Legal aspects of extradition on the basis of a European arrest warrant
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
The article defines the concept of “international search”, which is part of the broader concept of “wanted in criminal proceedings.” It is established that wanted ads are procedural decision, handed down in the case of evasion of the suspect / accused to participate in the investigation (investigation) activities, hearings and other procedural law by criminal actions. It should determine that, unlike the national search, international is also a form of international cooperation and has done so at a certain legal framework, which, as mentioned above, is not yet settled norms Code of Ukraine. Among all the international investigation of most interest, according to a search query using Interpol channels and options, which is carried out through national central bureaus. The author examines the practical forms of such cooperation and Determined that in practice often available is ambiguous interpretation of the term “detention order” Use Art. 25 of the Convention the term “place of judgment» according to the scientific and legal experts means that the “detention order” should include a preventive measure, which by its actual content close to the prison. Determined that the decision of the investigating judge or the court for permission to arrest the purpose pretext for a motion for a preventive measure in the form of detention cannot be considered “detention order” within the meaning of Article 25 of the European Convention on Extradition and not decision investigating judge or the court of custody within the meaning of Article 575 of the Criminal Code of Ukraine. The author made a number of conclusions and generalizations on improving law enforcement Ukraine on cooperation with the International Criminal Police Organization Interpol and police agencies of European countries on extradition.
Authors and Affiliations
Armen Nersesian
Keywords
Related Articles
- EP ID EP433102
- DOI -
- Views 121
- Downloads 0
The people as a subject of international law
The article deals with the formation of the concept of “people” in European political and legal thought and international law, systematized elements of the definition of the people in acts of international law, including...
The wishes of the heir and the scope of legacy in roman law
The debate held by ancient lawyers on the question of an heir`s power to decide upon the extent of a performance under the legacy per damnationem is the subject of this paper. Tes- tator omitted to specify the amount of...
Problems of Ensuring Equal Opportunities in the Context of Non-Admittance of Discrimination in the Labour Field
In the article an author analyzes the concept of discrimination on the basis of comprehen- sive research of legislation, scientific literature and case law. It is concluded that discrimina- tion in labour law is a situat...
Features of the legal status of heads of local state administrations in the context of power decentralization in Ukraine
In accordance with Article 118 of the Constitution of Ukraine, executive power in oblasts and districts, cities of Kyiv and Sevastopol is carried out by local state administrations (hereinafter – LSA). LSA are local exec...
The actual questions of relationships between public authorities and civil society institutions: communicative aspects
This publication examines the communicative aspects of formation and application of quality mechanisms of interconnection between government and society in the area of meeting the challenges and problems they face. Ident...