Refusal of extradition of persons subject to xtradition as a guarantee of the protection of human rights: problematic aspects

This article is devoted to the problematic aspects of the implementation of the extradition procedure when providing legal assistance. The author set a goal to investigate the main reasons for refusing to extradite a person in the context of ensuring human rights. The novelty elements are: it is substantiated that in modern conditions, under no circumstances should extradition violate human rights, which is determined by the anthropocentric vector of development of both domestic legal systems and international legal systems; it is proposed to distinguish between two types of extradition: interstate and international; the author proved that control over the observance of human rights by the extraditing state can include the following: the right to check the state of observance of human rights, the right to meet with the extradited person in order to find out his real situation, the right to demand a report from the requested state about the state of compliance with the rights of the extradited person, the right to demand the return of the extradited person in case of violation of his rights; a proposal was made to introduce at the level of the internal national legislation of states the extradition of all individuals, including their own citizens, who are suspected of committing international crimes or convicted of such crimes on the basis of a court verdict, which will contribute not only to making the situation impossible avoidance of the guilty from responsibility, but will also serve as a certain preventive measure. It is concluded that the extradition procedure is quite complicated, which may be accompanied by certain difficulties in practice, but this does not under any circumstances mean that the participants of such relations should level human rights.