跨境合作中的“游戏规则”:芬兰-俄罗斯犯罪预防中的法律行政差异

‘Rules of the game’ in cross-border cooperation: legal-administrative differences in Finnish–Russian crime prevention

International Review of Administrative Sciences · 2016
被引 11
ABS 3

中文导读

本文通过芬兰-俄罗斯犯罪预防合作案例,分析法律行政差异如何影响双边跨境合作,指出合作受制于制度碎片化、法律差异和信任缺失,需长期政治承诺和更灵活的工具。

Abstract

The article illuminates the dynamics of bilateral cross-border cooperation between two vastly different legal-administrative partners. The analysis utilizes empirical findings of a case study on bilateral Finnish–Russian crime prevention cooperation. Currently, both the differences in national legislations and the fast-changing administrative environment make this cooperation challenging. The case study showed that bilateral cooperation, which is the dominant form of cooperation between EU member states and Russia, is currently affected by disjointed and even competing multilateral and bilateral structures, differences in criminal law and procedure, gaps between international treaties and national legislation, local and regional variations of practices, weak institutional trust and abrupt policy changes. The results indicate that the effectiveness of cross-border networks cannot be assessed strictly in terms of quantitative outcomes. Further long-term development of the cooperation requires both realistic understanding of legal-administrative constraints and strong commitment at the national and supranational political levels. Points for practitioners Future long-term development of cross-border crime prevention cooperation between EU member countries and the Russian Federation requires more flexible crime prevention instruments and institutionalization of joint investigation teams. The optimal model in joint criminal investigations with Russian authorities could be one where the evidence of the protocol of the preliminary investigation could be acquired through direct regional connections between authorities. In practice, this requires a much stronger practical trust between different levels of authorities in the EU member countries and the Russian Federation, reconciliation of differences in national legislations and long-term political commitment at the highest level.

跨境合作犯罪预防法律行政差异欧盟-俄罗斯关系