On the concept, content, types, kinds and existing models of extradition

Extradition is understood as a complex of criminal procedural actions aimed at tracing, detaining, taking into custody and transferring a person to a foreign state or to bodies and institutions of international justice (the international tribunal, the International Criminal Court) on the basis of and in accordance with the procedure established by the international treaties of the Russian Federation and the national law, or on the basis of the principle of reciprocity for the purpose of criminal prosecution, administration of justice or enforcement of the court sentence in force. Extradition can be considered as a legal institution and as a kind of law enforcement activity. From the point of view of law, it is an interdisciplinary institution, which includes the norms of international, constitutional, criminal, criminal-executive and criminal procedural law. In this case, subject to the provisions of Art. 460-473 of the Code of Criminal Procedure of the Russian Federation, the norms of the criminal procedure can be considered determinative. In addition, it seems appropriate to consider extradition as an independent legal institution separate from legal assistance in criminal cases and international legal cooperation in criminal proceedings. As an independent activity, extradition is a legal process carried out by two or more states in accordance with international and national legislation by which one country transfers to another country a person accused (or convicted) of having committed a criminal offence against the laws of the requesting state or of having violated international criminal law in order to prosecute or punish them in the requesting state in accordance with the crime indicated in the request. At the moment, there are three main extradition systems: the European-continental, the Anglo-American system of common law countries and the mixed one.

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