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
Related Articles
- EP ID EP669604
- DOI -
- Views 68
- Downloads 0
CONDICTIO: GERMAN MODEL
The article is devoted to the analysis of legal regulation of obligations arising out of unjust enrichment (which are also known as condictio obligations) in German law. The author figures out essential features that all...
LEGAL DOCTRINE IN THE SYSTEM OF SOURCES OF ADMINISTRATIVE LAW OF UKRAINE
The article deals with the issue of legal doctrine in the system of sources of administrative law, as well as the problems of its application in the legal proceedings of Ukraine. Specific examples of judicial cases are p...
TEMPORARY RESTRICTION ON THE USE OF SPECIAL LAW IN THE CONTEXT OF APPLICATION OF CRIMINAL PROVISION FOR MEASURES
The article is devoted to the review of the issue of the application of a temporary restriction on the use of special law as a special measure for the provision of criminal proceedings, in particular regarding the remova...
PARADIGM OF CIVIL LEGAL REGULATION OF PASSENGER TRANSPORT UNDER THE PRIZE OF HARMONIZATION OF THE LEGISLATION OF UKRAINE TO THE EU LEGISLATION
The article is aimed at studying existing mechanisms of legal regulation of legal relations of passenger transportation according to the legislation of Ukraine and EU legislation. The need for their comparative analysis...
ON THE QUESTION OF THE CONCEPT OF THE GENERAL PROVISIONS OF THE DEVELOPMENTAL INVESTIGATION
The article is devoted to the study of the discussion in the criminal process of science on the concept and essence of the general provisions of pre-trial investigation. Analyzed by scientists approaches to the definitio...