Abdulloev P.S.
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Evolution of the model of extradition of persons within the framework of international cooperation in criminal mattersMoscow University Bulletin. Series 11. Law. 2018. 1. p.44-53read more183
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In the article they are considered actual legal questions connected with evolution of development of model of extradition in the scope of international cooperation on criminal cases, analyzed classic and modern models of institution of extradition including Anglo-American models, continental model (European) and model of institution of extradition in the scope of international organization and their ability to serve of use of criminal proceedings, historic development of given institution. It is noted that classic model loses its significance in modern period of time, in legal systems the questions of extradition of persons in this or that degree have mixed character. It is suggested the idea on introduction universal model of extradition by accordance and unification norms of criminal and criminal procedural legislation including lessen unnatural obstacles (barriers) and speeding the process of extradition in the scope of international cooperation on criminal cases.
Keywords: extradition, Anglo-American models, continental model, universal model, international cooperation, international agreements, criminal procedural legislation, foreign state, criminal law
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Transfer of persons suffering from mental disorders for compulsory treatment (on the example of post-Soviet countries)Moscow University Bulletin. Series 11. Law. 2019. 4. p.27-43read more268
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The article discusses current legal issues related to transfer of persons suffering from mental disorders for compulsory treatment, analyzes current legal norms of post-Soviet countries on this issue, in particular norms of international treaties and norms of the CPC. It is noted that transfer of persons suffering from mental disorders to conduct compulsory treatment is one of the new areas of international cooperation in the field of criminal procedure. In post-Soviet countries, there are many problems — from regulation of these issues in national legislation to the implementation of standards in this direction. On the basis of comparative legal analysis of legislation in post-Soviet space and scientific doctrine on this issue, the concept of transfer of persons suffering from mental disorders is given.
Keywords: transfer of a person being arrested; guarantees and immunity; international cooperation; international treaties; criminal procedural legislation; post-Soviet countries; criminal case
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The legal nature and types of extradition of persons within the framework of international cooperation in the criminal procedure sphere of post-Soviet countriesMoscow University Bulletin. Series 11. Law. 2019. 6. p.13-29read more301
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The article considers actual issues of legal nature and variety of extradition of persons in the framework of international cooperation. There is a lack of consensus in scientific legal literature regarding the place of institution of extradition in the branch and system of law. According to the author, in the national legal system of post-Soviet countries, the institution of extradition are based on constitutional, criminal and criminal- procedural law which has historic roots. Substantive law provides for the possibility and grounds for extradition of persons and norms of criminal code are important in determining of punishment, double criminalization, etc. The procedural law provides for a lot of rules which ensure order and process for extradition of persons. The author proceeds from the fact that extradition of persons within the framework of international cooperation relates to international criminal law and international criminal procedure. In connection with development of the institution of surrender of persons in the framework of international cooperation in criminal matters, many kinds of surrender of persons have emerged that need classification. In particular, the author identifies extradition of persons in post-Soviet countries as a separate type.
Keywords: legal nature; kinds of surrender of persons; international cooperation; criminal procedure; post-Soviet countries; international treaties; criminal procedural legislation; foreign state; criminal case
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