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The article focuses on questions of legislative framework of extradition of the figutives. In the Russian Federation the norms concerning extradition are fragmented and often not ordered. So, authors of article have made the assumption that creation of the federal law on an extradition can serve systematization of knowledge of procedure and improve efficiency of its application in practice. As the proof of this theory authors have addressed experience of Germany. In Germany there is a special law on the international cooperation in criminal cases. This law is detailed and systematized and regulates questions of extradition of persons. The comparative and legal analysis of some provisions of the German law and standards of the Russian legislation are addressed in this article. The provided analysis shows that some areas aren’t regulated by the existing federal legislation, such as, for example, extradition of persons for commission of military crimes. The international obligations assumed by Russia only complicate understanding of a question. Based on comparison of legislations, the conclusion has been drawn on need of development of the legislation of the Russian Federation in the field of extradition of persons. Adoption of law similar to the laws of Germany can become a step in development of the legislation and bring more effectiveness in the use of rules of law for protection of interests of the state and human rights.
The process of creating the system of international security is one of the priorities for both international and national directions of actions and for national ones. The events of September 11, 2001, followed by the terrible attacks in Europe and Russia became a cornerstone in fighting terrorism and transnational organized crime. Globalization and open borders (or at least simplified procedure of crossing borders) make it easy to escape from justice. The coordination of policies and steps in combating transnational crimes are the most important acts that shall be undertaken. The extradition is an sufficient mean to do so.
The extradition is a highly complex instrument. The terminology that is being used in order to describe the process varies in both English and Russian. This can be explained by the fact that there are several similar processes that frequently misinterpret to be extradition . These are the deportation, the hand over to the international courts and etc. The extradition as a complicated procedure faces numerous problems that become obstacles for an efficient and effective process. The fugitives can use the legal collisions in order to benefit themselves. The detailed and thoughtfully enacted legislation can assist in solving the problems and become a preventive instrument. Therefore, the main aim of the article is to consider whether the enacted detailed extradition legislation in Russia will be a good decision. The legislation concerning extradition in Russia is fragmentary and inconsistent. The norms and provisions are spread over the Constitution, Criminal Code, Criminal Procedure Code, bilateral and multilateral treaties.
The German Act on International Cooperation in Criminal Matters is considered to be an example of how the law like this could be. The article compares the provisions in the legal frameworks of both states and sheds light on the gaps in Russian law. The conclusion is made that the new law shall be enacted as it would make the procedure more efficient and effective and will bring more common good for the society.
Notwithstanding the summary made, the internal validity shall always be kept in mind. Despite the fact that we proved that the enactment of the legislation can bring the common good for the society and presumably good consequences, we still shall take into account the unintended side effects of any law. Presumably, the creation of a law is not a goal by itself. The rationale behind it is to make the extradition more effective and avoid the legal gaps and collusion. Therefore, we believe that the enactment of such law could become a milestone in this process.
The work is performed according to the Russian Government Program of Competitive Growth of Kazan Federal University.
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