Extradition of persons for criminal prosecution or execution of a sentence, taking into account their nationality

Introduction: The principle of nationality is of crucial importance when deciding whether to extradite persons for prosecution or for the enforcement of a sentence. In international practice, the consideration of a person's nationality in extradition is dealt with in different ways. Some countries do not allow extradition of their own nationals, while in other countries there are no special obstacles to it. In the theory of Russian criminal procedure the issue of the possibility of extradition of own nationals is debatable. Materials and Methods: The normative basis is formed by international documents, the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation. The methodological basis is historical, formal-legal methods, as well as general scientific methods of analysis, synthesis, comparison. The Results of the Study: It is proposed in the Code of Criminal Procedure of the Russian Federation to resolve the issue of extradition for criminal prosecution or execution of a sentence of a citizen of the Russian Federation who has dual citizenship in favor of the state of which he considers himself a citizen, provided that there is a corresponding international agreement of the Russian Federation with a foreign state. Findingss and Сonclusions: The principle of citizenship means a legal connection between an individual and the state and determines the non-extradition of Russian citizens, enshrined in the Constitution of the Russian Federation. In turn, the non-extradition of Russian citizens to foreign states is the most important provision ensuring the protection of constitutional rights and freedoms of citizens.