Article title Theoretical and Legal Bases of Cooperation of Ukraine with International Judicial Institutions
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 12/2017
Сторінки [95-101]

Cooperation with international judicial institutions is one of the priority directions of development in the criminal process. However, full cooperation at this stage cannot be realized due to a number of theoretical and legal issues. In particular, it is a question of the necessity of developing and improving the terminology apparatus, in particular, the notions of «international judicial institutions» and the definition of their system; «The verdict of an international judicial institution». Under the «international judicial body», we propose to understand a judicial or other body with similar powers to conduct criminal proceedings (justice) , created on the basis of an international treaty or a decision of an international organization, the official consent of which has been granted by the legislative body of the state in accordance with the procedure established by domestic law. The analysis of the current criminal procedural legislation of Ukraine allows us to conclude that there are legal preconditions for full cooperation, which must be carried out in all possible procedural forms (extradition of offenders to an international judicial institution, the commission of necessary procedural actions in the interests of justice in the case which is in the proceedings of the latter), however the CPC of Ukraine provides for cooperation in the form of recognition and enforcement of sentences of international judicial institutions and the adoption of persons sentenced by such courts to deprivation of liberty in an order similar to the recognition and enforcement of sentences of foreign states courts. A prerequisite for the recognition and enforcement of sentences of international judicial institutions is the recognition of the jurisdiction of the relevant international judicial institution, and for the possibility of a procedural recognition and enforcement of the sentence — the existence of an appropriate legal procedure. That is, the existing legal framework for the full implementation of international cooperation with international judicial institutions needs to be improved, in particular, byestablishing a national mechanism for the implementation of commitments made (with a clear definition of terms), alignment with national domestic law and a clear delimitation of the jurisdiction of international judicial institutions with national courts.

Keywords international cooperation in criminal proceedings, international justice, international judicial institutions, international tribunals, international criminal process, international criminal court, international justice