- Journal Issues
- № 1 2017 Actual problems of criminal justice
- Problems of criminal law
- Features of provided by the Criminal Code Ukraine situation combination actions of the criminal law in space and between persons
Features of provided by the Criminal Code Ukraine situation combination actions of the criminal law in space and between persons
Review
This article deals with some situations envisaged by the Criminal Code, when the action of the criminal law in space and between persons are combined. The contents of these situations depends on the legal status of persons and forms of international cooperation of the criminal proceedings.
It is noted that the content of the legal status of persons associated with the existing situation of such persons, their rights and duties, and its volume is determined by specific types of people (as subjects of legal status) who are in the state (citizens of Ukraine, foreigners , stateless persons, staff of diplomatic missions and consular offices, those for which questions of extradition to a foreign country (extradition), etc.). The amount of legal status can apply to: 1) all persons residing in the state, that have general and called "common"; 2) some of these people in specifically defined situations; in which case it is called a "special"; 3) individuals in exceptional situations where it is a kind of deviations from the general and special legal status and called "exceptional."
Depending on how the combined content (volume) of the legal status of persons with specific forms of international cooperation in criminal proceedings, are allocated general, special and exceptional rules. It is substantiated that Article 10 of the Criminal Code noted criminal consequences for the persons associated only with such forms of international cooperation, as delivery of a foreign state for criminal prosecution and committal for trial, transfer of criminal proceedings and execution of foreign judgment in Ukraine court or international judicial institutions.
Keywords: criminal law, action, space, time, international cooperation.