International Cooperation Between Russia and the United States in Extradition of Persons for the Purposes of Prosecution: Challenges and Opportunities

Abstract

The article analyzes current state of Russian-American cooperation in legal matters, namely in extradition of persons for the purposes of criminal prosecution. Moreover, it examines factors, which negatively affect such cooperation. It demonstrates that one of the consequences of deteriorating relations between the two countries is a politically motivated virtual US refusal to cooperate with the Russian Federation in extradition and the focus of the United States on mechanisms to ensure Russian citizens’ stay in the US territory, which is justified by the KerFrisbie Doctrine. The article studies US legal regulation and sources of the US law regarding extradition. Special attention is paid to the implementation of treaties as a legal basis for the US international cooperation in extradition. It indicates the difference both in the status and in application of bilateral treaties of the United States on extradition and multilateral treaties on extradition and on combating certain crimes, to which the US is a party. The author concludes that it is possible to positively resolve a matter of extradition from the US territory for criminal prosecution only provided that a bilateral agreement with the requesting party exists. The article studies significance and distinguishing characteristics of judicial precedents as sources of legal regulation of extradition in the United States. Furthermore, the article provides an examination as to how judicial precedents deal with matters decided at the consideration of requests for extradition, as well as distinguishing characteristics of the US criminal procedure in this sphere. It analyzes legal regulation of the reciprocity principle in the US international cooperation in extradition. It shows the impossibility of its implementation in Russian-American cooperation. The author strongly recommends to take into consideration polysystemic nature of legal regulation of extradition in Russian-American cooperation. Furthermore, the author stresses that legal requests for extradition must contain data on those matters that are decided by American courts. It is emphasized that in Russian-American cooperation it is impossible to refer to the principle of reciprocity as a legal basis for extradition, and that a bilateral Russian-American agreement on extradition is much needed. The article also provides reasons for implementation of Convention for reciprocal extradition of criminals of 1887, as neither Russia nor the United States after it became effective took actions to terminate the treaty or to withdraw from it.