EXTRADITION OF PERSONS WHO EVADE CONSCRIPTION FOR MILITARY SERVICE DURING MOBILIZATION, FOR A SPECIAL PERIOD, FOR MILITARY SERVICE DURING CONSCRIPTION OF PERSONS AMONG RESERVISTS FOR A SPECIAL PERIOD

Abstract

The article deals with study of the institute of extradition through the prism of the introduction of martial law in Ukraine, which has led to the relevance of its application to persons evading military service during mobilization, for a special period, for military service by conscription of persons from among reservists during a special period, in particular in the context of legal regulation and international cooperation in criminal proceedings. Any state is interested in preventing and suppressing criminal offenses committed on its territory, proving guilt and punishing the perpetrators, regardless of where they are hiding. At the same time, the number of attempts by perpetrators of criminal offenses to hide in other countries is growing. This trend has led the state to work towards closer cooperation in the fight against crime and the conclusion of numerous international treaties and bilateral extradition agreements, the number of which is increasing every year. At the same time, an important task is to ensure the necessary balance between the interests of the State in solving the extradition problem and the rights of those who are extradited. The author identifies a number of legal acts which define the peculiarities of the procedure under study and the powers of the authorities to extradite a person who has committed a criminal offense, namely: The Criminal Code of Ukraine, the Code of Criminal Procedure of Ukraine, the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, the European Convention on Extradition, and the Convention for the Protection of Human Rights and Fundamental Freedoms. The analysis of the regulatory framework which formed the basis of the scientific research resulted in substantial conclusions which, in turn, emphasize the impossibility of its implementation under Article 336 of the Criminal Code of Ukraine, which is explained by the provisions of the Convention relating to the Status of Refugees, by implementing the principle of non-refoulement; in order to bring persons to justice and extradite them under Article 336 of the Criminal Code of Ukraine, it is necessary to establish the identity of each person, to identify the grounds for leaving Ukraine; the status of a suspect or accused of committing this criminal offense; proof. In this regard, it is possible only in theory, and in a relatively narrow and insignificant circle of compatriots, since its actual implementation is very complicated and requires significant time and effort. For this reason, extradition for such persons is possible for the use of a false certificate or for illegal border crossing. In addition, it is determined that the peculiarities of extradition, which have been formed over the centuries, serve as an important form of mutual assistance of the state in the fight against crime and ensure the inevitability of punishment for fugitives from justice. Accordingly, a comprehensive study of this institution will help to strengthen cooperation between states, but with a preliminary adaptation of this procedure to modern realities.