Extradition of refugees: features of the procedural regulation
Journal Title: Альманах міжнародного права - Year 2018, Vol 19, Issue
Abstract
The article is devoted to the study of the issue of the possibility of refugees’ extradition, with the analysis of the legal and regulatory framework of an international legal nature and national criminal procedural legislation and legislation, which regulates the status of refugees and persons who require temporary or additional protection. The emphasis is on the possibility of applying criminal procedural compulsion and the moment it is applied. There are examples of the European Court’s practice in Human Rights and it’s offered to the requested State to investigate actively the circumstances, referred by the person who has acquired or is in the process of obtaining refugee status, which led to the need of seeking the asylum in the Requested State. If, in the requesting State, there is some danger because of the person who is going to obtain the refugee status, the requested State should refrain from extradition, since the achievement of the objectives of criminal proceedings must be carried out within a reasonable balance with respect for human rights and fundamental freedoms, fixed by the 1950 Convention. It should be noted that today there is a certain legal and regulatory framework in Ukraine that allows solving the problems of criminal proceedings, taking into consideration and respecting human rights, in particular, it concerns persons who wish to obtain refugee status and those who need additional or temporary protection. Certain restrictions on the issuance of such persons also are applied in criminal procedure law.
Authors and Affiliations
І. І. Бойко
Keywords
Related Articles
- EP ID EP657702
- DOI -
- Views 81
- Downloads 0
Justice balance as a criterion of lawful intervention in the ownership of legal entities in the practice of the European Court of Human Rights
The article analyzes justice balance as a criterion for the lawful intervention in the ownership of legal entities. This analysis is based on decisions of the European Court of Hu man Rights. In order for intervention in...
International legal standards and regulation of criminal liability for attacks on sexual inviolability in foreign countries
The purpose of this article is a comprehensive description of international legal standards and foreign experience in the regulation of attacks on sexual inviolability of a person. The text of the article is divided in...
Legal regimes of national and foreign currency as an object of legal private relationships: national and foreign experience
Despite of great wave of interest in researching currency as an object of legal private relationships, nowadays there is no unified legal or scientific position to its phenomenon. The matter is that currency, being defin...
Application of the antisuit injunctions within the context of parallel investorstate disputes
The article deals with the peculiarities of application of the antisuit injunctions in the context of international arbitration, as well as assesses the effectiveness of this instrument aimed at preventing parallel proce...
Basic concepts of human rights protection of the United Nations Charter
Nowadays, the protection of human rights is one of the main goals of the interna- tional community and the fight against their violation is an important tool to test the effectiveness of the United Nations. Human rights...