Russia-Mongolia, Russia- China: peculiarities of international cooperation in criminal cases

The article deals with some urgent problems of cooperation of the Pacific Rim countries in the sphere of aime fighting. Such interaction implies three main directions: rendering legal aid in criminal cases, extradition and transfer of convicts for serving sentence in the state of their citizenship. However, it is necessary to pay attention, primarily, to rendering legal aid in criminal cases through the prism of protection of personal rights, taking into account mental features. International cooperation in the sphere of criminal legal proceedings is based on international agreements, international treaties or the principle of reciprocity. Unlike a number of European and other states, the Russian Federation signed agreements on legal aid with China and Mongolia in 1992 and 1999 respectively. The following conceptual conclusions were formulated under the analysis of the legal basis of cooperation. Firstly, norms of the Fifth Section of the Criminal Procedure Code of the Russian Federation are applied every time when the principle of reciprocity acts as a legal basis of interaction between the Russian Federation and other states. In all other cases, the contract or agreement prevails. Secondly, it is the stability of legal regulation of questions of interaction between the competent authorities of the Pacific Rim states in criminal cases. So, despite the fact that national criminal procedure legislation undergoes cardinal changes regarding the conceptual, fundamental bases, and concretiza-tion and change of a criminal procedure form at separate stages of criminal legal proceedings, the treaty between the Russian Federation and Mongolia on legal aid and legal relations in civil and criminal cases is still in force. It was signed in Ulaanbaatar on April 20, 1999 (in edition of September 12, 2002) and contains the conceptual bases of interaction of competent authorities of foreign states in civil and criminal cases. Similarly, the treaty between the Russian Federation and People's Republic of China on legal aid in civil and criminal cases 1992 is characterized by the exclusive stability of legal regulation of cooperation between two states in criminal cases. Thirdly, in the sphere of legal aid in criminal cases, the peculiarities of legal regulation center around such questions as the order of relations between the cooperating states; the circle of procedural actions which can be carried out on the basis of request for legal aid; the circle of people subject to interrogation on the basis of request for legal aid; the bases for rejection of legal aid.

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