Кафедра кримінального та кримінального процесуального права

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Browsing Кафедра кримінального та кримінального процесуального права by Author "Koniushenko, Yana"

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    Extradition: the European court of human rights and the Ukrainian experience
    (2023) Fomina,Tatiana; Galagan, Volodymyr; Udovenko, Zhanna; Ablamskyi, Serhii; Koniushenko, Yana
    This article deals with the problematic aspects of sending back a person guilty of a crime outside the territory of Ukraine to the country where the crime was committed in accordance with the European Court of Human Rights (hereinafter – ECtHR) principles. The research was carried out within the framework of the domestic law of Ukraine and the court rulings of the ECtHR. The article states that the consideration of issues of detention outside the territory of Ukraine has a complex nature, being guided by the provisions of the national legislation of Ukraine and the European Court of Human Rights. The article determines the legal basis for the extradition of persons who have committed a crime outside the territory of Ukraine. It is emphasized that in this case the generally accepted norms and principles of international law conforming with national law of each State Party to the ECHR that has ratified relevant international treaty, are important. The specific features of the normative regulation of detention of a person who has committed a criminal offense outside the territory of Ukraine enshrined in the current criminal legislation, are analyzed. It is emphasized that during the law enforcement practice the problem is a clear definition of the grounds for arrest of a person wanted by the authority of another state. The problems related to the exercise of the suspect’s rights, such as the right to protection, were analyzed apart. The study results allowed to develop ways to amend the Criminal Procedure Code of Ukraine in order to improve the extradition procedure.