Boiko I. Application of coercive criminal-procedural measures in extradition process.

The dissertation is the first in the national science of criminal procedural law since the adoption of the Criminal Procedure Code of Ukraine in 2012 by a special comprehensive study of the application of criminal procedural coercion in the extradition process. The dissertation defines theoretical and legal aspects of the use of criminal procedural coercion in the implementation of international cooperation. The concept of “jurisdiction” and its importance for the application of measures of criminal procedural coercion are considered. The measures of procedural coercion that can be applied in the implementation of various forms of international cooperation are identified and streamlined. The concept of «extradition process» is formulated and its division into stages is carried out. Classically criminal procedural coercion in an extradition process. The circle and features of the application of preventive measures in extra-traditional production are clarified. The organizational and procedural procedure for announcing a person in the international/interstate search is disclosed. The procedural procedure for applying measures of criminal procedural coercion at the stage of establishing the fact of finding the wanted person in the territory of the requested state and after receiving a request for extradition (extradition) of a person has been determined. The procedure for making a decision on extradition is described and measures of criminal procedural coercion are established that can be applied at this stage of production. The procedure for organizing and implementing the actual movement (transfer) of a person to the territory of the requesting state has been established. The author's definition of “extradition proceedings” is proposed, which is the procedure for extradition of a person determined by the criminal procedural law, which consists of certain stages, an ordered set of procedural actions, and, if necessary, the adoption of procedural decisions by the central (authorized) and the competent authorities of the requesting and the requested States within their authority regarding a person who has committed a criminal offense in the territory of a foreign state for the purpose of resolving for the overall objectives of the criminal proceedings and special, including the goal of bringing a person to criminal liability and enforcement of court conviction of a foreign country. The extradition proceedings are structured based on the following grounds: the criterion of consistency and the legally determined possibility of coercion, be divided into the following stages. Theoretically substantiated proposals have been formulated to improve the criminal procedural legislation of Ukraine regarding the application of measures of criminal procedural coercion in criminal proceedings.