international legal assistance, creation of joint
investigative teams, etc.); effective interaction
with competent bodies of foreign countries and
international organizations (Ortynskyi et al.,
2018).
At the same time, the establishment of effective
cooperation between the authorized bodies of the
states involved in such activities, is among the
important conditions for success in the
investigation of transnational organized crime.
In the context of our research, it should be noted
that the organization of international cooperation
is an integral component in the activity of
investigating transnational organized crime,
taking into account its complex nature. At the
same time, one can find content-like concepts in
normative legal acts and legal literature:
"international cooperation", "international legal
assistance", "mutual legal assistance", etc.
In accordance with Clause 1, Part 1, Art. 541 of
the Criminal Procedure Code of Ukraine,
"international legal assistance" is the conduct of
proceedings by the competent authorities of one
State, the performance of which is necessary for
pre-trial investigation, trial or for the sentence
imposed by a court of another State or an
international judicial institution.
Instead, international cooperation means
purposeful and permanent, joint and coordinated,
broad in scope and diverse in forms and
directions, organizational and legal,
investigative, informational in nature, aimed at
achieving the tasks set before law enforcement
agencies (Zharovska, 2014).
In view of the above, we believe that the concept
of international cooperation covers a much wider
range of interactions between authorized bodies
of different States in their joint efforts to combat
crime through international organizations
collaboration, intergovernmental institutions,
state authorities and local self-government,
judicial and law enforcement agencies, public
associations and organizations, individual
citizens, the main purpose of which is to detect,
investigate, and prevent the commission of
criminal offenses, finding ways to combat
criminal manifestations.
In view of the above, in order to reveal the
subject matter of the research, in particular in the
context of the investigation of transnational
organized crime, we will consider the concept of
"international cooperation in criminal
proceedings" in the context of the joint activity
of the authorized bodies of the central executive
power with judicial and law enforcement
agencies, which lies in providing international
mutual legal assistance in criminal proceedings
during the collection of evidence, conducting
procedural actions, handing over documents, etc.
We agree with the view of Zavydnyak (2021b),
that it is impossible to ensure collection of
evidence abroad; prosecution; protection of
human and citizen rights and freedoms in
criminal proceedings; compensation for
damages, as well as possible confiscation of
property without proper organization of
international cooperation in proceedings
regarding crimes of a transnational nature.
The issue of international cooperation of pre-trial
investigation bodies with similar bodies of
foreign States has recently become very relevant,
since the full implementation of criminal
proceedings, in this case, most often depends on
their cooperation. Thus, it is possible to
distinguish two directions of international
cooperation of law enforcement agencies in the
fight against transnational organized crime.
Firstly, international cooperation providing
operational police assistance pending official
request without reference to treaties on legal
assistance. Such direct contacts between
investigators are discouraged or even not
allowed, but they allow direct communication
with colleagues involved in specific criminal
proceedings. These contacts provide an
opportunity to quickly receive information on
requests in real time and help the investigator to
establish the presence of certain facts before
seeking official access to evidence through
«application letters». It should be noted that
direct communication without reference to
international instruments violates the assistance
procedure. At the same time, such deviation is
permitted in exceptional cases where there are
serious risks: threats to the life and health of the
injured person or his family; irreversible loss of
very important information, as well as real
grounds for the suspect to abscond or his
subsequent identification will be impossible. In
such cases, information is provided to the
employee of the Interpol National Central
Bureau indicating the specific grounds for
conducting investigative actions without
reference to international treaties; all necessary
«application letters» are processed in the usual
way. Secondly, international cooperation based
on formal «letters of application» filed after the
opening of criminal proceedings or formal
investigations; in this case, the issues of issuing
an arrest warrant, ensuring the right of the