Extradition of a person: the national law of Ukraine and the case law of the European Court of Human Rights

Resumo

This article aims at establishing and emulating the relevant issues surrounding the detention of person presumed of committing a criminal offense outside the territory of Ukraine in respect with the provisions adumbrated by the European Court of Human Rights. The study was conducted through the prism of the national legislation and the relevant case law of the European Court of Human Rights. The article articulates, that as far Ukrainian national law and the European Court of Human Rights is concerned, handling issues of detention outside the Ukrainian territory is complimentary. It is the opinion that, the legal basis for the extradition of persons who have committed a crime outside the territory of Ukraine has been determined. It is emphasized that in this case the generally accepted norms and principles of international law conforming with national law of each member state that has ratified relevant international treaty, are important. The peculiarities 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 procedure legislation, are analyzed. It is emphasized that during the law enforcement practice the problem is a clear definition of the grounds for detention of a person wanted by the competent authority of a foreign state. The issues of realization of the detainee's rights, including the right to protection, were considered separately. According to the results of the study, certain ways to improve the provisions of the Criminal Procedure Code of Ukraine have been formulated.