Category: Tribune of young scientis
Pages: 160-168
Library: Actual problems of criminal justice
Location: Pravova Ednist Ltd
Year: 2018
N° catalog: 4
File: 4_2018_bortnicka.pdf
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The article is devoted to the study of the theoretical aspects of issuing a person in a simplified manner. The institute of extradition (extradition) seeks to ensure the principle of inevitability of the punishment of those responsible for committing a socially dangerous act. It plays an important role in strengthening and developing the international cooperation of States in the field of criminal justice. On the basis of the analysis of international treaties, practices of the ECtHR and national legislation, the imperfection of the institution of simplified issuance procedure has been established. Cases that exclude the possibility of issuing a person in a simplified manner are not regulated sufficiently, which may be a source of violation of the rights of a person subject to a simplified extradition procedure.

The author identifies problems that require additional research. It is a question of the possibility of applying a simplified procedure for the extradition of persons from Ukraine, if there are reasonable grounds for believing that a person subject to extradition (extradition) is likely to use the death penalty.

Issuance in the presence of the risk of the use of the death penalty requires the establishment of additional circumstances and obtaining sufficient guarantees that the death penalty will not be enforced, which can not be carried out under the simplified procedure of issuing a person. In order to establish additional circumstances and obtain guarantees from the requesting State, it is expedient to conduct an extradition check. In the framework of such an examination it is expedient to evaluate the testimony given by the person subject to extradition in relation to the circumstances of the crime and also to analyze the circumstances of the criminal proceedings and the degree of proof of the fault of the person to be extradited. It is advisable to establish the existence of mitigating circumstances that are perceived as such in a country subject to extradition. In order to verify such circumstances, it is necessary to conduct a thorough analysis of materials not only provided by the requesting party, but also to request the necessary additional materials, which excludes the possibility of applying a simplified procedure for the issue of persons from Ukraine. It is necessary to determine the foreseeable consequences of issuing a person to the requesting party, taking into account the general situation in this country and the circumstances of the particular case. In order to analyze the situation in the country, the ECHR recommends analyzing the information contained in the latest reports of such independent international human rights associations as Amnesty International or obtained from government sources. The compatibility of the extradition procedure with the guarantees of a fair trial must be verified.

Based on the analysis of international treaties, practices of the ECtHR and national legislation on cases that exclude the possibility of issuing a person in a simplified manner, it is proposed to expand the list of circumstances that exclude the possibility of extradition (extradition) in a simplified manner.

Key words: extradition in simplified order, observance of person's rights and freedoms, torture, death penalty, principles, voluntary consent.

2018 4 tutyl 1

2018 4 zmist 1 eng

 

2019 1 zmist ukr 4

2018 4 zmist eng 2

2018 4 zmist eng 3