Criminal Procedure and Forensic Aspects of Mutual Legal Assistance between States in Criminal Matters: Experience of Ukraine and the Republic of Azerbaijan

Abstract

This article, through the description of real experiences, reveals some of the obstacles that arise when applying the international, national, and domestic laws of the Republic of Azerbaijan and Ukraine in the fight against crimes of an international character, and offers alternatives to address them. International legal assistance between States in criminal cases is provided in accordance with international agreements. The instruments of cooperation in the field of mutual legal assistance between States in criminal matters are well known to European judges and prosecutors. However, experience shows that post-Soviet countries have been reluctant to use mutual legal assistance in criminal matters because of the practical problems that often arise. The solutions to these problems are not only found in national or international legal texts and regulations, directives, or conventions. It is concluded that legal assistance among States in criminal cases is essential to extradite offenders facing criminal charges or to execute court sentences, to extradite persons, to transfer convicted persons to serve their sentences and to seize, search for and confiscate the proceeds of crime.