Political Aspect of the Institute of Extradition in PostSoviet Space

Abstract

The institution of extradition dates back from the thousands of years, during which the institution mentioned above has become in permanent evolving, with social relations getting complicated. Globalization, as a socio-political phenomenon, has the greatest impact on extradition having complicated and modified the process making it responds to current challenges on the part of society. And, despite the fact that eventually positive attitude toward human rights has come to characterize the institution of extradition, such legal acts as the Universal Declaration of Human Rights, Convention on the Protection of the Rights and Fundamental Freedoms, Convention against Torture and many others have become an important stage on its way, which ultimately have brought about changes in usual perception of the institution, having adopted the necessity of securing individual rights in it in connection with extradition through transnational cooperation. Intensive discussion of extradition questions in legal literature, abundance of legal acts by no means approaching emerging issues repetitively, constantly arising empirical evidence of lack of clearly defined methods of international cooperation on extradition questions lead to the need to address the deep causes of the problem, to determine the place of extradition in the system of international law, to work out effective legal standards that would enable the institution of extradition to realize its full potential in the fight against world crime. In the post-Soviet space a set of regulations and principles, concerning extradition issues, appeared. It determined the process of getting out offenders: the rule of double criminality, the rule of specialization, the principle to extradite or prosecute and others. The article is ted to study of the institution of extradition and is focused on the analysis of its past, changes, which it endured during its formation, and problems that the institution faces nowadays. This subject is quite sensitive strictly because it is regulated not only by rules of a particular state, but by rules of international law. Contemporary international law can be characterized as a vector directed to protect human rights that undoubtedly affected the nature of the institution. Inaccuracies in contemporary legislation, penal problems of extradition are often complicated by interference of a political factor. In other words, relations between states on the world stage often have a huge influence on the process of extradition. At the same time, current political situation and political motives of subjects have a great impact on the institution of extradition. In this work the authors consider the political aspect of the institution of extradition (giving the offenders out) in modern legislation. The study of these issues, connected with exclusion of political crimes from the scope of extradition, should be further developed in both international contract law and national legislation.