The formation and development of the concept of non-extradition of one's own citizens

In the theory of criminal law, debates continue regarding almost all legal aspects of the extradition institution, starting from the definition of its legal nature and legal origins to questions about the feasibility of preparing a unified national regulatory legal act dedicated to this issue. Several models of extradition can be identified. The European model allows for extradition both in the presence and absence of an international treaty confirming the possibility of extradition. The Anglo-American system uses the principle of territorial jurisdiction, while the European model adheres to the principle of consular jurisdiction and provides for the possibility of holding accountable individuals who committed a crime in the territory of another state in their country of citizenship or nationality. The USA, the UK, India, and other countries following the Anglo-American model maintain the position that the status of a citizen of the state in this matter does not differ from that of a foreign citizen or stateless person. In Russia, a model of categorical prohibition on the extradition of its own citizens is applied, the reasons for which are weakly represented in the doctrine. Method, research methodology. In preparing this research, the author used methods such as formal-legal, historical, comparative, as well as methods of analysis, induction, and deduction. The formation of the concept of non-extradition of one's own subjects took a considerable period during which this rule was initially, particularly for Russia, a priori, as extradition practice shows, and then began to be recorded in bilateral inter-state agreements. The doctrine of law proceeded from the idea that the punishment of an individual who committed a crime in the territory of another state and their extradition are in a dichotomous link. Exclusion from the circle of extraditable individuals corresponds to their punishment by their own state, which is explained by the personal principle on which criminal law is based. Russia has not extradited and does not extradite its citizens at the request of other states. Currently, this principle has been elevated to the level of constitutional guarantees of human and civil rights.