THE LEGAL STATUS OF PRISONERS WHEN BEING TRANSFERRED TO SERVE THEIR SENTENCE IN THE STATE OF THE NATIONALITY

Abstract

The article examines and analyzes international agreements that are the legal basis for international cooperation on the mechanism of transferring prisoners, as well as international documents concerning the rights of prisoners in the process of transferring. When determining the legal status of prisoners, special attention was paid to their rights, and it was noted that the legal status of transferred prisoners should be considered as an integral part of the legal status of prisoners. The author emphasizes that the legal status of convicts in the process of their transfer is not fixed in national legislation, but the rights and obligations of convicts are defined in two- or multilateral international treaties. In addition, as a result of the analysis of the legal status of the convicted person, it is concluded that the main emphasis should be placed on the fact that the convicted person is serving a sentence in a foreign country and takes into account the rights and obligations in the process of transfer, and also emphasizes that at the stage of initiating a case for the transfer of a convicted person, there is a need to appeal to both criminal procedural and penal enforcement legislation and international standards. The author extensively reveals the relationship between the directions of international cooperation in criminal matters and puts forward proposals for amendments and additions to the national legislation.