Skobina E.A., Rozhkova N.A. —
Correlation of international and national legal regulation in the process of extradition of foreign citizens from the territory of the Russian Federation
// International Law. – 2019. – ¹ 4.
– P. 35 - 49.
DOI: 10.25136/2644-5514.2019.4.31455
URL: https://en.e-notabene.ru/wl/article_31455.html
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Abstract: This article explores the peculiarities of legal technique in application of the norms of international law using the example of the analysis of court decisions, lawfulness and validity of decisions of the Prosecutor’s Office on extradition of a foreign citizen from the territory of the Russian Federation. The subject of this research is the norms of international and Russian law aimed at implementation of provisions on extradition of foreign citizen who have committed offences and hiding out in the Russian Federation; court decisions on the foreigners’ appeal against the action of the Prosecutor’s Office regarding the application of extradition law. The goal of this work lies in determination of trends in the process of extradition of foreign citizens. For revealing the legal technique approaches towards delivering decisions on extradition, the authors analyze the text of court decisions of the various authorities, delivered by the Supreme Court of the Russian Federation and general jurisdiction courts over the period from 2014 to 2018. The field of application of research results is the international law and criminal procedure law of the Russian Federation related to the questions of extradition. The scientific novelty consists is summarizing the case law of the Russian Federation for the past five years in the area of international cooperation on the questions of extradition and fulfilling international obligations of the Russian Federation, as well as the international standards in the sphere of protection of personal rights and freedoms. It is proven that the application of the norms of international law in resolving cases on extradition of foreign citizens from the territory of the Russian Federation ensure diligent fulfillment of international agreements of the Russian Federation containing its responsibilities in the sphere of extradition.
Skobina E.A., Rozhkova N.A. —
Significance of the World War II for the development of public international law
// International Law. – 2018. – ¹ 4.
– P. 34 - 43.
DOI: 10.25136/2644-5514.2018.4.27620
URL: https://en.e-notabene.ru/wl/article_27620.html
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Abstract: This article examines the significance of results of the World War II for development of the norms of international humanitarian law. Relevance of the topic is substantiated by the need to disprove the repeated attempts of falsification of the outcome of war and rehabilitation of fascism through enacting the legislative bills by various countries. The goal of this work is to demonstrate the transformation and implementation of the norms of warfare in the international law. The subject of this research is the norms of Nuremberg trials and their introduction into the Russian legislation. The set goal is achieved through using the methods of historical and retrospective analysis and comparative study. The field of application of the research results in the international criminal law. The author reveals the peculiarities of creating the generally recognized norm of international law that condemns the rehabilitation of fascism. A conclusion is substantiated that after the World War II was invented a mechanism for exercising the norms of identity protection during the armed conflicts at the international level, including the criminal prosecution on the persons guilty of violating the laws and customs of war in accordance with the international law. The improvement of norms of the international criminal law allowed prosecuting military servants for execution of an unlawful order of the officer with evident violation by the latter of the norms of humanitarian law. One of the important lawmaking results of the World War II became the creation of legal standards of human rights as a set of effective legal norms of international law.