Fedyunin A. —
Establishment and development of legal regulation of the court's activity in transfer of foreign citizens sentenced by Russian courts to serve their sentence in the country of citizenship
// Legal Studies. – 2021. – ¹ 11.
– P. 85 - 93.
DOI: 10.25136/2409-7136.2021.11.36865
URL: https://en.e-notabene.ru/lr/article_36865.html
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Abstract: This article analyzes the establishment of legal regulation of the court's activity in the consideration and resolution of the question of transferring foreign citizens sentenced by the court of the Russian Federation to serve their sentence in country of citizenship. The author offers periodization of the chronology of its evolution, and draws attention to the gaps and inaccuracies in the current legislation and the need for amending normative legal framework, which is testified by the legal acts adopted by the state authorities of the Russian Federation, including those aimed at regulation of international legal relations in this sphere, as well as the works of the scholars-processualists. The conclusion is made that the corresponding court's activity acquires a special role. Compared to the Soviet period, national and international norms that regulate the court’s activity in this area have experiences significant changes, as the number of convicts transferred to their country of citizenship has increased considerably, the contractual practice of the Russian Federation has expanded, which is substantiated by the globalization processes and the need for the development and strengthening of international cooperation of the Russian Federation with foreign countries in the sphere of transferring foreign citizens. Examination of the chronology of changes experienced by the normative legal framework of the court’s activity in the course of its establishment and development, allows choosing the right direction for further improvements.