LEGAL REGULATION OF THE STATE OF JAPAN IN INTERNATIONAL COOPERATION IN CRIMINAL MATTERS

Introduction. The current article presents the results of the study concerning the system of sources of international cooperation in criminal matters in the State of Japan taking into account its polysystemic characteristics. Based on the examination of the modern state of the legal framework on international cooperation of Japan in criminal matters, the author considers the peculiarities of the legal regulation of its main fields: extradition, mutual assistance in criminal matters, transfer of proceedings in criminal matters, execution of judgments and sentences of foreign courts and international cooperation and judicial assistance to international criminal courts and tribunals.
Sources and methods. In conducting the research the author used the general scientific and special methods: synthesis, analysis, induction, deduction, dialectical, formal-legal, system-structural, and comparative-legal methods, as well as extrapolation and analogy.
Study results. The Author concludes that the legal regulation of international cooperation in criminal matters covers its main fields to a sufficiently complete degree and in detail. Furthermore, the international legal element is characterized, on the one hand, by the minimization of treaties, which, in the author's opinion, can be explained by Japan's dedication to maximize protection of state sovereignty and national interests from possible interference by foreign states. On the other hand, Japan participates in a large number of international conventions on combating certain types of crimes, which makes it possible to ensure large-scale cooperation in criminal matters. By signing and ratifying these treaties, Japan has not made any declarations or reservations limiting the use of their main provisions as international legal grounds for interstate cooperation in criminal matters. Japanese domestic legislation itself can be considered sufficient: it adequately regulates the activities of the competent authorities of Japan in this sphere.
Discussion and conclusion. As a conclusion, the author proposes an approach according to which, in the absence of treaties on cooperation in certain areas of international cooperation in the field of criminal proceedings, Russian-Japanese cooperation can be carried out based on the relevant international conventions of the Russian Federation, to which Japan is a party, the self-executing norms of which contain obligations of the parties to extradite persons accused of committing conventional crimes, on mutual legal assistance in cases involving such crimes and other fields, unhampered by Japan's reservations and declarations to such conventions or by the discretionary rules on the grounds for cooperation set out in them. Moreover, the peculiarities of the Japanese domestic legal regulation presented in this article should certainly be taken into account by the requesting party.

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