{"title":"建立和发展刑事诉讼领域国际合作的法律规制","authors":"I. Zavydniak","doi":"10.15421/392203","DOIUrl":null,"url":null,"abstract":"The article examines the problems of the formation and development of the main institutions of international cooperation in the field of criminal procedure. The doctrinal approaches and norms of the first international treaties in this area are analyzed. The first institutions and directions of international cooperation in the field of criminal procedure are outlined, their specificity and features are revealed. It is noted that the first legal institution in the field of international cooperation, which later became directly related to the sphere of criminal procedure, was the institution of extradition (this institution, throughout its history, has been and remains a system consisting of several procedures by which one sovereign issues another sovereign a person (criminal) who has committed a crime and is wanted). Attention is focused on the fact that from ancient times until the end of the seventeenth century, extradition was not an institution of international law, let alone a criminal process. The vast majority of extradition cases were caused by political or religious circumstances, but not by the need for mutual assistance in the framework of the criminal process. Therefore, most of the known treaties of this period provided for the extradition of exclusively political and religious criminals or defectors. It is noted that similar tendencies of the institution of extradition were characteristic in the territory of Ukraine. An outstanding role in the formation of the foundations of international cooperation in the territory of Kууivs’ka Rus’ was played by «Russian Truth», which contained the norms of criminal, inheritance, commercial and procedural legislation. It was determined that from the 17th century the first scientific comments and principles of international cooperation in the fight against crime began to appear, and the foundation was laid for the formation in the doctrine of international law of the concept, which is defined in our time as the commission of criminal prosecution at the request of a foreign state. 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The first institutions and directions of international cooperation in the field of criminal procedure are outlined, their specificity and features are revealed. It is noted that the first legal institution in the field of international cooperation, which later became directly related to the sphere of criminal procedure, was the institution of extradition (this institution, throughout its history, has been and remains a system consisting of several procedures by which one sovereign issues another sovereign a person (criminal) who has committed a crime and is wanted). Attention is focused on the fact that from ancient times until the end of the seventeenth century, extradition was not an institution of international law, let alone a criminal process. The vast majority of extradition cases were caused by political or religious circumstances, but not by the need for mutual assistance in the framework of the criminal process. Therefore, most of the known treaties of this period provided for the extradition of exclusively political and religious criminals or defectors. It is noted that similar tendencies of the institution of extradition were characteristic in the territory of Ukraine. An outstanding role in the formation of the foundations of international cooperation in the territory of Kууivs’ka Rus’ was played by «Russian Truth», which contained the norms of criminal, inheritance, commercial and procedural legislation. It was determined that from the 17th century the first scientific comments and principles of international cooperation in the fight against crime began to appear, and the foundation was laid for the formation in the doctrine of international law of the concept, which is defined in our time as the commission of criminal prosecution at the request of a foreign state. 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引用次数: 0
摘要
本文探讨了刑事诉讼领域主要国际合作机构的形成和发展问题。分析了这一领域的首批国际条约的理论途径和规范。概述了刑事诉讼领域国际合作的机制和方向,揭示了其特殊性和特点。值得注意的是,国际合作领域的第一个法律机构是引渡机构(该机构在其整个历史上一直是并且仍然是一个由若干程序组成的系统,一个主权国通过这些程序向另一个主权国提供犯有罪行并被通缉的人(罪犯))。人们的注意力集中在这样一个事实上,即从古代到17世纪末,引渡都不是一项国际法制度,更不用说刑事程序了。绝大多数引渡案件是由于政治或宗教情况造成的,而不是由于在刑事程序框架内需要相互协助。因此,这一时期的大多数已知条约只规定引渡政治和宗教罪犯或叛逃者。委员会指出,乌克兰境内也有类似的引渡制度倾向。《俄罗斯真相》在形成Kууivs ' ka Rus '领土上国际合作的基础方面发挥了突出的作用,其中包含了刑事、继承、商业和程序立法的规范。人们确定,从17世纪开始出现了第一批关于国际合作打击犯罪的科学评论和原则,并为国际法学说中形成这一概念奠定了基础,在我们这个时代,这一概念被定义为应外国的要求进行刑事起诉。刑事诉讼领域国际合作的分期已经形成,即确定了六个历史时期,每个时期都有自己的法律规定类型。
ESTABLISHMENT AND DEVELOPMENT OF LEGAL REGULATION OF INTERNATIONAL COOPERATION IN THE SPHERE OF CRIMINAL PROCEDURE
The article examines the problems of the formation and development of the main institutions of international cooperation in the field of criminal procedure. The doctrinal approaches and norms of the first international treaties in this area are analyzed. The first institutions and directions of international cooperation in the field of criminal procedure are outlined, their specificity and features are revealed. It is noted that the first legal institution in the field of international cooperation, which later became directly related to the sphere of criminal procedure, was the institution of extradition (this institution, throughout its history, has been and remains a system consisting of several procedures by which one sovereign issues another sovereign a person (criminal) who has committed a crime and is wanted). Attention is focused on the fact that from ancient times until the end of the seventeenth century, extradition was not an institution of international law, let alone a criminal process. The vast majority of extradition cases were caused by political or religious circumstances, but not by the need for mutual assistance in the framework of the criminal process. Therefore, most of the known treaties of this period provided for the extradition of exclusively political and religious criminals or defectors. It is noted that similar tendencies of the institution of extradition were characteristic in the territory of Ukraine. An outstanding role in the formation of the foundations of international cooperation in the territory of Kууivs’ka Rus’ was played by «Russian Truth», which contained the norms of criminal, inheritance, commercial and procedural legislation. It was determined that from the 17th century the first scientific comments and principles of international cooperation in the fight against crime began to appear, and the foundation was laid for the formation in the doctrine of international law of the concept, which is defined in our time as the commission of criminal prosecution at the request of a foreign state. The periodization of international cooperation in the field of criminal procedure has been developed, namely, six historical periods have been identified, each of which has its own type of legal regulation.