Impact on extradition features of the legal status of the individual as an example of failure states to extradite its own citizens

Abstract

This article analyzes the norms of international law and national legislation governing extradition. The problems of implementation of one of the principles of extradition, namely «non-extradition of its own citizens.»
The study of legal regulation in different countries of the matter shows that the state in all cases exercise full jurisdiction in respect of individuals who are on its territory. However, in some cases, for example a national commission of a crime on the territory of another state, sharply raises the question of his extradition to other states, with the result that has to make a choice: either to take proceedings in respect of its own citizens, or to extradite him. Resolving this issue is not always has a unique solution, and is largely determined by the country’s current legislation regulating the legal status of the individual. This aspect is invited to consider the proposed article.
Key words: Convention law, international law, jurisdiction, extradition, extradition, citizenship, criminal legal aid.