IMPLEMENTATION OF THE NORMS OF INTERNATIONAL LAW REGARDING THE REGULATION OF THE EXTRADITION PROCEDURE AS ONE OF THE ELEMENTS IN THE DIRECTION OF THE EUROPEAN INTEGRATION OF UKRAINE

Abstract

The author examines the procedure for extradition as a separate legal institution. The author analyzes the concepts of «extradition» and «extradition of persons» through the prism of national criminal procedure and international law, which helped to determine the essence of this phenomenon and the current issues that need to be addressed. Thus, extradition should be understood as the transfer of a person to the State whose competent authorities are looking for that person for criminal prosecution or execution of a sentence. However, the European Convention on Extradition does not contain the concept of «extradition», but instead uses the term «extradition». In this regard, scholars have divided into two camps: some are convinced that these are synonymous, while others see the term «extradition» as having a broader meaning. At the same time, based on the analysis, a number of conclusions have been drawn regarding the existing contradictions between the approaches of scholars to defining the essence of the concept of «extradition», which should be considered in a broad and narrow sense. Speaking of the first approach, at the doctrinal level, the concept of «extradition» is more substantive in nature than its legal and regulatory consolidation. With regard to the second approach – the high approach – at the level of national legislation, the procedural status of persons subject to extradition is not fully defined due to existing legal conflicts related to the regulation of this issue by different branches of law, which needs to be eliminated by introducing legislative initiatives to ensure the effectiveness of the extradition procedure and the effectiveness of international cooperation. In addition, the author analyzes five principles of extradition, which determine the essence of such a procedure and guarantee the legality of its implementation. It is proved that extradition is an important element of the fight against cross-border crime, which is aimed at reducing its level and generally contributes to the improvement of international relations and quality cooperation between the States parties to the European Convention on Extradition.