ESTABLISHMENT AND DEVELOPMENT OF LEGAL REGULATION OF INTERNATIONAL COOPERATION IN THE SPHERE OF CRIMINAL PROCEDURE

Abstract

The article examines the problems of the formation and development of the main institutions of international cooperation in the field of criminal procedure. The doctrinal approaches and norms of the first international treaties in this area are analyzed. The first institutions and directions of international cooperation in the field of criminal procedure are outlined, their specificity and features are revealed. It is noted that the first legal institution in the field of international cooperation, which later became directly related to the sphere of criminal procedure, was the institution of extradition (this institution, throughout its history, has been and remains a system consisting of several procedures by which one sovereign issues another sovereign a person (criminal) who has committed a crime and is wanted). Attention is focused on the fact that from ancient times until the end of the seventeenth century, extradition was not an institution of international law, let alone a criminal process. The vast majority of extradition cases were caused by political or religious circumstances, but not by the need for mutual assistance in the framework of the criminal process. Therefore, most of the known treaties of this period provided for the extradition of exclusively political and religious criminals or defectors. It is noted that similar tendencies of the institution of extradition were characteristic in the territory of Ukraine. An outstanding role in the formation of the foundations of international cooperation in the territory of Kууivs’ka Rus’ was played by «Russian Truth», which contained the norms of criminal, inheritance, commercial and procedural legislation. It was determined that from the 17th century the first scientific comments and principles of international cooperation in the fight against crime began to appear, and the foundation was laid for the formation in the doctrine of international law of the concept, which is defined in our time as the commission of criminal prosecution at the request of a foreign state. The periodization of international cooperation in the field of criminal procedure has been developed, namely, six historical periods have been identified, each of which has its own type of legal regulation.