EXTRADITION IN THE CRIMINAL PROCEDURAL LEGISLATION OF KAZAKHSTAN, KYRGYZSTAN, AND TAJIKISTAN: COMPARATIVE ANALYSIS

Abstract

This article is devoted to a comprehensive comparative legal study of the institution of extradition in the criminal procedure legislation of the Republic of Kazakhstan, the Kyrgyz Republic, and the Republic of Tajikistan. Extradition is considered a key legal mechanism for international cooperation between states in criminal proceedings, ensuring the prosecution of individuals fleeing justice outside national jurisdictions. The study analyzes the regulatory sources governing the extradition procedure, including the grounds and procedure for sending a request, the conditions for refusing extradition, the specifics of temporary detention, and the guarantees of the rights of the person against whom the extradition process has been initiated. The provisions of the criminal procedure codes of the indicated states were compared, and similarities and differences in the approaches to regulating this institution were identified. Special attention was paid to the role of international treaties, the principle of reciprocity, and the specifics of law enforcement practice. It was established that in the legislation of Kazakhstan, more detailed regulation of extradition procedures is observed, while the norms of Kyrgyzstan and Tajikistan are more oriented towards international obligations and diplomatic mechanisms of interaction. The need to further harmonize national legislation with modern international standards in the field of human rights was emphasized. The article proposes directions for improving procedural guarantees aimed at ensuring a balance between the effectiveness of legal cooperation and the protection of fundamental rights of persons subject to extradition. The research is based on comparative legal and systemic methods, utilizing regulatory documents, international agreements, and analytical materials. The results can be used in the preparation of interstate agreements, the development of legislative initiatives, as well as in law enforcement practice. The article is addressed to specialists in the field of criminal procedure, international law, and human rights.