“ At a mutual consent procedure of transfer of Buta is easy enough for carrying out “Victor But can return to Russia, the official representative has informed
the Ministry of Foreign Affairs of Russia Alexander Lukashevich. For an extradition of the Russian it is supposed to use the Convention on transfer of sentenced persons. The expert in criminal international law Alexey Malinovsky has commented on possibility of it to leader Andrey Norkinu.
- That it for procedure which Alexander Lukashevich means?
- Here it is a question of convention application on which the state of appointment of a sentence, in this case the USA, transfers to the state of execution of a sentence, in this case to the Russian Federation, the citizen of the Russian Federation. If the mutual arrangement and mister But is reached does not object, such procedure is easy enough for carrying out at the mutual mutual consent.
- that But will not object, I think, nobody doubts. And here when you speak “ if the arrangement " is reached; what can prevent it? How this arrangement to reach?
- you know, here by a principle double vmenenija the state of appointment of a sentence and the state of execution of a sentence should understand that this crime is punishable both in that, and in other state, but is punishable not simply in the sense that punishment is established, and that size of punishment which, according to the concrete state, is sufficient is established that the criminal has incurred fair punishment to a criminal conduct. At us, I can tell, for the given crime punishment is softer. Probably, it will upset the American side. And appoint execution bolshego punishments we cannot.
- because at us it is not provided under the law?
- you know, in general America is known for the strict approaches to appointment of severe and long sentences.
- that is to prevent reach this arrangement distinction in the Russian and American legislation can only, or still any there can be reasons?
- you perfectly understand that it is such formally - legal aspect. Other aspect can consist that quite probably Americans understand that Russian court can apply to Butu conditionally - an early release on half of term in a case when it will start to serve time in territory of the Russian Federation, itself will conduct well in a colony, for example, will follow a way of correction, re-education. I think, in America such it is impossible, provided that to it concern actually as the state criminal.
- and who now should conduct these negotiations? The Ministry of Justice?
- Yes, at level of the Ministry of Justice and the Ministry for Foreign Affairs negotiations are carried on.