Legal Nature of the Institution of Rendition (Extradition) of a Person for Criminal Prosecution or Sentence

Abstract

The article is devoted to the study of a sharply debatable legal problem – the problem of the legal nature of the institution of rendition (extradition) of a person for criminal prosecution or execution of a sentence and its place in the system of law. The definition of the legal nature of any institution is of fundamental importance, because it determines its essential properties and relevant place in the legal system. In the theory of law, various judgments have been expressed on this issue. They can be summarized to seven positions, each of them is analyzed and assessed. A number of legal scholars proceed from the affiliation of the institution of rendition (extradition) to a certain branch of law (international, international criminal, criminal, criminal procedure). The author of the article adheres to the position on the polysystemic nature of the institution of rendition (extradition), on the basis that it cannot be referred to only one branch of law, since it is most closely interconnected with a number of branches of law: international, state, criminal, criminal procedure. The institution of extradition is also assessed in terms of the currently emerging new branches of the modern legal system – international criminal law and international criminal procedure law. The article criticizes the judgment that extradition is an independent institution in relation to international cooperation and international legal assistance. The author›s position in this matter is based on the fact that the institution of rendition (extradition) is a type of international assistance, which is an integral part of international cooperation regulated by international legal treaties and national legislation.