CONCEPT AND LEGAL BASIS OF INTERNATIONAL COOPERATION

Abstract

The article is devoted to the study of the concept, principles and forms of international cooperation during criminal proceedings. It is determined that international cooperation during criminal proceedings promotes interaction between law enforcement agencies of states regarding the exchange of information, transfer of data, documents, materials and conduct of procedural actions, which ensures a comprehensive study of evidence and their inclusion in the materials of criminal proceedings, and also provides an opportunity to fully and objectively study the circumstances of the crime, to make a reasoned and motivated decision. The forms of international cooperation are considered. Attention is focused on the fact that the forms of international cooperation during criminal proceedings are provided for not only by national legislation, but also by international treaties and agreements of Ukraine. International cooperation during criminal proceedings is carried out in the following forms: 1) exchange of information during pre-trial investigation; 2) participation of representatives of law enforcement agencies of the contracting state in conducting procedural actions; 3) international legal assistance; 4) extradition of persons who have committed a criminal offense; 5) temporary transfer of persons; 6) taking over criminal prosecution; 7) transfer of convicted persons; 8) execution of sentences; 9) other forms of cooperation provided for by international treaties and agreements (extradition of a person to a third state, temporary arrest of a person, transit transportation and transfer of a person or property, etc.). The article outlines the concept and types of principles of international cooperation, namely: 1) observance of human and citizen rights and freedoms, protection of the interests of the person; 2) reciprocity and voluntariness of cooperation of states; 3) non-interference in the internal affairs of other states; 4) sovereign equality of states; 5) conscientious fulfillment of obligations defined by international treaties; 6) prompt and effective implementation of international legal assistance; 7) legality; 8) rule of law; 9) equality before the law and court.