- Journal Issues
- № 2 2017 Actual problems of criminal justice
- Problems of criminal procedure
- Principles of international cooperation and international legal assistance in criminal proceedings
Principles of international cooperation and international legal assistance in criminal proceedings
Review
In this scientific article is given the definition of principles on which based the international cooperation in criminal proceedings and provided mutual legal assistance in criminal matters, also given their classification and made disclosure of their contents.
The author analyzes the existing in scientific literature approaches to classification principles of international legal assistance and cooperation in criminal matters. Through the analysis revealed the contents of the main principles on which based the international cooperation in criminal proceedings and provided mutual legal assistance in criminal matters.
Special attention is paid to details specific principles of international legal assistance in criminal matters. For example, the implementation of the principle of concessions parts sovereignty of member states of international agreement takes place when the requesting party asks for the application of criminal procedural law in carrying out its mandate of proceedings procedural investigation if the procedural rules of this country do not contradict the criminal procedural law of the state.
Based on research the three-level system of principles the author concludes that a proper understanding of their content will avoid many misunderstandings during the enforcement in the process of international cooperation and implementation of mutual legal assistance in criminal matters, and substantially increase its effectiveness.
Keywords: principles of international cooperation, principles of international legal assistance, criminal proceedings.