The Political Features of the Extradition

Kamila D. Shaibakova
2018 Helix  
This article is devoted to the matters of extradition of the persons who have committed a crime and its political characteristics which complicate the procedure, doing it inefficient and dependent on a political situation in the world. The extradition is one of the most used procedures of the international cooperation. However, its legal regulation still needs improvement. According to requirements, extradition of the person who is pursued for political crimes is forbidden. However, what is
more » ... tical crime still isn't clear. In the legislation of the Russian Federation there is no accurate definition and special rules to define whether crime is crime of political character. In this article various definitions and tests which are used in various jurisdictions are considered. Authors consider that the approach chosen by Germany and Switzerland is the most appropriate as considers not only the act, but also motives and consequences as forming structure of political crime. Authors consider that legislative acceptance of definition or the special test can influence in a due measure reduction of influence of policy by the right in the context of an extradition.
doi:10.29042/2018-2199-2202 fatcat:ule725x5zzfu5bw5tscsbiw5zi