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On the Right to Protection of the Person Requested to Extradition
Authors: Alexander А. Nasonov
Number of views: 432
In article the problem of participation in the Russian criminal legal proceedings of the person which delivery is requested by the foreign state for criminal prosecution rises. Its possibility to use the right to protection is proved. The structure of the right to protection which is presented by the rights of the person necessary for it for realisation of personal protection is resulted; the rights of the person to use services of the defender; the powers of the defender used for protection of the person which delivery is requested; the rights of the lawful representative of the minor person which delivery is requested, used by it with a view of protection of the represented. The bases of occurrence of the right to protection with reference to the person, the persons which delivery is requested, to which the general bases (norms of the right, правоспособность and capacity of the subject) and specific in the form of actual structure (a direction the requesting state to the required state of inquiry about deliveries of the person and the fact of reception of the specified document the required state concern are investigated also; the request for time detention of the searched person when the commission about delivery is not directed by the requesting party yet, but it assumes it to make and the fact of reception of such request the required party). Besides, distinction between legal subjects on protection and subjects of realisation of the right to protection is spent. Components of the mechanism of realisation of the right to protection are analyzed, its features one of which is ability to be one of remedial levers with which help appointment of criminal legal proceedings is carried out reveal.