THE LOCATION OF SPECIFIC EVENTS OF CRIMINAL PROCEDURAL COMPULSION IN THE CRIMINAL PROCEEDINGS OF UKRAINE: EXTRADITION PROCEEDINGS
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 1, Issue 3
Abstract
The article examines the general concept of criminal-procedural compulsion with the definition of the scope of measures by which it is implemented. It is considered inappropriate to introduce and use a different timetable that may complicate and overburden criminal proceedings. The position of the notion of “criminal procedural compulsion”, which includes measures for ensuring criminal proceedings, is fully supported. However, it is noted that compulsion is not limited to the above measures. The emphasis is on the imperfection of the legislative definition of the system measures for ensuring criminal proceedings, preventive measures, and the lack of determination of the due legal nature of criminal procedural compulsion measures which may be applied in the extradition proceedings. The author suggest to distinguish extradition and temporary arrests as specific precautionary measures which have a two-tiered purpose : specific for the Requesting State and the main one – for the Requesting State. Attention is drawn to the lack of legal grounds for the detention of persons who are wanted by the competent authorities of a foreign state in Art. 208 CCP.
Authors and Affiliations
Ivan BOIKO
Keywords
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