SEPARATE ASPECTS OF THE THEORY OF EXTRADITION PRACTICE

Abstract

The article is devoted to a detailed study of the extradition institute in Ukraine in accordance withthe criminal procedural legislation. The main scientific approaches to determining the characteristics of extraditionrelations are considered. The periods of development of these relations are distinguished and their features areinvestigated on each of them. The relationship between “extradition” and “issuance” is carried out; the differencebetween them is explained.In the work, the views of scholars regarding the definition of “extradition” and in accordance with the analyzedthoughts, two main aspects, which may be considered “extradition”, are outlined.In addition, international legislation regulating extradition as a form of international cooperation is consideredand a list of documents regulating extradition relations is provided.For a complete, thorough study, a separation of the extradition process is carried out in several stages and oneach of them emphasis on the positive and negative moments of their implementation. Attention is focused onthe differentiation of guarantees of the rights of persons involved in extradition proceedings, at each stage of sucha procedure. It is substantiated that the positive aspect of the Criminal Procedural Code of Ukraine can be consideredthe possibility of a simplified procedure for issuing individuals from Ukraine, since the absence of this ordersignificantly delayed the issue of extradition. Accordingly, an analysis of the procedure for issuing persons(extradition) in a simplified manner is carried out. The attention is paid to the principles and guarantees aimedat ensuring the rights of a person in the course of a simplified procedure for issuing individuals. The overviewof the principles enshrined at the national and international level, their classification was carried out, and inaccordance with this it is concluded that the purpose of the simplified way is to strengthen the protection of mankindand individuals, as well as the provision of human rights and the resocialization of persons who committed a criminaloffense. In the course of the study, the practice of the European Court of Human Rights on guarantees of observanceof fundamental person’s rights and freedoms during extradition is analyzed. The relevant conclusions, based onthe study, are distinguished.