APPLICATION OF ARTICLE2 OF THE CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS DURING THE PERSONAL PASSING (EXTRADITION)
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 26)Publication Date: 2020-04-30
Authors : Olkhovska Anna-Mariia; Chornobryvets Radion; Assyrian Suzanna;
Page : 94-100
Keywords : extradition; right to life; international cooperation; protection of rights and freedoms; international standards;
Abstract
The question of the application of Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms in the course of extradition is examined. A person, his life, health, honor and dignity are the most important values of a democratic society. The right to life is fundamental because it ensures the natural existence of the individual. It is emphasized that the right to life is inviolable and non-discriminatory in all its manifestations. The question of fixing the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms, namely the provisions on the right to life of a person not only at national but also at international levels, is analyzed. In particular, Ukraine, as a rule of law, signed a number of international agreements, the provisions of which it directly ratified. In addition, our country is a member of international organizations and therefore has undertaken obligations that it must fulfill in accordance with the rules of current law. In particular, States are obliged to create a quality mechanism for the protection and protection of the right to human life. The process of observing the human right to life during extradition is analyzed. Taking into account the fact that organized crime has started to spread even more, in particular, in the territories of several states at the same time, the legal institution of extradition of an offender is becoming very relevant today. The provisions of the national legislation on the extradition of a person to the law enforcement agencies of Ukraine are specified. The extradition of a person during criminal proceedings is one of the forms of international cooperation in this field. Nevertheless, it must be borne in mind that the right to life is inviolable and therefore can not be violated during extradition. The paper analyzes the practice of international cooperation in criminal proceedings, investigates problems that arise in the process of extradition. Although the right to life is enshrined at the legislative level, states do not always comply with the provisions of international treaties and thus perform their duties poorly. In this regard, the caselaw of the European Court of Human Rights has been reviewed.
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