ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

Search

SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Archive of Issues

Extradition proceedings: the concept and procedural order

Pages: 157-164
Year: 2017
Location: Pravova Ednist Ltd

Review

The personʼs  procedure is a subject researched by scietists – representatives of different branches of the legal science, and thus? Is a studied question. However, a single layer of questions in criminal procedure in the part of the terminology, as well as improvement of the procedures, requires a deep understanding and studying. The term “extradition production” is a subject of specification, improvements – is a  definition and procedural regulation stages of extradition production. In particular, we are talking about the its first stage - the publication of a person in the publication of a person in the international search. The legislator prescribed the procedures related to the implementation of international cooperation in criminal proceedings   in details in the Code of Ukraine. However, some issues still remain outside its attention, and they have a procedural terminology. In particular, rework and improvement requires systematization and standardization and standardization of certain concepts, the introduction of the concept of  “extradition proceedings” and processualization with a detailed regulation in the Code of Ukraine its first stage – ads a person in the international search, organize events, which can be used in its implementation, including safety. Under international search it is proposed to understand the system of procedural and other  measures determined and procedurally regulated by criminal procedure law, carried out by the  competent authorities to identify persons who are suspected in a criminal offence or in respect of which rendered a guilty verdict, or other purposes as required by applicable law. Under the extradition proceedings it is proposed to understand certain procedural criminal law procedure of issuing (extradition) persons consisting of steps ordered totality proceedings and in particular with a view to holding a person criminal liability and enforcement of the sentence of foreign country court. Stages of extradition proceedings : 1) declare a person in a international search; 2) an official request for the installation location in the  Requested State of the person who will be required to issue; 3) decision on the request; 4) appeal against the decision on the request; 5) the actual transfer of the person whose extradition is requested under the jurisdiction of the requesting State.

Keywords: international cooperation, legal help, issue (extradition) a person, international treaties of Ukraine, сentral bodies. 

Submission