Open AccessConcepts and principles of extradition in criminal procedure law
Author(s) -
O.V. Ilchenko,
S.M. Senchenko
Publication year - 2022
Publication title -
analìtično-porìvnâlʹne pravoznavstvo
Language(s) - English
Resource type - Journals
ISSN - 2788-6018
DOI - 10.24144/2788-6018.2021.03.43
Subject(s) - legislation , law , meaning (existential) , convention , political science , subject (documents) , state (computer science) , criminal law , order (exchange) , sociology , psychology , business , computer science , finance , algorithm , library science , psychotherapist
The article examines the concepts and fundamental principles of extradition in criminal procedure law, reveals their essence and problems. Extradition is the extradition of a person to the State whose competent authorities are seeking him or her for prosecution or execution. But the European Convention on the Extradition of Offenders lacks the notion of "extradition" but instead uses the term "extradition", which some scholars see as synonymous, while others see in the term "extradition" a broader meaning. In general, it is necessary to mention the principles of extradition, which in the article there are seven, which is a complete list and their content is fully disclosed.
The article also evaluations the contradictions between the approaches of scientists to determine the essence of the concept of extradition, but they all have common features. In the scientific literature, extradition can be considered in a broad and narrow sense. In general, the definition of extradition by scientists is more meaningful than the definition used in the regulations of our state.
It should be noted that the procedural status of a person subject to extradition at the level of national legislation remains open and controversial, it is not perfectly defined and entails conflicts and inconsistencies in legal acts. Extradition relations are governed by various branches of law. which is described in detail in the article. It should also be added that the national legislation governing extradition relations needs to be supplemented and the existing contradictions eliminated in order to best implement the extradition process and high-quality international cooperation, as this is an integral part of the extradition institution.
It is noted that extradition is an important element in the fight against transnational crime and aims to reduce its level and in general contributes to improving international relations and quality cooperation between the signatory states of the European Convention on the Extradition of Offenders. Extradition relations are constantly evolving and improving, which best affects the quality of this process and eliminates negative phenomenal in its implementation.