Facts
The case concerns the former Russian Minister of Atomic Energy Evgeny Adamov, who was indicted by the USA for misappropriation of funds from a nuclear safety program and tax evasion. At the same time, Russia also requested the extradition of Adamov for misappropriation of funds to the detriment of Russian state organizations.
The Federal Court decided that the extradition request from Russia takes priority. This was justified by the fact that the alleged offenses were primarily committed in Russia and Russia, as the directly affected state, has its own interest in criminal prosecution. Furthermore, former high-ranking officials enjoy a certain functional immunity against foreign criminal prosecution, which makes extradition to the USA more difficult.
Considerations
The Federal Court stated that the law on mutual legal assistance does not allow for an unlimited "extraterritorial" application of domestic criminal law to the activities of high-ranking foreign officials within their area of responsibility. Rather, it is the responsibility of the directly affected state, i.e. Russia, to investigate and prosecute the matter criminally.
While the efficient prosecution of official misconduct and corruption can also be carried out by other…