The rapid development of transnational crime, the digitalization of criminal procedure, and the intensification of international cooperation call for a refined theoretical understanding of the legal norms governing international legal assistance in criminal matters. Legal scholarship continues to display ambiguity regarding the classification of these norms: alongside the prevailing view that they belong to criminal procedure law, some authors suggest they form a cross-sectoral construct or even a distinct sub-branch of law. This conceptual uncertainty complicates legislative drafting and law enforcement, particularly in systems that rely on codified legal structures.
The aim of this study is to provide a comprehensive justification for recognizing international legal assistance in criminal matters as a legal institution within criminal procedure law. The research addresses several objectives: defining the criteria of a legal institution in this context; differentiating it from sub-branches and cross-sectoral mechanisms; examining its internal structure, including identifiable sub-institutions; and clarifying the methodological framework for its assessment.
The study is based on general scientific methods (analysis, synthesis, deduction), the formal legal method, comparative legal analysis, and a systemic approach. Notably, the research applies A.A. Bogdanov’s organizational-scientific model of “tectology” to explore how legal institutions evolve, integrate, and maintain internal coherence.
The results confirm that international legal assistance in criminal matters meets all the definitional criteria of a legal institution. It is fully embedded in criminal procedure law, and neither constitutes a sub-branch nor reflects a cross-sectoral regime. The structure of the institution includes several coherent sub-institutions governed by a shared legislative intent. A theoretically sound classification of this legal phenomenon contributes to terminological precision, better legislation, and a more consistent criminal justice process.