Transfer of Persons Sentenced to Imprisonment to Serve Their Sentences From International Criminal Judicial Bodies to Their States Within the Framework of the Criminal Procedure of Post-Soviet States
The procedure for the transfer of convicts from an international judicial body to the state in the post-Soviet space is still in the formation. Most post-Soviet states do not have rules on this type of transfer, or even on the execution of a sentence of an international judicial body. Latvia, Georgia, Ukraine, and Kazakhstan have rules for the enforcement of sentences of international courts; thus, these states are developing the transfer of convicts from an international judicial body, they have recognised the need to accept persons convicted by an international judicial body. Latvia and Georgia, as participants in the Rome Statute of the International Criminal Court, implemented the rules on recognition and enforcement of ICC sentences. Although the Criminal Procedure Law of the Republic of Latvia uses the concept “international court”, it is not known which “international court” it is, this allows cooperation in this area with any international court that will be created in the future. In this sense, the Criminal Procedure Code of Ukraine and the Criminal Procedure Code of the Republic of Kazakhstan use the term “international judicial institutions”. The codes of Ukraine and Kazakhstan, despite the limited nature of the regulation of the transfer issue in comparison with the laws of Latvia and Georgia, have unified proceedings. These codes separate “recognition and execution of sentences of international judicial institutions” and “acceptance of persons sentenced to imprisonment by an international judicial institution”. Until “recognition and execution of sentences of international judicial institutions”, “acceptance of persons sentenced to imprisonment by an international judicial institution”, “transfer of persons sentenced to imprisonment by an international judicial institution” are separated, many issues of the “transfer of persons, sentenced to imprisonment by an international judicial institution” to the state will not be resolved, at least by legal regulation.
Keywords
международное сотрудничество, передача лиц, международный судебный орган, Международный уголовный суд (МУС), постсоветские страны, международные договоры, уголовно-процессуальное законодательство, иностранное государство, уголовное дело, international cooperation, transfer of persons, international judicial body, International Criminal Court (ICC), post-Soviet states, international treaties, criminal procedure laws, foreign state, criminal caseAuthors
Name | Organization | |
Abdulloev Parviz S. | Tajik National University | 1986parviz.@mail.ru |
References
Transfer of Persons Sentenced to Imprisonment to Serve Their Sentences From International Criminal Judicial Bodies to Their States Within the Framework of the Criminal Procedure of Post-Soviet States | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2020. № 15. DOI: 10.17223/23088451/15/18