INTERNATIONAL LEGAL ASSISTANCE: AXIOLOGICAL ASPECTS OF IMPLEMENTATION

Abstract

The goal of scientific research and analysis of criminal procedural relations in the field of international legal assistance is the valuable aspects of improving its implementation by analyzing the procedure of joint investigative teams. Joint investigative teams are an effective tool for international legal assistance. Empirical indicators of the activity of such groups are provided in the article. Multilateral and bilateral joint investigative teams depending on their creation by the participating States were established. Separate provisions of the European Convention on Mutual Assistance in Criminal Matters, the Agreement between Ukraine and the Republic of Georgia on Legal Assistance and Legal Relations in Civil and Criminal Matters, the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, and other international legal instruments were analyzed. The algorithm for creating joint investigative teams was justified, and the historical origin of their operation was determined. The most widespread crimes in the world were considered, methods of their commission were analyzed. Attention is focused on the role of the European Union institutions in the implementation of the activities of joint investigative groups and their synergistic nature. An important prerequisite for successful cooperation is also that seconded members (i.e. from parties other than the party in whose territory the team operates) of the joint investigation team have the right to be present during the investigation activities in the territory of the party where the team operates. However, for special reasons, the head of the group may make a different decision in accordance with the legislation of the party in whose territory the group operates. Thus, the host party has the right to refuse the participation of the seconded member of the group in the procedural action. It was concluded that joint investigative teams are the best tool when implementing international legal assistance. The architecture of relationships in such groups has a synergistic nature, optimizes the result, makes the pre-trial investigation effective. Moreover, it is worth noting that the spectrum of procedural actions is not limited only to the branch legislation of Ukraine, but goes beyond it, while remaining within the limits of international agreements. Fraud remains the most common category of cases for joint investigation teams to investigate.