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Author

Vagin P.A.

Title of article

Search for fugitives from investigation and trial on the territory of the commonwealth of independent states: problems and ways of their solution

Section

Improving law enforcement practice

Issue, year

4 (34) 2015

Abstract

The easiest way for criminals to avoid responsibility is moving on the territory of neighboring states, in case of the RF – mostly on the territory of CIS member states. This area of law enforcement agencies’ activities is characterized by numerous difficulties of legal and organizational nature. Defects of legal regulation of cooperation between law enforcement agencies of the CIS members concerning the issue of searching fugitives from investigation and trial are shown. Existing treaties and cooperation agreements don’t allow to act quickly, and thus effectively. There’s no possibility of crossing the border regions of neighboring states by police officers chasing the criminals in hot pursuit. Conducting surveillance on the territory of a neighboring state isn’t allowed. Taking into account the geographical position of the CIS countries, freedom of border crossing, preserved interpersonal relations, it’s proposed to conclude a multilateral treaty regulating all forms of cooperation between law enforcement agencies. The mentioned legislation problems could be solved by federal law regulating extradition of persons. The need for adoption of such law is caused by the increasing number of wanted and extradited persons, as well as the European Convention on Extradition. It’s proposed to define the cases of autonomous and parallel declaring and carrying out both types of search (interstate and international) in the normative legal acts regulating interstate and international wanted list. The wanted persons can stay on the territory of CIS and other countries. Almost all CIS members are Interpol member countries. So the interstate wanted list can be similar to the international one.

Keywords

commonwealth of Independent States; fugitives from investigation and trial; the interstate wanted list; the international wanted list; cooperation of law enforcement agencies; extradition of persons.

References

1. Mezhgosudarstvennyy rozysk lits na territorii gosudarstv – uchastnikov Sodruzhestva Nezavisimykh Gosudarstv: sb. normativnykh pravovykh aktov [International wanted persons on the territory of states – participants of the Commonwealth of Independent States. Collection of normative legal acts]. Moscow, All-Russian Research Institute of the Russian Interior Ministry, 2000. 104 p.

2. Goryainov K.K., Isichenko A.P., Kondratyuk L.V. Transnatsional’naya prestupnost’: problemy i puti ikh resheniya [Transnational crime: problems and solutions]. Moscow, All-Russian Research Institute of the Russian Interior Ministry, 1997.

3. Vystuplenie prezidenta MOUP (Interpola) g-na B. Eriksona na 24 Regional’noy Evropeyskoy konferentsii Interpola (Lyublyana, 10-12 maya 1995 g.) [Speech by President of ICPO (Interpol) Mr. B. Erikson 24 European Regional Conference of Interpol (Ljubljana, 10-12 May 1995)]. Informatsionnyy byulleten’ NTsB Interpola v Rossiyskoy Federatsii – Newsletter Interpol in the Russian Federation, 1995, no. 14.