Actions by the prosecutive divisions of the criminal executive system in respect of the condemned defending the criminal punishment outside the Russian Federation: problems of regulatory regulation and practice algorithms

The Federal Penitentiary Service is defined by Decree of the President of the Russian Federation as one of the competent authorities of the Russian Federation, which cooperates in the established manner with state authorities of foreign states and international organizations in the search for persons. The main subject of investigative work in the penal system is the investigative units of the territorial bodies of the FSIN. The article defines the legal basis for the activities of the UIS search units in relation to a convicted person evading criminal punishment outside the Russian Federation, and on this basis the algorithm of actions of the search units of the Criminal Executive System of the Federal Penitentiary Service of Russia aimed at listing and terminating the search (search cases) in respect of a convicted person evading criminal punishment when establishing his whereabouts outside the Russian Federation. The grounds and procedure are determined in various situations of interstate and international search - when a person detained outside the Russian Federation is not a citizen of the state in which his location is established; when she is a citizen of this state; and in the case of detention of persons who are bipatrides, refugees, internally displaced persons or stateless persons. The above results of a comparative analysis of interstate and departmental grounds for terminating the search indicate a significant narrowing and excessive casuism, and in connection with this the incompleteness of the latter and the need to improve them, bringing them into line with the general norms contained, in particular, in the Rules of the competent authorities for implementation the interstate search for persons in 2015, which has a higher legal force as an interstate regulatory legal act. Taking into account the recommendations made may have an effect on the procedure for applying the established grounds for terminating the search, as well as the practice of investigative proceedings.

international search, interstate search, Interpol, UIS Federal Penitentiary Service of Russia, grounds for termination of the search