PROCEDURE AND FEATURES OF THE NATIONAL PROCEDURE FOR EXECUTING A REQUEST FOR THE ARREST AND SURRENDER OF A PERSON TO THE INTERNATIONAL CRIMINAL COURT

Abstract

The article examines the procedure for executing a request for arrest and surrender of a person and the actual transfer to the International Criminal Court.

It is noted that the transfer of persons to the International Criminal Court is based on the principle of vertical cooperation, which requires a clear demarcation of powers between national law enforcement and judicial bodies and international judicial institutions.

The existence of a number of regulatory conflicts and legal gaps has been established, which may significantly limit the effectiveness of Ukraine's interaction with the International Criminal Court in the issue of executing a request for arrest and surrender of a person.

It is argued that the legal basis for executing requests from the International Criminal Court for arrest and surrender of a person is provided by Articles 631-633 of the Code of Criminal Procedure and Articles 59, 89, 91 of the Rome Statute. However, there are certain differences between them in terms of regulating the specified procedure.

It is noted that the procedure for the national procedure for executing the request of the International Criminal Court for the arrest and transfer of a person has certain features.

Attention is drawn to the shortcomings of the wording of Article 632 of the CPC, which may affect the effectiveness of its implementation, in particular: 1) delay in considering the issue of the temporary release of a person; 2) dependence of the investigating judge on the recommendations of the International Criminal Court; 3) lack of appeal of the ruling of the investigating judge; 4) repeated application of a preventive measure.

The thesis is proved that the procedure for organizing the transfer of a person to the International Criminal Court, provided for in Article 633 of the CPC, has certain shortcomings that create risks for the rapid and proper execution of the transfer of a person and may violate the rights of persons to whom the specified procedure is applied, in particular: 1) uncertainty of the procedure for the transfer of a person; 2) uncertainty of the terms of the transfer of a person; 3) uncertainty of the term for postponing the transfer of a person.

It is emphasized that the harmonization of the Criminal Procedure Code of Ukraine with the provisions of the Rome Statute in terms of arrest and surrender of persons is not only an international obligation, but also a necessary condition for ensuring the inevitability of punishment for the most serious crimes that cause concern to the entire international community.

It is argued that the ratification of the Rome Statute requires Ukraine to move from formal recognition of the jurisdiction of the International Criminal Court to the creation of an effective procedural mechanism for interaction in the issue of executing a request for arrest and surrender of a person to the International Criminal Court.

Keywords: criminal procedure code, Rome Statute, international criminal court, features of the transfer of a person; procedure for the transfer of a person; stages of the transfer of a person; execution of the request; actual transfer.