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

Autores/as

  • Vitalii A. Zavhorodnii Department of Theory and History of State and Law Dnipropetrovsk State University of Internal Affairs
  • Oksana Orel Department of Legal Support National Academy of the National Guard of Ukraine
  • Galyna Muliar Department of Criminal Law, Process and Criminology Academy of Labor, Social Relations and Tourism
  • Olga I. Kotlyar Department of International Law, State University "Uzhhorod National University"
  • Volodymyr Zarosylo Department of Security Management, Law Enforcement, and Anti-Corruption Activities, Educational-Scientific Institute of Law named after Volodymyr the Great, Interregional Academy of Personnel Management

DOI:

https://doi.org/10.5102/rdi.v19i1.7757

Resumen

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.

Biografía del autor/a

  • Vitalii A. Zavhorodnii, Department of Theory and History of State and Law Dnipropetrovsk State University of Internal Affairs
    Dr. of Law at the Dnipropetrovsk State University of Internal Affairs. Full Doctor in Legal Science, Professor at the Dnipropetrovsk State University of Internal Affairs.
  • Oksana Orel, Department of Legal Support National Academy of the National Guard of Ukraine
    PhD in Law, Associate Professor, Head of the Department of Legal Support at the National Academy of the National Guard of Ukraine.
  • Galyna Muliar, Department of Criminal Law, Process and Criminology Academy of Labor, Social Relations and Tourism
    Full Doctor in Legal Science, Associate Professor at the Academy of Labor, Social Relations and Tourism. Dr. of Law at the Academy of Labor, Social Relations and Tourism.
  • Olga I. Kotlyar, Department of International Law, State University "Uzhhorod National University"
    PhD in Law, Associate Professor of the Department of International Law at the State University "Uzhhorod National University".
  • Volodymyr Zarosylo, Department of Security Management, Law Enforcement, and Anti-Corruption Activities, Educational-Scientific Institute of Law named after Volodymyr the Great, Interregional Academy of Personnel Management
    Full Doctor in Legal Science, Professor, Head of the Department of Security Management, Law Enforcement and Anti-Corruption Activities at the Interregional Academy of Personnel Management. Dr. of Law at the Interregional Academy of Personnel Management.

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Publicado

2022-04-25

Número

Vol. 19 Núm. 1 (2022): International Law and climate litigation

Sección

Artigos

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Cómo citar

Application of Article 5 of the ECHR to the detention of a person who has committed a criminal offense. (2022). Brazilian Journal of International Law, 19(1). https://doi.org/10.5102/rdi.v19i1.7757