Countering piracy activities. Pirates against freedom of navigation. Non-profit Partnership of Software Product Suppliers

Legal means of combating piracy are closely intertwined with organizational means.

The anti-piracy authorities include the police (including the port police); naval and air forces; border service; Coast Guard (USA, Canada, Australia, etc.); Maritime Safety Administration (Japan); border, customs and migration authorities; Interpol, Europol and other bodies. They all cooperate with each other, as well as with similar bodies of other countries and international organizations.

An analysis of the measures taken by states in the fight against maritime piracy shows that the effectiveness of this fight is currently significantly reduced by the following factors:

• 1) lack of uniform approaches to the implementation of measures in this area at the international and state levels;
• 2) a legal framework that does not meet the modern needs of combating maritime piracy;
• 3) insufficient level of interaction between the competent authorities of states in the fight against piracy, both at the state and international levels;
• 4) the absence in many coastal states of specific national programs to combat piracy;
• 5) lack of a clear division of competence in this area between law enforcement agencies;
• 6) low level of scientific and technical cooperation between states in creating a unified system for monitoring the surface situation at sea;
• 7) insufficient technical equipment of law enforcement agencies, the absence in most states of modern ships and technical means of communication and detection that ensure effective counteraction to the modern criminal world at sea;
• 8) the lack of a generally recognized legal framework on the issues of self-defense of ships and the protection of maritime navigation from armed attacks by pirates;
• 9) weak educational and material base for training employees of law enforcement and other government agencies called upon to combat these crimes at sea, as well as the low level of training of ship crew members on issues within their competence;
• 10) a small amount of fundamental research in this area;
• 11) insufficient participation of some international organizations in maintaining law and order at sea.

At the same time, there are international organizations, especially the IMO, that are striving in every possible way to coordinate the actions of states in the fight against piracy and terrorism at sea. IMO plays a prominent role in developing recommendations for the prevention and suppression of piracy and armed robbery against ships. The provisions of such recommendations are reflected in departmental regulations, are implemented in practice by shipowners and ship captains, and are taken into account in the activities of government bodies involved in ensuring the safety of maritime navigation and protecting other interests of our state at sea.

But many coastal states do not take adequate measures to ensure the safety of navigation off their coasts and prevent pirate attacks. In this regard, shipowners and ship crews are forced to take organizational and preventive measures and self-defense measures themselves. An element of the fight against piracy is the timely notification of the IMO, the authorities of the flag state, the coastal state and the shipowner of cases of pirate attack or threat of such attack. IMO recommended that states use the communications systems provided for by the International Convention for Maritime Search and Rescue (INMARSAT and other communications systems), the Global Maritime Distress and Safety System, including emergency buoys, when making such alerts. The activities of the IMO in the field of combating piracy, developing recommendations for the protection of ships and aircraft from armed attacks at sea, in investigating cases of piracy, and in organizing regional cooperation between states in anti-piracy activities were approved in Resolution 54/31 of the UN General Assembly.

The fight against piracy is carried out to one degree or another by a number of other international organizations. These include Interpol and Europol, various regional international organizations, including the Association of Southeast Asian Nations (ASEAN), the League of Arab States (LAS), the Organization of African Unity (OAS), United Cooperation (OAU), United Cooperation IMO with the ISF (International Shipping Federation, uniting shipowners of 32 coastal states). Joint activities

The IMO and ISF began after the ISF issued a manual for seafarers with recommendations for their behavior in the event of an attack on a ship by armed criminals. The World Health Organization (WHO), the International Labor Organization (ILO), the Customs Cooperation Council (CCC) and others are also involved in the fight against piracy, among which a special place is occupied by the International Maritime Bureau (IMB), established by the International Chamber of Shipping, which was based on the Assembly Resolution IMO A. 504 (II) dated 20 December 1981 "Baratry, unlawful seizure of ships and their cargoes and other forms of maritime fraud". Since then, the IMB has been involved in various aspects of preventing and investigating illegal acts, including piracy, committed against ships. The IMB has prepared and published a number of studies on combating piracy and barratry. Such a close intertwining of the problems of piracy and barbarity is due to the fact that pirates are sometimes in collusion with ship crew members, especially in cases where the purpose of such joint activity is to capture valuable cargo, and then sink the ship and obtain insurance compensation.

The Italian journalist Luciano Filippi wrote a large article about the mechanism of the activities of pirates and their accomplices on shore and on ships entitled “Pirates in the Service of Big Business” in the newspaper “Express” (Rome), and the weekly magazine “Abroad” reprinted it in No. 19 for 1980 Mr. L. Filippi writes: “Morgans” and “Drakes” returned from oblivion, and the cry “Help! Pirates! resounds again over the waves of the Aegean Sea. Piracy is making a comeback. And if, as they say, over the past three years, about a hundred ships have “raised the black flag,” then almost 5 of them ply in the Cyprus-Liwa-Suez triangle. However, these are not the penniless pirates of Malaysia, but a completely new phenomenon: a well-organized robbery.

It all started with the rapid growth of oil-producing Arab countries. The port of Jeddah in Saudi Arabia is suffocating - ships wait in the roadstead for 5-6 months waiting for unloading. Freight costs reach fantastic levels. Greek and Cypriot shipowners took advantage of the situation, hastening to put their ships on the line in order to, as Peter Fielding, a representative of the Lloyd's insurance company in Genoa, put it, “to board profitable freight.” The freight rates they offered were naturally significantly lower than the freight rates charged by other shipping companies. The tasty morsel is attractive to everyone, so many export firms, lured by the opportunity to save on shipping costs, rushed to meet them with open arms. But soon amazing things began to happen: it was noticed that not all of these ships arrived at their destination. As a result, the losses significantly exceeded the amounts that the shippers planned to save on transportation. It seems unlikely that so many ships, albeit very old ones, could sink in such a small area. It should be noted that the Greeks and Cypriots offered ships that had previously been parked in so-called “ship graveyards” and were waiting to be cut up for scrap or, perhaps, to a random charterer. The age of such ships is usually much higher than the so-called “critical” age, which is 15 years in the world. Old ships, i.e. those built more than 15 years ago are not in demand on the freight market because they are less reliable, their insurance is expensive, and they are usually unprofitable to operate. It is cheaper to sell them for scrap and build or buy new ships. In insurance and shipping practice, old ships are usually called “floating coffins.”

Maritime fraud is a crime that is almost impossible to solve, says Eric Ellen, commissioner of the Port of London and president of the International Port Police Association, who has set up a bureau to coordinate the efforts of interested countries to combat piracy. If relatively recently losses associated with the disappearance of cargo of 2 or 3 thousand tons could be classified as limited, today we are talking about amounts that do not fit in with the composure still demonstrated by the gentlemen from Lloyd. It is estimated that those involved in piracy in the Mediterranean over the past three years have brought in at least 500 billion lire.

The favorite operation of modern filibusters is the repurchase of cargo, which is then sent to another address. All it takes is a few strokes of the brush, and a repurchased ship with a new name and a new name of the shipowner in the ship's documents can set sail again. Some shipowners whose ships were in poor condition, but were insured for a large sum, could even sink them after the end of the operation. For example, in 1979, the old tanker Seagate, which had long since served its purpose, but was insured for a large amount, was deliberately planted on the rocks. The ship was flying the Liberian flag. The North American coast was chosen as the site of the “planned disaster.”

In another case, the target of pirate fraud was the m/v Averilla, which on August 10, 1979 set sail from Singapore to Bombay with a cargo worth 10 billion liras. It sank on September 5, 1979. The rescued crew, transported in full force to Colombo, refused to testify. During an investigation launched by the Lloyd's insurance company, a special plane helped the sailors out of their predicament and flew them to Bangkok, where the crew completely disappeared, like snow in the sun. The Averilla case undoubtedly brought a lot of money to the mysterious businessmen. In addition to insurance compensation for the ship and cargo, they received money for cargo sold to someone unknown where and to whom.

Around the same time, on January 12, 1979, the tanker Salem sank off the coast of Senegal, having unloaded 194 thousand tons of Kuwaiti oil destined for Italy a few days earlier in Durban (South Africa). This time the organizers of the fraud were exposed. They lost 20 billion liras - insurance compensation for a ship that cost only 9 billion liras, and, naturally, the amount for which the cargo was insured. However, the money received for 194 thousand tons of crude oil sold to South Africa despite the established embargo ultimately ended up in their pockets. The Salem case can serve as an example of the brilliant “international cooperation” of pirates and swindlers, which only the Lloyd’s company could afford to pay for. Tanker

The Salem, launched in Sweden, flew a Liberian flag, was owned by an American company controlled from Switzerland, and was insured in England. The captain of the tanker was Greek, the crew consisted of Tunisians recruited by a person of West German origin. The tanker was eventually scuttled in Senegalese territorial waters. This whole adventure was carried out under the cover of 12 flags, to which one could rightfully add the ominous, but only “legal” one - a black flag with a skull and crossbones.

The masterminds of criminal operations, however, are the rogue Chinese pirates from Hong Kong. The Lloyd's company found that over 9 years, 16 ships of the Gulf of Hong Kong company, transporting expensive cargo, managed to sink in calm seas, and, of course, without losing a single crew member.

And yet, more often than not, ships remain afloat, undergoing only “cosmetic” treatment. So, on the ship "Denis M." 5 thousand tons of cement destined for Nigeria were loaded in Greece. During the voyage, the ship changed its name to Rigoletto, and the cement was sold in Sudan. Then "Denis M.", aka "Rigoletto", headed to Romania under the Cypriot flag and a new name - "Ocean Glory". In Romania, the ship was loaded with cement, but was identified in Port Said. However, the ship managed to escape. Who knows where it is headed now, under what name and under whose flag, for whom it makes flights!

The fate of the m/v Swift Seagull, a ship flying the Greek flag and owned by a Panamanian company, was approximately the same. Having loaded a cargo worth 2 billion lire into the holds in Livorno, the Swift Seagull headed for the Red Sea and disappeared without a trace. Also, the m/v Atensday, the fully loaded m/v Yansei, and others disappeared with a cargo of 5 thousand tons.

After the disappearance of the first ships, many began to think about “legal” piracy, the essence of which boiled down to the following: Greek shipowners, having hidden the ship in some small port of the Aegean Sea, managed to obtain an order from judicial officials to arrest their cargo while simultaneously admitting their insolvency. As a result of such an operation, the value of the seized cargo ended up in the pockets of the “legal” pirate shipowners.

Then new tricks appeared, which were resorted to, in particular, by the owners of the Betty ship. On August 16, 1979, the Betty ship weighed anchor in the Yugoslav port of Fiume (Rijeka) and headed to Jeddah, carrying steel blanks and valuable wood species on board. The total value of the wood was estimated at 12 billion liras. At the time of dispatch, “Betty” belonged to the Cypriot company Pero Shipping. On August 26, the captain of the Betty radioed that he was refueling in Pylos. But already on August 28, a message was received that the Betty had crashed. The ship, which was in “deplorable” condition, was acquired by another Cypriot company, Tanales Shipping, after which Betty turned into Five Stars and went to sea again. Someone interested in the steel billets and valuable timber that had apparently been sold as "sea wreckage" was waiting for the ship in Jounieh, a small Lebanese port.

This turn of events did not suit the sender of the cargo. Captain Ampich set off from Trieste on a search in order to trace the chain of fantastic transformations that occurred with “Betty” - “Five Stars”. Ampich overtook the cargo ship while it was unloading. And although Ampich was unable to return the cargo, he photographed the ship and demanded that local authorities seize it. But at night, when the guards were fast asleep, the Five Stars gave up mooring lines, left the port and appeared in the Greek port of Piraeus. At the same time, the ship already had a new owner and a new name - “Ares” and, in addition, a Spanish flag. Based on the photographs taken by Ampich, the Greek police began an investigation, as a result of which new names of the vessel surfaced - "Malaga" and "Black Eagle". “The pirates forced us to change our route,” explained the captain of the Betty with a wry smile. According to him, they forced him to unload the cargo in Lebanon.

Trying to bring the “case of the disappearance of “Betty”” to an end, Captain Ampich, together with FBI agents, got on the trail of the organization that led this dark scam. Her soul turned out to be a certain Genevieve Stewart MacDonald, a Canadian by nationality, who, as the Lebanese newspaper Al-Safir claimed, at the end of September 1979 was detained in one of the Beirut hotels at the moment when she was handed 200 million liras - a share for participation in the "case". Her accomplices turned out to be three Greeks.

Newly-minted pirates do not walk, limping on wooden prosthetics, along the decks of ships. They prefer cozy, secretive offices in Piraeus or subscribed mailboxes in Geneva, manipulating the documents necessary to obtain advances from banks. Indeed, every second maritime cargo piracy-fraud is the work of international gangster organizations infiltrating shipping companies, especially those that are on the verge of bankruptcy. Apparently, there is a certain “Mediterranean syndicate” that has its representatives in 17 Lebanese ports. Naturally, rogue pirates maintain excellent relations with local authorities.

With this scheme of seizure of ships and cargo, sometimes there is not even a need to move the ship from one port to another. This is evidenced by the history of the ship "Cool Girl".

A group of businessmen agreed to sell one thousand tons of palm oil to an Angolan businessman. The documents, of course, were in perfect order. They claimed that the oil actually existed and was in a warehouse in Copenhagen. To pay for the oil, the Angolan transferred several million dollars to a Swiss bank, which were obtained by fraudulent pirates. In return, they gave the captain of the Cool Girl a bill of lading for the cargo, which, of course, did not exist. The ship stood anchored in Rotterdam with empty holds for a very long time, waiting for loading to begin, until it became clear to everyone that there would be no loading. Naturally, in this case, the buyer did not show the necessary caution and did not first check whether the cargo was actually in the warehouse. He could also contact Lloyd's in England, who would confirm to him whether the palm oil was delivered to Denmark and whether it was insured, since cargo of this kind is, as a rule, always insured.

One of the conditions that fraudulent pirates skillfully exploit is that since time immemorial there has been complete trust between shipowners and banks, which, however, has been fundamentally undermined in recent decades. Until large insurance associations consider it more important to maintain confidence in their policyholder clients that they are guaranteed to receive their insurance compensation if an insured event occurs with the ship, shipowners and other insureds, including cargo insureds, will not always be due care when concluding contracts for maritime carriage, determining ports of loading and unloading, the route of the vessel, ports of call, making advance payments, hiring crew, etc. As the already mentioned E. Ellen noted, insurers “traditionally consider themselves obligated to pay all losses , compensating for losses by increasing insurance rates. Of course, they make a lot of noise about the spread of “piracy” at sea and on land, but nevertheless they refrain from providing assistance to combat this evil.” Despite numerous pirate campaigns, insurance companies only sometimes take measures to search for criminals, including through Interpol. Thus, in 1978, in only eight cases out of many dozens did they turn to Interpol asking for help.

This attitude of insurers towards their own finances clearly does not correspond to the principles of insurance and the norms of insurance laws of specific countries. Thus, in Russia, Chapter XV (“Marine Insurance Contract”) of the Merchant Shipping Code of the Russian Federation of 1999 is devoted to the regulation of marine insurance, which clearly states the rights and obligations of the parties in cases where there has been a change in the risk against which the ship and cargo are insured, up to until the termination of the insurance contract and the insurer’s obligation to pay insurance compensation. No self-respecting insurer will ignore information about changes in risk, especially when it comes to pirates, unless he is planning to go bankrupt.

Thus, according to Article 271 of the Labor Code of the Russian Federation (the article is called “Consequences of changes in risk”):

• 1) the policyholder or beneficiary is obliged to immediately, as soon as it becomes known to him, inform the insurer about any significant change that has occurred with the object of insurance or in relation to the object of insurance;
• 2) any change that increases the risk, unless it is caused by the rescue of people, ships or cargo or the need for the safe continuation of the voyage, gives the insurer the right to revise the terms of the marine insurance contract or demand payment of an additional insurance premium. If the policyholder does not agree with this, the marine insurance contract is terminated from the moment such change occurs;
• 3) failure by the insured or beneficiary to fulfill the obligation established by paragraph 1 of this article releases the insurer from fulfilling the marine insurance contract from the moment of the occurrence of a significant change that occurred with the object of insurance or in relation to the object of insurance.

The insurance premium remains entirely with the insurers unless the policyholder or beneficiary proves that the fulfillment of the specified obligation was not due to his fault.

Consequently, insurance organizations have sufficient legal capabilities to promptly influence policyholders when any additional risks arise for the insured ships and cargo. Failure to use these opportunities is equally disadvantageous for all insurance participants, but beneficial for fraudulent pirates.

To combat this type of crime, at the end of February 1992, the International Maritime Bureau (IMB) held a seminar in Kuala Lumpur (Malaysia) of representatives of law enforcement agencies and maritime transport organizations of Singapore, Indonesia, Great Britain, Japan and Malaysia, as well as the Association of Asian States on Shipping, the Singapore Shipowners' Association and the International Maritime Organization. The main issue on the agenda of the seminar was the fight against piracy and fraud in the seas of the Far East. Based on the decisions taken and the policies pursued by states in this area, on October 1, 1992, within the framework of the IMB, with the financial support of the International Chamber of Commerce and the participation of maritime transport organizations of the ASEAN states, the first regional center for combating armed robbery and piracy was created in Kuala Lumpur.

The center is staffed primarily by local personnel, including law enforcement officials, lawyers and other specialists. In addition to preventing fraud, piracy, armed robbery against ships, their detection and investigation, the center’s tasks include identifying cases of dumping of toxic substances into the sea, hijacking of ships, acts of terrorism against large passenger ships and other types of crimes. To perform these tasks, the center is equipped with communications equipment, computers, and detailed maps of the region.

The center in Kuala Lumpur works closely with the region's coast guard and police services. The center operates around the clock and collects reports on the location and movement of all suspicious and unidentified ships, receives reports on pirate attacks, and informs the coast guard and ships in the area about these facts. The center transmits reports on the activities of pirates through various communication channels, including by telephone, compiles summarized reports for interested organizations and services, declares certain areas dangerous for navigation due to the activities of pirates, assists victims in preparing statements about acts of piracy and others crimes, etc.

Malaysian maritime organizations that supported the creation of this center believe that the best and most effective way to combat acts of piracy and armed robbery against ships is to involve the police and naval forces of coastal states to regularly patrol the most dangerous areas of the sea. These plans are being implemented in practice. Based on an agreement between Indonesia, Malaysia and Singapore, joint patrol services were established in the Straits of Malacca and Singapore to protect merchant ships from pirates. Agreements have been reached on the allocation of common radio frequencies to police patrol boats of these states to more actively obtain information about these acts of piracy directly from ship captains, as well as when searching for and prosecuting criminal groups. Such forces are a prototype of future regional forces to combat international crimes committed at sea. Malaysian organizations have also supported proposals by the Indonesian and Malaysian governments to introduce fees for the passage of ships through the Strait of Malacca, so that part of it would be used to finance the operations of their police forces and navies in the fight against pirates. Of all the information provided about the activities of the anti-piracy center, only the establishment of a fee for the passage of ships through the Strait of Malacca is objectionable, since such a provision contradicts the norms of Part III of the UN Convention on the Law of the Sea of ​​1982, which establishes freedom of navigation in international straits.

Since its creation, the IMB has done a lot of work to organize the fight against piracy in various areas of the World Ocean. In addition to creating regional centers and special anti-piracy organizations, the IMB investigates specific cases of piracy, although success is not always achieved. For example, the search for the ship Ling Star, which disappeared in June 1995 while on a voyage to Singapore, was fruitless. Its crew was fully staffed by sailors of the Amur Shipping Company. The last time Ling Star, owned by a Russian-Korean enterprise, made itself known was four weeks before its disappearance. His search was carried out by the IMB, the Association for the Search of Dead and Missing Ships, and the International Committee against Piracy. The version about the possible death of the ship was rejected. It was suggested that the ship, along with its cargo and crew, had been captured by pirates.

However, despite some failures, if we compare IMB information on the fight against piracy for 15 years (from 1988 to 2003), we can see the success of such a fight in certain regions of the world. Thus, at the beginning of 1988, some data from the bureau located here were published in London. In its review, the IMB again warned of an increase in piracy, resulting in an estimate of $7 billion in port revenue in 1987. To properly appreciate this figure, it should be remembered that the total cost of freight to shipowners around the world in recent years has been in the order of $100 billion per year.

A serious obstacle to the fight against “silent” pirates (rogue pirates) was the concealment of information related to the pirates’ fraud, including the injured party. It is believed that no more than 5% of cases of offenses become known to the authorities. Only 2% of cases amounting to $157 million were actually reported to the IMB. Among the known 93 cases, 30 were associated with forgery of documents ($105 million), 11 with forgery of a charter ($16 million), 15 with insurance ($6 million), and 3 with sinking ($3 million).

Simultaneously with the appearance of these sad statistics, the Western press received a sensational message about the escape from prison in the United States of Frederick Soudan, who was sentenced in 1985 to 35 years in prison in the above-mentioned famous case of the sinking of the Salem tanker. As Lloyd's List recalled, the tanker Silem loaded crude oil in Kuwait for one of the European subsidiaries of the transnational corporation Shell. However, most of the cargo was unloaded in South Africa, after which the tanker was sunk off the coast of Senegal on January 18, 1980. The losses of the injured party amounted to $26 million. According to the FBI, after his successful escape, the “businessman from Houston” immediately left the United States.

In January 2003, the IMB published in Kuala Lumpur, where the regional office of this organization is located, a regular report on the situation in the fight against piracy. The report shows that the waters off the coasts of Indonesia, Bangladesh and Nigeria remain the favorite areas for pirates to operate, and a total of 445 pirate attacks on sea vessels were recorded in 2003, which is 20.3% more than in 2002. In addition to the waters off coasts of Indonesia, Bangladesh and Nigeria, the document notes, a large number of piracy acts were noted in the Strait of Malacca, off India and the Gulf of Aden, as well as in areas adjacent to Vietnam, Venezuela and the Philippines. Unlike previous years, Somalia is not on this list, although previously the situation off its coast was considered the most dangerous in the world. However, this “improvement” is only due to the fact that in northeast Africa, navigation in the waters of this country has practically ceased due to constant attacks.

As a result of the sea pirate attacks of 2002, according to the IMB alone, dozens of people were killed and hundreds were injured, not to mention many hundreds taken hostage. IMB has noted an increase in the number of well-planned pirate attacks on large tankers, especially in the busy Strait of Malacca, the main shipping route for oil from the Middle East to the Pacific Ocean. According to experts, pirates attack these giant ships from different directions on high-speed boats and actively use automatic weapons. Against the backdrop of a general increase in pirate attacks, the situation, according to the IMB, has improved significantly in the waters of Thailand, Singapore and Malaysia, as well as off Ecuador, Cameroon, Gabon and Guyana, where authorities were actively fighting sea pirates last year.

• Romashev Yu. S. On the problem of developing a strategy for combating crimes of an international nature at sea // Crime: combat strategy. M., 1997. pp. 203-208. Code of Merchant Shipping of the Russian Federation. Commentary / edited by G. G. Ivanova. M., 2000. S. 457-458. Maritime law. UN Convention on the Law of the Sea. pp. 16-21.
• Disappearance // Today. 1995. July 29.
• For whom the prison is crying // Marine fleet. 1988. No. 6. P. 56; Pirates of the XXI century // St. Petersburg Gazette. 2004. 29 Jan.

INTRODUCTION

CHAPTER 1. FUNDAMENTALS OF LEGAL REGULATION OF THE COMBAT PIRACY

1 Modern piracy: concept, main characteristics and types

2 Characteristic features of piracy according to the Criminal Code of the Russian Federation

CHAPTER 2. INTERNATIONAL LEGAL REGULATION OF PIRACY: PROBLEMS AND PROSPECTS

1 International Anti-Piracy System

2 Measures to combat piracy

CONCLUSION

LIST OF SOURCES USED

INTRODUCTION

The relevance of the research topic is predetermined by the high degree of public danger of such an act as piracy, as well as the rapid increase in the number of registered pirate attacks on aircraft and ships.

Cargo shipping companies are forced to develop routes that avoid areas where pirates often attack. This naturally leads to an increase in freight costs.

It should be noted that the actions of pirates often lead to the death of crew members and passengers, causing property damage, material losses to the owner of the ship, and environmental pollution.

This situation urgently requires a timely and complete solution. The measures taken by the world community are currently insufficient and not fully effective.

This necessitates further study of this area and the development of new methods and ways to solve the problem under consideration.

In legal science you can find quite a lot of works on the topic under consideration.

However, it should be noted that the aspect of the international problem of piracy was not touched upon in these works. They were devoted to the legal regulation of the fight against piracy in the Russian Federation. It is impossible to single out studies that comprehensively consider protection against piracy in international law.

The purpose of the work is to study international legal problems in regulating the fight against piracy.

To achieve the goal, it is necessary to solve the following tasks:

1.Describe the basics of legal regulation of the fight against piracy, identifying the characteristic features of piracy.

2.Identify problems and prospects for international legal regulation of piracy.

The object of the study is public relations in the field of international maritime piracy.

The subject of the study is international and domestic standards in the field of protection against piracy.

Various methods were used in the study. Among the main ones, it should be noted that there are methods common to science, such as analysis and synthesis, induction and deduction, comparison, as well as special ones, which include structural-functional, system analysis, method, comparative legal method, formal legal method.

The structure of the work is predetermined by the purpose and objectives of the study.

The work consists of an introduction, two chapters, a conclusion and a list of sources used.

CHAPTER 1. FUNDAMENTALS OF LEGAL REGULATION OF THE COMBAT PIRACY

1.1 Modern piracy: concept, main characteristics and types

In international law, piracy is the unlawful seizure, robbery or sinking of a commercial or civilian vessel committed on the high seas by privately owned or government vessels.

The history of the fight against maritime piracy dates back to antiquity. Many scientists say that piracy arose along with shipping. Even in ancient times, the Phoenicians were engaged in piracy. Later, the Greeks also became pirates. Over time, piracy in the Mediterranean basin reached such proportions that it began to threaten the existence of the Roman Empire. Not limiting themselves to sea robbery, pirates landed on the shore and robbed on the roads. One day, almost at the very gates of Rome, they captured two praetors along with their accompanying lictors for ransom.

During the reign of the dictator Sulla, Julius Caesar had to face pirates, be captured by them, remain in captivity for thirty-eight days, be ransomed for a large sum of money at that time and, most importantly, deal with his offenders, acting quickly, clearly, without even in accordance with his lack of the right to impose death sentences. Three hundred and fifty pirates he captured were executed, and thirty leaders were crucified on crosses. After this, Caesar continued on his way to the island of Rhodes to serve his exile on the orders of Sulla and arrived in time at this magnificent tract of rhetoric.

With the fall of the Roman Empire, trade declined. Consequently, piracy also disappeared. Only in the Middle Ages did trade revive and, along with it, maritime robbery resumed.

Until the end of the 18th century. The pirate fleet differed slightly from the merchant fleet. A merchant ship did not hesitate to board a merchant ship.

Over time, the attitude towards piracy changed, the phrase appeared: “Pirata hostis humahi generis”, which means: “The pirate is the enemy of the human race.”

For quite a long time, piracy was considered an international criminal offense under customary law, and it was interpreted differently in different countries. For example, when the crew of the Santa Maria in Portugal in 1961 joined the rebels who captured the ship, they were declared pirates.

Currently, piracy is an extensive and dynamic system, with about 100 pirate groups. At least 20 large banks with branches in Asia and Africa are engaged in servicing these groups. The ranks of pirates are replenished by individuals recruited by large companies of international importance, the number of which is approaching 40 companies.

Piracy is a type of criminal business, creating a danger to merchant shipping and air transportation.

It is believed that the most dangerous region, where attacks by sea pirates often occur, is Southeast Asia, the Strait of Malacca area and the African coast. It is in this territory that piracy is a real scourge. Pirates' prey includes bulk carriers, small passenger ships, fishing vessels, and private yachts. In Malaysia, with the support of the International Maritime Organization at the UN, an Analytical Center on Piracy Problems was created.

In international law, issues of piracy have been studied for a long time. But to date, not a single special treaty on combating piracy has been developed. These issues are considered directly in conjunction with other issues regarding the use of the high seas set out in the 1958 Geneva Convention on the High Seas and the 1982 UN Convention on the Law of the Sea.

Before the Geneva Convention on the High Seas, piracy was a crime under customary international law. And custom is easily susceptible to contradictory interpretations, which is why a wide variety of definitions of piracy have been found in the legal literature.

Article 101 of the 1982 UN Convention on the Law of the Sea is similar to the definition of piracy set out in the 1958 Convention on the High Seas and describes it as “an unlawful act of violence and seizure... committed for private purposes... on the high seas or other place outside the jurisdiction of any state."

The Rome Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, adopted in 1988, and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf have not fully addressed the identified deficiencies in the definition of piracy.

The Rome Convention does not extend its jurisdiction to the territorial waters of states, based on respect for their sovereignty. The parties to the Rome Convention adopted a Protocol that is only optional. He points out that platforms on the continental shelf may be the site of maritime robbery.

If piracy was committed in the territorial waters of a state or in another space over which its sovereignty extends, then the actions are assessed under national law.

Any state can adopt its own rule prohibiting piracy. At the same time, the norm should be universal in nature and realize the possibility of bringing to criminal liability for piracy acts committed in any place and in any situations.

1.2 Characteristic features of piracy according to the Criminal Code of the Russian Federation

Responsibility for piracy is provided for in Article 227 of the Criminal Code of the Russian Federation, enshrined in Chapter 24 “Crimes against public safety.”

The direct object of piracy is the social relations that develop in the sphere of ensuring the safety of sea and river navigation. Taking into account the selfish orientation of this criminal attack, an additional object is the relations arising in the sphere of property. In addition, the violent nature of piracy obviously presupposes the presence of an additional object in the form of social relations that develop regarding the protection of the right to life and health.

Piracy is defined in the Criminal Code of the Russian Federation as an attack on a sea or river vessel, committed with the use of violence or the threat of its use. An attack as a socially dangerous act is a clearly expressed violent influence on a ship, its crew or passengers with the aim of taking possession of someone else's property.

It should be noted that the definition of piracy in the Criminal Code of the Russian Federation differs significantly from the interpretations of this action contained in international acts. If in international conventions piracy means any unlawful act of violence, detention or robbery committed for personal purposes by the crews of privately owned ships on the high seas or in another place outside the jurisdiction of any state, then the Criminal Code of the Russian Federation defines piracy as “an attack on a maritime or river vessel for the purpose of taking possession of someone else’s property, committed with the use of violence or the threat of its use.” The above definition, although based on the definition of piracy in international law, is narrower.

Only sea and river vessels are named as the subject of encroachment in Article 227 of the Criminal Code of the Russian Federation. A mercenary attack on an aircraft within the limits of national jurisdiction is not covered by the scope of piracy under this rule. The purpose of a pirate attack is defined too narrowly.

In a pirate attack, the target of the violence is not necessarily an individual. An attack may consist, for example, of shelling a ship, ramming it, boarding it, etc.

He named, for example, “sinking of a ship, shelling, aerial bombardment, killing crew members or passengers of an attacked ship” as methods of committing piracy. The purpose of violence is always a psychological impact on the crew and passengers of the attacked ship, in an effort to paralyze their will and desire to resist the actions of pirates to seize property.

Like robbery and banditry, the legislative structure of piracy is formulated on the principle of a truncated composition, therefore piracy will be considered a completed crime from the moment the attack is committed. Thus, the very fact of forcible detention of a ship should be considered a completed crime, not even taking into account the fact that it may subsequently be released, as well as the pursuit of a ship, accompanied by the use of physical or mental violence.

Piracy is committed with direct intent, in addition, the subjective side includes a special goal - the seizure of someone else's property. The ship itself, its individual components and assemblies, including weapons and equipment, cargo, and personal belongings of crew members and passengers can act as someone else's property. Attacks committed for other purposes, for example, to provoke military action, complicate relations between states, and take hostages that do not involve the seizure of property, form other crimes. In this case, it is possible to qualify according to the totality of crimes.

The subject of piracy is a sane individual who has reached the age of 16. Taking into account the introduction into the Criminal Code of the real principle of the operation of criminal law in space, persons who committed pirate attacks on Russian ships are subject to liability under the Criminal Code of the Russian Federation. The real principle of the operation of criminal law in space was first enshrined in the criminal legislation of Russia (Part 3 of Article 12 of the Criminal Code of the Russian Federation). It consists in the possibility of bringing any person, including a foreigner and a stateless person, to justice under the Criminal Code of the Russian Federation for a crime committed abroad, if it is directed against the interests of Russia, as well as in cases provided for by an international treaty of the Russian Federation. The interests of Russia should be understood not only as state interests, but also as the interests of Russian citizens.

Issues related to the content and application of piracy are not limited to the above. The very construction of this crime is unsuccessful. Firstly, the formulation of piracy as a type of robbery assumes that attacks are always carried out with the aim of taking possession of someone else's property (the ship itself, its cargo, the property of passengers, etc.). However, this Convention prescribes that attacks without the intention of taking possession of someone else's property (for example, with the intention of sinking a ship) should also be classified as piracy. Taking into account the fact that international law takes precedence over national law, it is puzzling that the domestic legislator limits the scope of application of Art. 227 of the Criminal Code of the Russian Federation.

Secondly, the essence of piracy as a type of criminal activity is not reflected in its composition. Based on the content of this norm, pirate activity can be carried out by one person, since the sign of an organized group is qualified. This approach is absurd. Piracy is a highly organized type of criminal activity that requires the involvement of a significant number of different individuals. In addition to those who attack, people are needed who will sell the stolen goods, negotiate a ransom, arm the pirates, supply them with information, etc. That is why the 1982 Convention classifies as piracy not only the attacks themselves, but also incitement to them, and the provision of any assistance in piracy activities. On this basis, we believe that piracy is a crime that initially belongs to organized crime. Therefore, piracy activities are possible only as part of an organized group or criminal community.

Thirdly, the content of the crime does not correspond to the goals of introducing Art. 227. When designating the composition of piracy as a crime against public safety, the legislator took into account the fact that this type of criminal activity creates difficulties for maritime navigation. The purpose of this norm, it seems, was to fulfill Russia’s international obligations to combat piracy as a phenomenon. And in this sense, the effect of the norm should be aimed at combating the presence of pirate groups, and not at protecting specific ships from pirate attacks.

Based on the above, it must be said that Art. 227 of the Criminal Code of the Russian Federation must contain a crime that describes piracy as a type of organized criminal activity aimed at carrying out armed attacks on sea vessels. In this case, the composition of banditry will be closest in design and content to piracy (Article 209 of the Criminal Code of the Russian Federation). Thus, it is more appropriate to call piracy “maritime banditry” rather than “maritime robbery.”

Conclusion: piracy criminal criminal business

Formulating piracy similarly to banditry would eliminate all the previously mentioned shortcomings of Art. 227 of the Criminal Code of the Russian Federation. In this case, the rule would take into account the organized nature of pirate activity, the intention to attack ships, and would be aimed at combating the presence of pirate criminal groups. In addition, the proposed formulation solves the problem of distinguishing between piracy and robbery. The elements of piracy would include the creation or membership of a criminal group, but not the piracy attack itself. Thus, to qualify pirate attacks, it would be necessary to impute the totality of Art. 227 of the Criminal Code of the Russian Federation and Art. 162 of the Criminal Code of the Russian Federation.

It is also important to pay attention to the fact that in order to strengthen criminal repression for attacks on ships, Art. 162 of the Criminal Code of the Russian Federation is a qualified sign providing for a robbery attack on these objects.

It should be noted that the State Duma is currently discussing a project to amend the Criminal Code of the Russian Federation, namely Art. 227.

However, under international law, piracy covers acts committed on the high seas. In addition, the current law does not take into account the vessel’s flag, form of ownership, type and type of vessel.

CHAPTER 2. INTERNATIONAL LEGAL REGULATION OF PIRACY: PROBLEMS AND PROSPECTS

2.1 International anti-piracy system

The fight against piracy at sea is one of the main global problems, the solution of which directly depends on the system developed and implemented by states. Organizations of an international nature occupy a special place in such a system.

Currently, the main organization created to strengthen peace and maintain security in the world is the United Nations (UN), which has representatives from 193 states.

The General Assembly was created in 1945 as an advisory, policy-making and representative body. Issues related to piracy began to appear more and more often on the agenda of the Assembly's meetings. During the discussions, measures are taken to combat it. It is necessary to note the adoption of the provisions of the Geneva Convention on the High Seas of 1958. and the 1982 UN Convention on the Law of the Sea.

It is worth noting the 1985 Resolution adopted by the General Assembly, which recommends that the International Maritime Organization study in detail issues related to terrorism and, as a result, take specific measures. This act resulted from a pirate attack on the liner Achille Laura. The more active pirates become, the more active international organizations begin to act, the more often proposals and projects are submitted for consideration by the General Assembly. Thus, at the 65th session of the Assembly, innovative provisions for qualifying actions falling under the definition of maritime piracy, as well as the creation of a single international body, were discussed.

Quite often people are accused of declarativeness and low effectiveness of the UN measures taken. M. Voitenko said that “the best way to be captured by pirates is to follow the directions of the UN.” Mikhail Dmitrievich Voitenko is a Russian journalist in the field of maritime topics. Played a significant role in the rescue of the crew of the motor ship Faina, the liberation of the cargo ship Lehmann Timber and the events surrounding the capture of the Arctic Sea. This statement was born due to the fact that the UN does not encourage the use of weapons against pirates and welcomes the solution of problems for peaceful purposes, although practice shows that peaceful negotiations cannot solve the problem of piracy. LEHMANN TIMBER - German cargo bulk carrier Lehmann Timber. It became famous in connection with its capture by Somali pirates in the summer of 2008. According to the editor-in-chief of the Maritime Bulletin-Sovfracht, Mikhail Voitenko, this situation was out of the ordinary. This was the first time in the history of Somali piracy that, as a result of protracted negotiations, the crew of a ship experienced a shortage of fresh water, food and fuel.

"Arctic-Sea" (English: Arctic Sea, "Arctic Sea") is a Uglegorsk-class vessel, an ice-class timber carrier with a double hull. Received great fame in connection with the kidnapping in July 2009.

Many people have a negative attitude towards the practice of paying ransoms to pirates.

In the field of security, the UN Security Council implements the activities of the UN. It is this body that takes and develops specific measures aimed at countering piracy.

Security Council resolutions condemn the actions of pirates and propose specific measures aimed at combating them. A particularly significant event was the adoption of UN Security Council Resolution No. 1816 of June 2, 2008, which contained proposals for conducting anti-piracy operations regarding Somali pirates and indicated measures taken against pirates. For example, freezing the accounts of those individuals who collaborated with pirates; allowing warships to enter the Somali territorial sea with the permission of the government, imposing an embargo on the import of weapons into Somalia.

Security Council Resolution 1373 established the Maritime Safety Committee (MSC) and the Maritime Safety Committee Executive Directorate. The highest body of the organization is the Assembly of Member States. There is also the IMO Council, consisting of 40 states, which includes Russia. In addition to the Assembly, there are 5 committees within the IMO:

Maritime Safety Committee (MSC); Marine Environment Protection Committee (MEPC); Legal Committee (LEG); Technical Cooperation Committee (TCC); Facilitation Committee Formalities of Shipping (FAL), as well as 9 subcommittees (as part of the MSC or MEPC) and a secretariat headed by the Secretary General. These bodies took measures to counter international terrorism, which, as mentioned above, has a very close connection with piracy.

With the increasing threats to shipping, it was decided to create the International Maritime Organization (IMO) - an international intergovernmental organization, a specialized agency of the UN, which serves as an apparatus for cooperation and exchange of information on technical issues related to international merchant shipping. Established on March 6, 1948 in Geneva with the adoption of the Convention on the Intergovernmental Maritime Consultative Organization (IMCO), which is a coordination center uniting the efforts of the world community in the fight for the safety of maritime navigation.

The IMO consists of a Council and five committees, one of which (the Maritime Safety Committee) directly deals with maritime security issues. The IMO is studying the causes of piracy and proposing measures to combat it.

Thus, “Measures to Prevent Unlawful Acts against Passenger Ships” were adopted, and in March 1986 a meeting was held in San Jose, where specific measures against terrorism were developed. For example, creating a system to obtain information about upcoming terrorist attacks.

In 1988 The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation was adopted in Rome. It classifies actions that infringe on freedom of navigation. These include, for example, injury to a person, hijacking a vessel, and destruction of marine navigation equipment.

The most important act of the IMO is the International Convention for the Safety of Life at Sea (SOLAS-74), the main task is to determine the minimum standards that meet the safety requirements for ships.

If the ship does not meet the requirements, it may be detained or not allowed into the port.

Currently, the IMO coordinates the activities of its members in the development, adoption and implementation of measures and methods to combat acts that infringe on freedom of navigation. The organization also keeps statistics.

A special role in the system of bodies and institutions involved in the fight against piracy is occupied by Interpol, an international organization that unites national law enforcement agencies in the fight against crime at the international level. In the field of combating piracy, Interpol builds its work in three areas:

1.Increasing the efficiency of the mechanism for generating an evidence base.

2.Accelerating and facilitating the exchange of information between states.

.Improving the quality of law enforcement at the national level.

It should be noted that not only intergovernmental organizations, but also non-governmental ones are involved in the fight against piracy.

Among the main such organizations, the International Maritime Bureau should be noted. A Center for Piracy Issues has been created within the structure of this organization. This center provides information about acts of piracy at sea, terrorism, and robbery. The activities of the Center will be discussed below in the work. The Bureau has observer status with Interpol.

The International Chamber of Shipping unites the interests of representatives of all sectors of maritime transport. This Chamber cooperates with the IMO and other non-governmental organizations.

International Association of Independent Tanker Owners Intertanco, whose opinion is quite significant in resolving issues related to piracy. It is this Association that initiates various measures against piracy (for example, blocking the coastal waters of Somalia by NATO forces).

The Baltic and International Maritime Council (BIMCO) deals with issues of uniformity of maritime policy and brings together ship owners, ship brokers and agents.

The owners of dry cargo ships have created their own organization, Intercargo, which works closely with governmental and non-governmental organizations to solve problems with piracy. Member of the informal organization "Round Table", which in its most general form represents the position of non-governmental organizations in the fight against maritime crime.

Unique is the movement that has united organizations, bodies and various structures of international and regional significance - “Save our sailors”. This organization focuses on the socio-economic essence of piracy and protects the rights of not only seafarers, but also members of their families who have become victims as a result of the actions of pirates. This movement is also engaged in propaganda work, sending petitions to state governments to take any measures to suppress piracy.

Significant programs and activities to combat piracy are being developed at the regional level. Among the regional organizations that fight piracy are the Anti-Piracy Agency in the South China Sea (Thailand), the Asia-Pacific Council for Security Cooperation, the Contact Group on Combating Piracy off the Coast of Somalia, and the Regional Center for Combating Piracy (Malaysia), etc.

Particular attention should be paid to the measures taken by NATO, the largest military-political bloc and an active member in the fight against piracy.

NATO organizes patrols with warships in areas that suffer from pirate attacks.

It should be noted that NATO's main operation, Ocean Shield, began operating in 2009. Navy warships, mainly the United States, are actively participating in this operation and are patrolling the Horn of Africa region, providing assistance to those ships that have become victims of pirates.

Within the European part, Europol, which has 27 members, plays a major role in the fight against pirates. Europol recognizes as a priority those issues related to security. Together with Interpol, he developed the “Maritime Piracy” program.

For Russia, piracy issues are also relevant. Russia takes an active position in solving problems. Thus, the head of the Foreign Ministry, in order to combat piracy off the coast of Somalia, requested the status of a “cooperating state” from the Somali government. Russia and Ukraine are preparing a joint agreement on the joint fight against piracy. Moscow invited Kyiv to use its warships to accommodate Ukrainian forces. This is due to the fact that very often Ukrainian sailors become victims of attacks by pirates.

Ships of the Russian Navy also take an active part in the international mission to combat pirates. The detachment under the command of Captain 1st Rank Ildar Akhmerov, who had recently completed missions off the coast of Africa, included the large anti-submarine ship Admiral Panteleev, the tankers Izhora and Irkut, as well as the sea tug MB-37. At the beginning of 2009, the fight against pirates was carried out by a detachment consisting of the large anti-submarine ship Admiral Vinogradov, the tugboat Fotiy Krylov, and the tankers Pechenga and Boris Butoma. And the first Russian combat unit, which, since October last year, has been carrying out the protection of merchant ships and operations against sea robbers in the Indian Ocean and the Gulf of Aden, both single-handedly and in coordination with ships of other countries, was the Baltic Fleet patrol ship Neustrashimy. Russian sailors adequately carry out measures to protect themselves from pirate attacks. The marines who were on our ships and solved problems in the fight against sea robbers were also highly appreciated.

2.2 Anti-piracy measures

The world's sea routes continue to be the main means of international trade. Statistics indicating an increase in pirate attacks indicate the need to develop legal, organizational and technical measures to prevent piracy, therefore, coastal governments and shipping companies have developed various measures to combat piracy, such as:

Legal measures.

Currently, international organizations consider piracy as an integral part of terrorism.

The protection of sea routes is becoming a priority activity for law enforcement agencies of coastal states and, first of all, countries that control the activities of the main channels and straits. The most likely targets for terrorist attacks are the Somali region, the Suez and Panama Canals, the Malacca, Singapore and Aden Straits, and pirate attacks are classified as actual preparation or cover for preparations for a large-scale terrorist attack. The basis for this is the following:

piracy has become a major threat to shipping in the straits and canals, complicating the functioning of the global trade system;

when attacking ships, it is impossible to immediately determine the goals pursued by the attackers;

It is possible that pirate attacks are undertaken to solve the material problems of terrorist organizations.

It should also be noted that numerous resolutions of the UN Security Council, which, according to scientists, are usually called political, are of increasing importance. Of great interest and relevance are those resolutions that relate to the events in the Gulf of Aden in 2008 - 2010. For example, the role of Resolution 1816 (2008), adopted by the UN Security Council at its 502nd meeting on June 2, 2008, is significant. In this Resolution, the Security Council makes a revolutionary decision:

enter the territorial sea of ​​Somalia for the purpose of suppressing acts of piracy and armed robbery at sea in a manner consistent with piracy permitted on the high seas under the relevant rules of international law, and

use all necessary means within the Somali territorial sea to suppress acts of piracy and armed robbery.

The International Maritime Organization (IMO), established in 1948, has also contributed to the fight against maritime piracy.

The Maritime Safety Committee, established in 1998, has developed a model for national legislation to combat piracy and violent crime at sea.

International shipping organizations and mutual insurance clubs took part in the development of this document. The new legislation was based on:

the bill “Regional Agreement on Cooperation in the Fight against Piracy and Armed Robbery of Ships”;

Code "Rules for the investigation of cases of piracy and armed robbery of ships."

Dissatisfied with the effectiveness of measures to counter pirates in the waters of Malaysia, Indonesia and Singapore, shipowners issued a statement that these states should implement cooperation agreements in this area as soon as possible, and if it is impossible to resolve the contradictions, seek international assistance. However, official representatives of the governments of Malaysia and Indonesia categorically rejected any foreign military presence in the strait zones, with the exception of the navies of coastal states, and expressed their readiness to accept assistance in the following main areas:

funding for joint exercises of the navies of Malaysia, Indonesia and Singapore to patrol the straits;

modernization of navigation aids in the straits;

training of qualified specialists in the fight against piracy and terrorism.

The final declaration of the forum noted that the introduction in 2004 of joint patrolling of the strait zones by the navies of Singapore, Malaysia and Indonesia turned out to be ineffective and did not lead to a reduction in the number of incidents at sea.

In addition to legal measures, countries in the region also use force.

Forceful measures.

The most effective means of combating piracy is the navy.

However, over the past fifteen years, the Russian Navy has practically curtailed its presence in the Southeast Asian region and is not participating in the fight against piracy. At the same time, the US and British navies have reduced the number of their military campaigns in this region by 50%.

The Maritime Doctrine of the Russian Federation directly states that “intensifying cooperation with the countries of the Asia-Pacific region to ensure maritime safety and combat piracy” is one of the areas of the state’s activities. In fact, Russia is only declaring its participation in this fight, believing that today this threat is insignificant for it. Moreover, it has not yet even sought to indicate its interest in the activities of already existing international structures to combat piracy.

In the Philippines, the coast guard began to be quite successful in countering pirate attacks on ships in the territorial waters of the country and its ports. Measures are being taken for closer cooperation with seafarers' associations. In November 2003, a cooperation agreement was signed with the South Korean Marine Police. Within its framework, it is planned to exchange personnel, which should increase the level of their training.

The possibility of closer coordination between the armed forces and the maritime police is being considered.

Heads of security services of Southeast Asian countries speak out for the need to strengthen cooperation in the region to combat international piracy. Intelligence sharing and border water patrols can play a major role in this regard. These measures can prevent the movement of bandits, as well as the smuggling of weapons and drugs.

A new coast guard service was created in Malaysia - with about 500 personnel. On November 30, 2005, the forces of the new unit began patrolling the waters of the Strait of Malacca along a route with a total length of 885 km. Until 2010, it was planned to transfer 72 ships belonging to the police and navy fleets to the new service, increase the number of personnel to 4,000 people, and funding should amount to 154 million US dollars. Currently, ships only patrol the waters of the Strait of Malacca (between the Malaysian mainland and the island of Sumatra).

Measures of shipping companies.

Due to the ineffectiveness of the fight against piracy in a number of coastal states, some shipowners have begun to take their own security measures. Including:

Shipping companies navigating cargo barges in the Strait of Malacca are turning to private security agencies. However, Malaysia and Indonesia sharply opposed the use of such security measures. In late April 2005, Malaysia's Chief of Internal Security and Public Order ordered all maritime police ships to detain armed escort vessels and arrest their crew members for using heavy weapons if they were found in Malaysian waters. Escort services for merchant ships in this region are provided by the private company Background Asia Risk Solutions. The company's executive director stated that they will continue to escort merchant ships in the Strait of Malacca and other areas dangerous from pirates, since the provision of such services is based on the right of safe passage through the strait and the right to bear arms for self-defense;

The Dutch shipping company Smit has begun placing armed guards on board its ships. In addition, ships are provided with technical means for detecting objects and night vision devices, and a high-voltage fence is installed along the side. These measures were taken by the company's management after an attack on one of its tugboats in the Strait of Malacca, when the crew had to defend themselves from pirates with the help of rocket launchers.

Today, perhaps the most global problem on the Internet is the problem of Internet piracy, which is closely related to the related problem of copyright infringement. Everything is leaked onto the Internet: from music and pre-premiere screenings of films to unpublished scientific works and confidential documents. The reason for this phenomenon is, first of all, imperfect and ineffective legislation, both at the level of world organizations and at the level of individual countries. The types, methods and features of combating Internet piracy are discussed further in our article.

Types of Internet piracy

All types of Internet piracy are divided into 5 large categories:

1. Video piracy– implies the illegal distribution of copies of films or TV programs on external digital media (discs, cassettes). This happens by copying and posting on the Internet.
2. Audio piracy– copying and distribution of copies of music albums and individual compositions.
3. Literary piracy– the most obvious example of copyright infringement when electronic libraries appear on the Internet, providing the opportunity to download unpublished books, essays and other literary works.
4. Software piracy– illegal leaking of programs and software products that are still at the development stage. This type of piracy also implies the possibility of removing the protection system put in place to prevent the illegal use of copyright products.
5. Computer game piracy– one of the most common types of piracy on the Internet.

Existing legislative problems
on the issue of Internet piracy in the world and in Ukraine

The main reason for Internet piracy is the imperfect legislation of countries around the world that would regulate this issue. The lack of an effective mechanism for influencing violators, as a consequence of the failure of the legislative and regulatory framework in many countries of the world, has led to the fact that the problem has become global.

Today, the world community is trying with all its might to develop an effective mechanism that would simplify and speed up the ability to control copyright protection on the Internet. The latter is confirmed by:

• EU Electronic Commerce Directive;
• HADOPI is a law adopted in France in 2009;
• DMCA Law (USA);
• ACTA Act.

As for Ukraine, in our country the issue of combating piracy was not systematically considered until 2014, with the further development of the legislative framework and its entry into force. It is precisely because of such a negligent attitude towards a globally significant problem that the level of piracy in Ukraine has become widespread.

The current Law of Ukraine “On Copyright and Related Rights,” adopted back in 1993, provided only for the protection of property and non-property rights of copyright subjects, which did not deal with the protection of copyright and intellectual property rights on the Internet. And only at the end of October 2014, the Cabinet of Ministers approved the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Protection of Copyright and Related Rights on the Internet,” the purpose of which is to introduce existing mechanisms to combat Internet piracy.

According to the US Trade Representative, the Motion Picture Association of America and the International Intellectual Property Alliance, Ukraine has been a leading copyright infringer and distributor of unlicensed products on the Internet for several years. It is very important for Ukraine to get rid of the negative image regarding Internet piracy. This is the only way our country can attract existing business assets, and therefore large-scale investments.

Until 2014, the fight against Internet piracy was talked about in the context of piracy as a phenomenon, with little attention paid to pirates as subjects. The new draft Law involves not only blocking pirated content (including the pre-trial possibility of completely deleting it), but also sanctions against individuals (both Internet pirates themselves and those who publish their content on their web resources). So, for example, entities that refuse to remove pirated content from their resource are subject to a fine of 500 to 1000 non-taxable minimum income for failure to comply with the requirement to block illegal content that violates copyright. Those entities that refuse to identify a user of their website who is caught engaging in piracy will also face fines of similar amounts.

It is expected that this particular draft Law will help bring the legislative framework of Ukraine closer to EU legislation, which will ensure a noticeable reduction in Internet piracy in our country, and as a result, will not only improve our image in the eyes of the West, but will also have a beneficial effect on domestic culture and economy, giving the opportunity to develop the Ukrainian television market and cinematography.

Methods to combat Internet piracy

Of course, the most important method of combating Internet piracy is the reliable protection of proprietary products. However, as domestic and world practice shows, today hacking security software is more likely a separate type of Internet piracy than a method of combating it.

Today, experts identify three main methods of combating virtual piracy:

1. Education. It involves holding seminars, conferences, organizing forums where lecturers would raise this issue on a larger scale. The purpose of such events is to convince a potential virtual “thief” of the negative side of appropriating someone else’s property posted on the Internet without the owner’s permission.
2. Propaganda. Its goal is to clearly demonstrate the advantages of licensed products and the disadvantages of pirated copies. One of the effective options for such propaganda is the organization of PR campaigns in the media, focusing attention on the problems of misappropriation of copyright, theft of intellectual property through illegal copying, downloading and use of products on the Internet.
3. Power technique. Provides for identifying and bringing to criminal or administrative liability producers (distributors) of illegal products on the Internet. This method of struggle is the most effective, but also the most difficult.

Many countries have already proven the effectiveness of combating Internet piracy. Among: USA, France, Netherlands, Denmark, Sweden, Japan. The effectiveness of their methods lies not only in the legal regulatory framework that properly regulates this issue, but also in the personal responsibility that citizens themselves feel, which means they do not risk breaking the law.

How they fight Internet piracy in different countries

The most loyal and at the same time effective way to combat Internet piracy was developed in France. Hadopi Law is a “three strikes” project. The violator receives the first warning about the imposition of sanctions by e-mail, the second warning is an official notification of copyright violation by an Internet user, the third warning (it is also the last) is a reason for action: an authorized special agency searches for the offender and deprives him of access to the Internet, for the period of time specified by the commission. In addition, this agency fines the law-abiding citizen a very tidy sum.

The most confusing, but at the same time loyal to Internet users, is the anti-piracy bill developed in the Netherlands. So, for example, users are allowed to download movies and music, but only if they do not pursue commercial intent. However, downloading software goes beyond the scope of this right: copying and distributing any unlicensed software is punishable by a fine. All previously existing torrent trackers, be it literature, music or cinema, are recognized as illegal and have no place on the World Wide Web, therefore the distribution of any audio, video or literary material (originally downloaded for non-commercial purposes) is punishable by current Dutch law.

Perhaps Japan took the fight against Internet piracy most seriously, having adopted a radical law: any Internet user who illegally downloaded a file from the Internet (of any content) must pay a fine of 25 thousand dollars. An alternative to paying a fine is to serve a sentence in a prison colony for a period of 2 years. If a Japanese citizen not only downloaded, but also uploaded the file from his personal computer illegally, then the fine he will have to pay will be 130 thousand dollars, or 10 years in prison in case of non-payment.

How will they fight Internet piracy in Ukraine?

Back in October 2015, as part of the reform of the law enforcement system, the head of the Ministry of Internal Affairs, Arsen Avakov, announced the creation of the cyber police, a special additional body regulating legal activities on the Internet. The main task of the cyber police will be to protect property rights in the virtual space, combat all manifestations of Internet piracy and provide assistance from online specialists.

Currently, recruitment is underway for a new law enforcement agency, which involves a certification competition for those who decide to become a cyber police officer, retraining of personnel and the creation of new functionality for the future law enforcement agency in Ukraine.

The main goal of the Ukrainian cyber police will be to combat cybercrime through implemented state policy in the areas of:

• Payment systems;
• E-commerce;
• Economic activity;
• Intellectual property (Internet piracy and cardsharing);
• Information security.

In addition, the competence of the cyber police will include: timely informing the population about crimes that have occurred on the Internet; analysis of information on cyber threats and possible cybercrimes; cooperation with foreign colleagues in this matter; introduction of advanced computer technologies to identify violations in the virtual space; 24-hour operation of contact points where any Internet user can report a violation or get advice on an issue of interest.

Be that as it may, the amount of illegal content, and with it illegal downloading, on the Internet is steadily growing throughout the world. Weak legal regulatory mechanisms and lack of personal responsibility for users are the main reasons for the growth of Internet piracy to this day. Meanwhile, a wave of protests and actions of “pirate” parties periodically sweeps across the world, advocating the possibility of free downloading of films, music and software. Their main slogan is freedom and privacy of a person and a citizen.

In international law, piracy is an international crime consisting of any of the following acts:

a) any unlawful act of violence, detention or any robbery committed for personal ends by the crew or passengers of any private ship or private aircraft and directed: i) on the high seas against another ship or aircraft or against persons or property on their board; ii) against any vessel or aircraft, persons or property in a place outside the jurisdiction of any State;

(b) any act of voluntary participation in the use of any ship or aircraft, done with knowledge of the circumstances which render the ship or aircraft a pirate ship or aircraft;

c) any act constituting instigation or knowing assistance in the commission of an act provided for in subparagraph "a" or "b".

In Russian legislation, criminal liability for piracy is provided for in Article 227 of the Criminal Code of the Russian Federation, according to which piracy is considered “an attack on a sea or river vessel in order to seize someone else’s property, committed with the use of violence or the threat of its use.”

Pirate attacks on the high seas and ports have become a serious problem and a real threat to merchant shipping. Accounting of attacks began in 1991 by the International Maritime Bureau (IMB) Piracy Reporting Center based in Kuala Lumpur (Malaysia).

Modern piracy includes attacks on merchant ships, fishing ships, auxiliary ships and other ships for the purpose of robbing crew members, plundering cargo, kidnapping ships with cargo for subsequent sale and crew members of ships for ransom. Before 1991, attacks on ships occurred mainly in the Southeast Asian region: in the Straits and the South China Sea, as the busiest shipping areas on the planet. In the late 1980s - early 90s. Some of the most pirate-prone regions in the world are the Strait of Malacca, the Gulf of Aden and the waters of the Indian Ocean adjacent to the coast of Somalia.

The annual damage to the global economy from piracy is about 15 billion euros. The Piracy Reporting Center systematically records all reported incidents of piracy and radios warning merchant ships against potentially dangerous voyages in the South Seas. Statistics today note not only the steady growth of piracy, but also its ever-increasing cruelty. Today, there are three types of pirate attacks: the seizure of ships by armed gangs of pirates on the high seas or in harbors; attacks by well-organized and armed pirate groups, accompanied by murders and seizure of cargo; well-coordinated actions of international organized groups to seize ships with especially valuable cargo.

According to statistics, 80% of all attacks at sea occur in the territorial waters of coastal states in ports or roadsteads. A weak legislative framework does not allow warships to quickly respond to incidents of piracy. In particular, they cannot enter the territorial waters of foreign states without the necessary diplomatic registration and appropriate authorization from the authorities.

The activities of modern sea pirates are characterized by sharply increased technical equipment, a high level of organization, and the presence of significant financial resources. The challenges and manifestations of modern piracy are shifted to the Near and Middle East, the Western Atlantic and the northern part of the Indian Ocean, i.e. to regions of the World Ocean where the most active ship traffic is observed. Cruise ships with large numbers of passengers on board are rarely targeted by sea pirates. Pirates prefer to attack merchant ships and tankers, the crew of which can be locked in one cabin. Any ship carrying valuable cargo can become a target for pirates.

Thus, today, maritime piracy and the closely related problem of terrorism are a new global threat, and primarily for countries with access to the open sea and the World Ocean, including Russia. Its initiators are ready for any form of violence and intimidation. To effectively combat maritime piracy, the efforts of the entire world community are required, aimed at equipping sea vessels with reliable means of protection and defense, tightening the rules of international law regarding pirates, and creating appropriate services and units for rapid response in cases of hijacking of ships.

Currently, the international community uses the following main methods of combating maritime piracy:

Convoying civilian ships through a pirate-prone area;

Patrolling a pirate-prone area;

Armed security of civil courts by employees of private security companies.

The recommendations are developed by the International Maritime Bureau's Piracy Reporting Center (IMB PRC). This method includes studying cases of pirate attacks, developing warnings to seafarers and recommended routes in dangerous areas, publishing them and distributing them among shipping companies. The disadvantage of this method is the low degree of protection of shipping from attacks by sea pirates due to the constant improvement of the technical base of pirates, which allows them to capture ships following recommended routes and even those located in the territorial waters of the most developed neighboring states.

The convoy method involves creating a temporary formation of a group of ships and warships (convoy) to ensure their safety. To implement this method, warships of the Navy or joint naval forces (Navies) are involved, for example, as part of the international operation Atalanta, a coalition of naval forces of 16 countries currently operating in the Red Sea and Gulf of Aden area. As part of an international operation, shipowners are trying to include their ships in convoys guarded by warships. However, convoying all ships at once is not always profitable from a commercial point of view, which is one of the disadvantages of this method.

Patrolling a pirate-prone area is the maneuvering of specially designated warships in designated areas or routes in a predetermined readiness to use weapons. The task of patrol ships is to control the designated area and ensure the safety of navigation by monitoring passing ships, identifying suspicious ships and watercraft, inspecting them and detaining them if there are sufficient grounds. Patrol ships must be constantly ready to assist ships that have been attacked by pirates.

Armed security of civilian ships by employees of private security companies is used when shipowners enter into agreements on the protection of their ships, most often when delivering particularly valuable cargo. Private military and security companies and “Private military companies and private security companies” (PMSC), which are non-state legal entities, have become widely known. They carry out business activities by providing military and (or) security services to individuals and (or) legal entities on a paid (usually contractual or contract) basis.

The methods listed above have both advantages and disadvantages.

The most accessible and cost-effective way is for shipowners to use in their activities recommendations for ship captains developed by the International Maritime Bureau and published by the Piracy Reporting Center. This method is also less effective, since the geographical boundaries of the areas where pirates operate are not constant.

Convoying ships and patrolling pirate-prone areas are the most expensive methods; moreover, the formation of convoys increases the delivery time of cargo, which is not always acceptable for shipowners. But in terms of the effectiveness of countering pirates, this method has a clear advantage over all others, since it relies on military force ready for decisive and uncompromising actions. In this regard, employees of private security companies are significantly inferior to military units, both in terms of weapons and level of training, and in their legal status.

In connection with these circumstances, it seems appropriate and obvious to use a method that would combine the advantages of all the methods described above. Consequently, effective military units must be camouflaged so as not to scare away pirate groups hunting for passing civilian ships, and the ships themselves must be made into tasty bait for pirates. As a bait, it is proposed to use special decoy ships with a trained military team on board, capable of providing unexpected resistance to the pirates, capturing them and subsequently handing them over to the competent authorities. Trap ships can also be equipped with special weapons for physical influence on pirates.

The use of special trap vessels implies the possible equipping of the vessel with special weapons; placement of a military unit on it, for example, a Marine Corps unit; movement of the vessel along the usual or even the most dangerous route; informing the coast guard about the valuable cargo being transported, which is attractive to pirates, and creating the impression that the ship is safe to hijack; capture of pirates in the event of an attempted armed seizure of a ship, their detention, disarmament, arrest and subsequent transfer to the competent authorities. It is possible to use several special trap vessels operating together.

Thus, the proposed method has the following distinctive properties, which allow us to draw a conclusion about its novelty: attracting the attention of pirates to the ship, which is a trap, as a tempting and harmless target (provoking an attack); psychological impact on pirates as a result of sudden resistance and destruction of the illusion of safety of maritime robbery; violation of the confidence of pirates in information received from their agents embedded in the information network of coastal services. In terms of material costs, this method is much preferable to patrolling the area and, especially, convoying ships. The effectiveness of these methods is comparable.

The expected economic effect from the implementation of the proposed method: a reduction in the intensity of piracy activities by only 10%, which is quite acceptable, will allow the world community to save about 1.5 billion euros per year.

The introduction of special decoy ships in the Russian merchant fleet will contribute to the formation of a stable opinion among sea pirates about the undesirability of committing robbery attacks on Russian ships due to the risk of being ambushed, which will ultimately be a significant contribution to ensuring the safety of maritime navigation.

Lieutenant Colonel Y. ESHCHENKO, adjunct; A. NOVIKOV, candidate of military sciences, associate professor

Literature

1. United Nations Convention on the Law of the Sea (UNCLOS) [Text] // Collection of legislation of the Russian Federation. December 1, 1997 No. 48. Art. 5493.

2. Criminal Code of the Russian Federation of June 13, 1996 No. 63-F3 [Text] // "Rossiyskaya Gazeta", No. 113 of June 18, 1996, No. 114 of June 19, 1996, No. 115 of June 20, 1996, No. 118 of June 25. 1996.

3. Voitenko M. Marine Bulletin - news feed in Russian. Maritime piracy today [Electronic resource]. Journal access mode: http://www.odin. tc>Disasters>piracy.asp, free access.

4. Petrov V. Pirates of the XXI century. 2011. [Electronic resource]. Journal access mode: http://www. mol-express, free access.

5. Vilsky G. Piracy: a new war. 2011. [Electronic resource]. Journal access mode: http://www. moryakukrainy. livejournal, free access.

6. The most effective methods of preventing acts of piracy off the coast of Somalia and in the Arabian Sea area, developed by the industry (Best Management Practices to Deter Piracy off the Coast of Somalia and in the Arabian Sea Area Developed by the Industry) as amended June 2010 // (IMO Circular MSC.1/Circ.1337 dated 4 August 2010).

But not everyone considers the value the furor that occurred.

Many seek to appropriate the invention for themselves or profit from it.

For such people there is no conscience, laws of ethics and respect.

This is, in part, why they deserve the name “pirates”, and the fight against them is ongoing at the state level.

Concept

The concept of piracy originates from seventeenth century.

Then, in England, one of the playwrights saw parts of his play in the work of one of the then minor writers.

In his incriminating article in one of the newspapers he noted that “such an act is real piracy.”

The word was picked up and later the whole world began to express it.

The first piece of legislation in which the word piracy was used, and referred to the unlawful appropriation of the merits of another, also first appeared in England.

True, then punishment for pirates It wasn't too harsh.

The term piracy came to Russia in the nineties, when the Iron Curtain collapsed with a roar and foreign film distribution began to pour into Russian culture.

In all developed countries of the world trying to fight with the phenomenon of piracy.

Everyone fights with different means, and everyone has different measures of responsibility.

This means that in each country the concept of piracy is interpreted differently, and, therefore, what is not punishable in one country is subject to liability in another.

In this particular case we are only interested in Russian legislation and how exactly this crime is reflected in the piracy law.

Piracy is the activity of appropriating objects and fruits of creativity, art, scientific inventions, and so on, without the direct knowledge of the author of these works.

This is exactly how such a crime is interpreted in our law.

But of course, if you start flipping The criminal code of our country, then you won’t see the term piracy.

And yet, it exists, although the legislator came up with a more capacious and reflective synonym for it.

Another name for piracy copyright infringement, which is quite natural and logical.

The rights of the person who had a hand in his creation are fundamentally infringed, and only criminal liability can affect justice.

In the Criminal Code, piracy is punishable by Article 146 of the Criminal Code of the Russian Federation.

It is there that such an act as computer piracy is revealed, and criminal liability is also provided for.

shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred and eighty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to six months.

shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to two years. , or imprisonment for the same period.

3. Acts provided for in part two of this article, if committed:

a) has become invalid;

b) by a group of persons by prior conspiracy or an organized group;

c) on an especially large scale;

d) by a person using his official position, -

shall be punishable by forced labor for a term of up to five years, or by imprisonment for a term of up to six years, with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years.

Note. The acts provided for by this article are recognized as committed on a large scale if the cost of copies of works or phonograms or the value of the rights to use objects of copyright and related rights exceeds one hundred thousand rubles, and in an especially large amount - one million rubles.

Species

Computer

Computer piracy is enough common type, and also very diverse.

Today, quite a lot of unique content is produced, which can be called computer information.

These include video games, and various types of programs, applications and widgets.

All of them are actively copied by pirates and become easy money.

Computer and video games

Computer video games are also constantly under attack.

Manufacturers, when putting a game up for sale, count on for direct benefit, they want to recoup their costs for its production and also make a profit from their activities.

But pirates, when buying one licensed game, provide it to a wide range of people or sell it to several citizens at a time for a better price, thereby violating the law of our country.

There have been many famous cases where a newly released game on one operating system automatically became available and users of other systems.

What can we say, pirates have learned to play video games without licenses or with fake licenses - a prime example of this.

Intellectual

Intellectual works include literature and its masterpieces, articles, night labors and other inventions that are not material in nature.

Unfortunately, it is precisely such a component as the intellectual that suffers from piracy, called “intellectual”.

Literary works

Literary works were copied many years ago and continue to be copied.

Instead of people buying books, pirates make multiple copies and make the contents of the book publicly available in one resource or another.

This hurts the authors' pockets.

On the Internet

Internet piracy - what is it?

Let's consider this question.

Criminals also engage in online piracy.

All connoisseurs know how it manifests itself. Western films.

Also, piracy on the Internet refers to other types of distribution of copyrighted programs, audio and video recordings.

Watch a video from RBC about Internet piracy:

Audio piracy

Now let's talk more about audio piracy.

Many pop stars and ordinary amateurs, having recorded audio works, seek to protect their rights to it.

This means that other citizens are not allowed to distribute these works, much less pass them off as their own.

But, unfortunately, in the Russian market we see that songs appear on many social networks that cannot be used by public users.

Video piracy

Video piracy is, first of all, obtaining video material by criminal means and its further use.

This manifests itself in the following:

• a pirate records a work of video art;
• the pirate is distributing this material.

Today, pirates copy only films that have appeared in theatrical distribution and pour them onto the Internet or sell to the general public on electronic media.

Qualifying features

The qualifying features of this crime are its commission organized group.

If only one person took part in piracy, this can be called a desire for personal enrichment.

But here is the participation of a group of people increases responsibility, the fact is then established by itself that the organized group wanted the criminal result to occur.

The fight against piracy in Russia

In Russia there is a fierce fight against piracy.

Volunteers conduct raids on video game stores, as well as audio and video products, looking for unlicensed products.

And yet, despite severe punishment and constant checks, pirates still manage to act.

Recently the law came out that all torrents on the Internet that distribute information that is protected by copyright must be closed.

Work is already underway.

Distinction from related crimes

Piracy is easy can be confused with embezzlement and embezzlement, especially if the person is poorly privy to the details of the crime.

Both pirates and people who committed embezzlement want to enrich themselves at the expense of other people, which means that the purpose of the crime is similar.

But the ways of doing it are strikingly diverse.

In the case of piracy, the criminal only uses the fruits of the creativity of other people, while the person who committed the misappropriation and embezzlement unlawfully appropriated property belonging to another person.

A pirate simply has a benefit from one circumstance or another, and this is where the significant difference is manifested.

Punishment and responsibility

For this crime, of course, punishment provided.

In accordance with Article 146, the offender bears serious penalties for violating copyright and related rights.

It can last up to two hundred hours.

This crime is also punishable by up to two years.

But if found in a crime qualifying feature, then this period may be increased.

Each participant will serve his sentence individually.

Judicial practice

For example, we can cite the case of the famous game Battlefield, which was developed by Norwegian programmers.

The game went on sale on the official website, and it could only be downloaded by paying a certain amount or making a pre-order.

One of the pirates made a pre-order a long time ago and the game was sent to him among the first buyers.

Of course, he immediately put all the passwords, codes and the material from the game into public use and The game production company suffered losses.

Another incident occurred with publication of a famous novel.

Then, a young writer who wanted fame and easy money scanned the text and began selling the novel under his own name.

Having not received due recognition, he completely posted the novel online. for which he was punished.

I would like to believe that the active policy of combating piracy will soon bear fruit, and every citizen of our country will become full users of unique content.