies in the elimination of democracy. Their essence lies above all in the elimination of freedom.
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Organized crime and terrorism represent, undoubtedly, the two most serious contemporary non-military threats to national and international, as well as regional security. Although they are two substantially different forms of crime – the first has mainly property and the second has ideological-political character, their symbiosis is happening more and more frequently in the modern world. Politics and corruption are the most frequent and the strongest cohesive factors – connective tissue. “School example” that entirely confirms this hypothesis sure is “criminal reality” that has existed for years in Kosovo and Metohia and has escalated in the last ten years. While outlining the problem and subject of our research we won’t go into details concerning normative determination of organized crime and terrorism, considering them as already well known categories. We will deal more with the politics in Kosovo and Metohia. We would attempt to cast light on the part of mechanism the international organized crime and international terrorism used to create the “false state” and named it (“independent and democratic”) “Republic of Kosovo”.
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In this work the author talks about the fact that the activity of Albanian groups of organized crime from Kosovo and Metohia attracts already for many years the attention of many domestic and foreign experts. It is talked in expert, but also laymen circles in Western Europe and the U.S.A. about the fact that a very strong and intensive activity concerning above all the drug-trade, but also other activities of organized crime, has been developed in several previous decades. The author lists in that sense numerous reports and documents from which it can be deducted that the activities of Albanian mafia groups from Kosovo were not at all unknown to the western publicity. On the other side, however, as the author cites in the second part of this work, just the legal state political structures and structures of organized crime are very often in a certain cooperation concerning the realization of some goals and interests that are covered, and the author there cites numerous examples from the history about how the state and the mafia have collaborated successfully: from the medieval age and the period of colonization of South and North America and the time of the Opium wars in China, up to the time of the war in Vietnam. At the end, Жiriж talks also about some other social, economic, historical, psychological and other characteristics of the Albanians from Kosovo that have enabled them in the last years to build a very powerful, respectable system of organized crime. That was neglected from the part of the world publicity for many years.
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Accepting the notion of understanding the transition like a combination of deep political, legal, economical and social change within society, with purpose for its fundamental transformation, which can cause dramatic changes, in this paper we start from the premise that transition processes are not only positive but also have negative side (which among other things, expressed through juvenile crime). In this sense, in this paper we have tried to show (description level) the link between the process of transition (specific for the so-called countries in transition), and juvenile crime, whose carriers are representatives of the population which, regarding its main characteristic- age, more specificaly minority, and other biopsycho-social characteristics, belongs to vulnerable groups. In the context of the object and purpose of this paper, are examined this following issues: the concept of transition, a brief overview of the situation in Macedonia after "decomposition of SFRY", transition as a determinant of phenomenology of crime, the impact of transition on young population, and some phenomenological characteristics of juvenile crime in our country during the period of transition. Finally, we suggest juvenile crime to be subject of further deeper researches that will identify not only the phenomenological characteristics of this type of crime, but also to provide enough relevant data that will give answer to the more complex question of the etiology of crime based on objectively determined influence of transition.
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Misuse of narcotics is more and more our reality and its explicit tendency is increasingly destructive against the existing state of affairs. More precisely, negative consequences of use of narcotics as well as of crimes connected to them, and particularly the organized crime, are spreading around the globe assuming disastrous dimensions. In spite of the fact that international community has reacted to the situation with a determined strategy applying coordinated instruments in the struggle against the misuse of narcotics, the negative trend still continues. There is no doubt that states invest considerable efforts and enormous resources to put under control this negative social phenomenon. Approaches in that respect differ from country to country due to numerous and variable factors (economic, social, cultural…). The question is: repressive or liberal methods? Special attention in the present paper is paid to the explanation, i.e. monitoring and evaluation of appropriate modalities in preventing and suppressing that negative phenomenon. The optics used are, in a way, the September 2009 Law on amending the Criminal Law, and several more important concept innovations (or those implicitly based on a theoretical conception) as well as criticism of certain new incriminations specified in that Law.
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In this paper authors are trying to present transitional problems and boosts in the international police cooperation. In this endeavor they are giving at large presentations of key figures in this field, as like INTERPOL, EUROPOL, SECI center with a specific connection in two specific areas. Those are trafficking in human beings and sexual exploitation of children, especially in the field of abusing internet resources. With representation of resources of mentioned organizations, and their special forces in the named field, the authors are trying to connect some loose ends, existing in our courtyard displayed in the Serbian legislation in the matter. In this project they are giving some directions presented by key organizations in the field, and what is very interesting the one can see the discrepancies in acting by this directions. The bottom line is that we have to engage much more action in reflecting these directions, and to become one working wheel in this type of the machine for combating the crime.
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American prison system is organizationally complex, with several jurisdictions and many penitentiary institutions. Divided jurisdiction between federal, state and local authorities from one side, and many kinds and types of prisons from another, make this prison system complicated and disunited. Thus there are inexplicable differences in conditions, standards and many other issues from state to state. American penologists look toward the future of state control of crime with much of anxiety. Enormous rise of a number of prisoners, an inefficacy of correction system and lack of really efficient corrective programs capable of correcting prisoners’ behavior strengthen a dark foreboding of the future in this field. The construction of prisons primarily for isolation of prisoners, not for ther behavior correction gets more and more frequent. At the end of 2006 there were 2.333.331 persons in prisons or jails in the USA or one-in-98 residents, presenting the biggest prison population rate in the world. From one year to another the number of prisoners rises by an average of 3.7 per cent. In recent years there has been noticed a tendency of increasing of number of prisoners in federal and state prisons while the numbers of prisoners in local prisons have been decreasing because of lack of resurces at the level of local community. As a reaction to permanent growth of prison population and more and more distinct danger to the safety of citizens, it has been developing the idea of super-maximum custody or ’supermax’. These prisons are described as “prisons of the future“ that should serve a purpose of harsher sentencing of those who are too violent, or for settling of those prisoners who must not be placed together with usual prison population.
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The collection is dedicated to the current criminal legal policy pursued in relation to the prevention and fight against crime. Different points of view are presented – criminological and criminal law. The relevant problems are analysed from theoretical and practical viewpoint.
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