Thus, the purpose of search – locating a wanted
person – should be specified in the request
(Leshukova, 2004, pp. 170–172). At the same
time, along with the general content of the
request to Interpol for an international search on
the official website of Interpol, in the case of
searching for suspects, accused persons,
defendants in criminal proceedings or convicted
persons who are evading criminal punishment
and hiding abroad, the request additionally
specifies measures, which, in the opinion of the
initiator of the search, should be used on the
territory of another State, in particular:
a) control over the movement of the wanted
person;
b) detention and arrest of the wanted person
with his (her) subsequent extradition
(Vaccani, 2011).
The next stage of the organization for search is
the review of the received documents, their
analysis, verification, decision-making on the
announcement of an international search,
printing and mailing by post (or through own
communication) the relevant formalized reports
(circulars) on the initiation of the search to NCBs
of participating countries.
Before the publication of an international
notification, the General Secretariat of Interpol
performs legal examination of the information in
the request for its publication. The subject matter
of legal examination is the existence of grounds
for the publication of an international notice, its
compliance with the Art. 3 of the Constitution of
the INTERPOL, rules of international law on the
issues of criminal justice, protection of personal
information, etc. The published international
notification is considered an official act of the
MOCP and is sent to all Interpol Member States.
According to the INTERPOL standards, the
search for persons is divided into five types (five
series – "A", "B", "C", "D", "F") (Kultenko,
2009). For each of them, Interpol introduced its
own form - circular: "red" - "A", "green" - "C",
"blue" - "B", "yellow" - "F" and "black" - " D",
each of which has its own meaning and purpose.
They received such names because there is a
rectangle measuring 3.5 x 4.0 cm of the
corresponding color in the upper right corner of
each of them (Starzhynskyi, Starzhynskyi, &
Khotenets, 2006, p. 46).
Today, the most difficult question for the police
units involved in the international search is the
issue of whether the Interpol red circular can be
considered as a legal document, referring to
which police officer of any country can arrest the
person specified in it. Thus, in some countries it
is regarded as an order for the unconditional and
lawful detention of a wanted person, and in
others - as the basis for the necessary fulfillment
of additional requirements for recognizing the
"red" notice as a proper document (sending a
copy of an arrest warrant or a special request
from the requesting State).
In 1997, at the 66th session of the Interpol
General Assembly, a proposal was made to the
ministries of justice of the Member countries to
recognize the "red" notice as the grounds for
arrest in their countries. Of the 92 countries that
attended the session, 65 gave a positive response.
Among the countries that disagreed with this
decision were the USA, the Russian Federation,
Ukraine and others, who confirmed that this
message is not considered as a proper criminal
procedural document. However, despite the
scattered views of the representatives of the
participating countries of the Interpol on this
issue, the special resolution was adopted. It states
that the "red circular" is a document intended for
both police authorities and justice authorities
(court, prosecutor’s office) and can be considered
as a justified request for preliminary arrest, as it
is issued on the basis of national arrest warrants
(or other documents of the same force).
The stage of direct international search consists
of actions carried out in the countries after the
NCB with the General Secretariat of Interpol
after being informed that the search has begun.
For each message received, the NCB decides
separately whether to set a target of searching for
the person named in the communication before
the territorial authorities of their country, or
simply enter the information about the person in
the relevant databank in each NCB. The list of
necessary search actions may differ depending
on the specific case. But it will always be only
those actions and operational search measures
provided for by national legislation and
departmental regulations of the executing State
(Leshukova, 2004, p. 165).
In accordance with Part 4, Art. 575 of the
Criminal Procedure Code of Ukraine (Law of
Ukraine No. 4651-VI, 2012), a request for
extradition shall be submitted to the relevant
central authority of Ukraine via public
prosecutor’s offices in the Autonomous Republic
of Crimea, oblasts, cities of Kyiv and Sevastopol,
or public prosecutor’s offices charged with
similar powers within a 10 day period from the
date of seizure of a person in the territory of a
foreign state. Within the specified time period,