The aim of the paper is to assess the validity of the extradition request and provide an objective advice on whether should Kazakhstan extradite Mr. Yanukovich or not. In order to reach the final decision, the paper would examine issues like, relevant principle of jurisdiction, relevant treaty, the issue of recognition, immunity and political offence exception
To begin with, the relevant principle of jurisdiction should be examined in order to assess the validity of the extradition request. According to Glahn and Taulbee (2013), “principle of jurisdiction refers to the allocation of legal competence to regulate certain categories of persons, events, and things within a state and among various levels and institutions of government.” (p. 233). The definition implies that there should be an effective link connecting the state claiming jurisdiction and the event that took place. Currently, there are five principles of jurisdiction recognized by the international practice: territory, nationality or active personality, protective personality, passive personality, and universality (Glahn and Taulbee, p. 235). ...
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...refore, the delay of the extradition would not the optimal choice. Further, Mr. Yanukovich might face an unfair trial and torture based on his political views. Ultimately, the extradition might bring another wave of social unrest in Ukraine which is not a desirable outcome. Thus, referring to abovementioned justifications Kazakhstan should let Mr. Yanukovich leave to another country. Both, the extradition and keeping Mr. Yanukovich in Kazakhstan are not optimal and justifiable actions.
1. Von Galhn and Taulbee. 2013. Law Among Nations. An Introduction to Public International Law. Pearson Education.
2. BBC News. www.bbc.co.uk
3. New York Times. www.nytimes.com
4. Kishinev Convention on Mutual Legal Assistance on Civil, Family and Criminal Cases. www.unodc.org
5. Kazakhstan – Ukraine economic relations renewal agreement. www.interfax.kz
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