Application of Article 5 of the ECHR to the detention of a person who has committed a criminal offense

Abstract

Purpose of the article. The purpose of this article is to examine the theoretical and practical aspects of the arrest and transfer by one state to another (upon request) of a person suspected or accused of committing a crime or a convicted offender. Methodology. The authors use such research methods as systems analysis, comparative law, documentary, bibliographic, dialectical, dogmatic, logical-legal, system-structural and modeling methods. Conclusions. After conducting this study, the authors suggested their own ways to solve problematic aspects of the legal regulation of extradition in Ukraine. Originality or value. This study analyzes the Ukrainian legislation and decisions of the European Court of Human Rights. The study of detention outside the territory of Ukraine from the point of view of the national legislation of Ukraine and the European Court of Human Rights is complementary. This article defines the legal grounds and procedure for extradition of persons who have committed a crime outside the territory of Ukraine. The peculiarities of the national legislation in case of detention of a person who has committed a criminal offense outside the territory of Ukraine are analyzed, problematic issues in this area are identified and own solutions are proposed. The aspect of realization of the rights and freedoms of the detainee, including the right to protection, is investigated separately.