THE INSTITUTION OF EXTRADITION IN CRIMINAL LAW

Abstract

The complexity and complex legal nature of the institution of extradition have been considered. It is established that there is no unified approach in legal doctrine to defining the concept of extradition, which is caused by different assessments of phenomena such as the operation of criminal law in space. It is found that although most theorists consider the terms “extradition” and “surrender” to be synonymous, the phrase “extradition of criminals” contradicts the fundamental principle of the presumption of innocence. Extradition is an institution of intersectoral international cooperation of states in the field of combating crime, which constitutes a complex integrated set of legal relations. The institution of extradition is an act of legal assistance based on international treaties and the universally recognized norms and principles of international law, and it helps facilitate the investigation of a person who has committed a crime and the administration of fair justice in relation to that person. It is considered that when determining the legal essence of extradition, it is expedient to take into account its interdisciplinary nature. It is noted that the modern position, according to which extradition is the right of the state and becomes mandatory only after the adoption of the relevant international treaty, is the most acceptable, but the obligation is not absolute. It is concluded that the institution of extradition is based on the doctrine of the operation of criminal law in space and is one of the means of implementing criminal jurisdiction.