LEGAL ASPECTS OF INTERNATIONAL COOPERATION AGAINST CORRUPTION AND OTHER CRIMES UNDER DIGITAL INTEGRATION
LEGAL ASPECTS OF INTERNATIONAL COOPERATION AGAINST CORRUPTION AND OTHER CRIMES UNDER DIGITAL INTEGRATION
ВАЛИЖОНОВ Далер Дилшодович
Анализ
Dec 11, 2023
The integration processes taking place in the modern world have a significant impact on the economy and politics, setting new challenges for countries. It should be noted that the annual increase in the provision of mutual legal assistance by the member states of the CIS (Commonwealth of Independent States) and the SCO (Shanghai Cooperation Organization) on criminal prosecution and extradition of persons is an objective reality, a consequence of the expanding interaction between law enforcement agencies of the states participating in these organizations. In practice, the interests of the fight against crime, especially considering modern means of communication that facilitate flight abroad, have forced most states to conclude a whole network of agreements on the mutual extradition of a criminal (extradition). In addition, the active development of the area of cooperation under consideration in recent years, as well as the improvement of international legal norms and domestic legislation in the field of criminal process objectively determine the urgent need to improve the institution of extradition, criminal prosecution and other forms of legal assistance in criminal matters, as in legislative and at the law enforcement level.
In its most general form, the concept of extradition can be defined as the transfer of persons who committed crimes, from one state (requested) in whose territory they are located to another state (requesting), in whose territory the crime was committed or of which the offender is a citizen. Understanding the legal nature of extradition is not the same. Some scholars believe that the extradition of criminals is a purely administrative matter, because often the decision on it is not made by the court, but by the government or any of its organs1. Domestic legal scholars at the beginning of the last century have already recognized that “at present, all the interest of international criminal law is concentrated in the doctrine of extradition”2. Moreover, our contemporaries, analyzing the course of history, began to note the fact that “... the periodization of international criminal law begins, which coincides with the well-known periodization of international law in general”.
In modern legal science, it is determined that the institution of extradition “... is a set of regulatory requirements governing the transfer of the person who committed the crime from one (requested) state to another (requesting) state to bring to criminal responsibility and (or) serving a sentence”.
The following characterizing feature is noted: “the institution of extradition of a person ... as an institution of law is distinguished by the complexity of the legal components that determine its nature”. These components and determining elements are: - Norms of conventions governing treaties on legal assistance and legal relations between states; - Usually-legal norms that arose because of prolonged interaction of states, prescribing proper behavior and recognized as legally binding; - National (domestic) legal standards.
The very concept of extradition of a person for criminal prosecution or execution of a sentence, representatives of legal science offer many definitions. In addition, when interviewing a detained person, the prosecutor receives detailed explanations from him about the places of stay (residence) in Uzbekistan. Based on the information received, he seeks information confirming these circumstances from the territorial divisions of the Ministry of Internal Affairs of the Republic of Uzbekistan. The prosecutors verify the authenticity of the documents held by this person, establish his identity and citizenship, and demand information on the possible belonging of the detainee to the citizenship of the Republic of Uzbekistan. At the same time, the prosecutor checks the availability and authenticity of the data, considering which extradition of a person may be refused or extradition may be delayed.
According to the norms of the United Nations Convention against Transnational Organized Crime, and a number of other international treaties of the Republic of Uzbekistan on extradition, the requested party applies domestic law when detaining a person to ensure his extradition. In this regard, in order to ensure the rights of detainees of this category, the interrogating officer or investigator draws up a detention protocol in compliance with the requirements of the Code of Criminal Procedure of the Republic of Uzbekistan. When drawing up the detention protocol, the person is explained the reasons for the detention, the right to receive a copy of the detention protocol, the right to give explanations on issues related to the extradition procedure, including in the native language, or the language that he speaks, or refuse to give explanations. Now we will discuss some differences in the criminal procedure legislation of the CIS member states. At the same time, in the criminal procedure legislation of a number of CIS member states, there are currently no rules obligating to give the above guarantees when sending requests for extradition1. In addition, in the criminal procedure legislation of a number of CIS countries there are other differences that negatively affect the extradition process. In particular, in Georgia, Ukraine and Moldova, judges under the current criminal law can decide on the detention of the wanted person for only a month, which is obviously not enough to solve extradition issues in the states that detained the wanted persons. Extradition procedures should be extremely short, but provided with convincing evidence and not contradict national legislation. Practice shows that there are still not a few cases of inaccuracies in the translation of materials of criminal cases sent abroad into the language of the requested party, the lack of translation of all materials of the case, improper certification of investigative materials, including the official seal. In some criminal cases, the investigation period is extended without considering the time required for these cases to be received by the law enforcement authorities of the requested state. A significant problem remains the question of the timeliness of sending the state, the initiator of the search for a person in order to extradite him for criminal prosecution. The delay in providing the state requesting the issuance of the necessary documents reduces the effectiveness of the interstate criminal investigation, forces time and resources to organize a re-search, which, as a rule, is ineffective. It is no coincidence that issues related to extradition are given a separate chapter 65 of the Code of Criminal Procedure of the Republic of Uzbekistan. The development and improvement of this institution is dictated by the urgent needs of practice. Considering the problems of extradition, experts note two trends in the current practice of extradition. Summing up, it should be noted that a study of foreign experience found that in some European countries, the USA, Canada, Belgium, Turkey, Slovenia, Korea, Malaysia, India, Thailand and others, the legal mechanism is actively used as a measure to return wanted persons to the country to annul the validity of the passport (without deprivation of citizenship) of the wanted person. Cancellation of the validity of a passport as compared with extradition of a wanted person is not a costly measure for the State budget in comparison with extradition. Based on the foregoing, in accordance with the law signed by the President of the Republic of Uzbekistan on 08/28/2019, the Code of Criminal Procedure of the Republic of Uzbekistan introduced a rule regarding the suspension of a passport. More precisely, the code is supplemented by a new chapter 28-1, which provides for the procedure for canceling the validity of a biometric passport for traveling abroad.
As well as the Criminal Procedure Code, articles 36, 381, 310 and 382 have been amended, defining the powers of the inquiry officer, investigator, and prosecutor, as well as the procedure for appealing and restoring rights regarding the cancellation of the validity of a biometric passport for traveling abroad. Now, if there is reason to believe that the accused or defendant, who was wanted, can go abroad or move abroad using a passport, this passport can be suspended in court. Suspension (cancellation) of the passport is carried out in order to prevent the accused, defendant from evading inquiry, preliminary investigation and trial, suppressing his further criminal activity, and ensuring the execution of the sentence. Passport suspension refers to the temporary suspension of a passport, biometric passport, biometric passport for traveling abroad and a travel document of a stateless person.
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