Advice

Does Ukraine have extradition laws?

Yes. Ukraine has extradition laws. 

WHAT IS THE EXTRADITION ACCORDING TO UKRAINIAN LAW? 

According to the subparagraph 2 of part 1 of Article 541 of The Criminal Procedural Code of Ukraine, extradition shall mean surrender of a person to a state the competent authorities of which search for this person for prosecuting or serving a sentence. Extradition includes: sending official request for establishing whereabouts of the person sought in the territory of the requested state and for surrender of such person; verification of circumstances which are likely to hinder the surrender; taking decision on the request; actual transfer of such person into jurisdiction of the requesting state.

WHAT IS THE PROCEDURE OF SUBMITTING A REQUEST FOR SURRENDER (EXTRADITION)? 

As stated by the Article 573 of The Criminal Procedural Code of Ukraine, a request for surrender (extradition) may be submitted only provided that at least one of the offences for which an extradition is requested may be punished with at least one year imprisonment or a person was sentenced to serve the punishment in the form of imprisonment and the unserved portion of the sentence is at least four months.

A request from a foreign competent authority for extradition may be considered only provided that all the requirements specified in part 1 of this Article are met.

Requests for temporary extradition and transit shall be submitted and considered in accordance with the same procedures that apply to requests for extradition. When considering requests from foreign competent authorities for transit, extradition examination shall apply only to the circumstances specified in part 1 and 2 of Article589 hereof.

A central authority of Ukraine shall have the right to refuse to send the request to a foreign state where circumstances referred to in this Code or the international treaty of Ukraine and which may preclude extradition, do exist. It shall also have the right to refuse to grant permission to the competent authority of Ukraine to apply to a foreign state, where the extradition would be obviously unjustified based on the correlation between the gravity of the criminal offence committed by the person, and the potential expenses required for the extradition.

WHAT IS THE CENTRAL AUTHORITY OF UKRAINE FOR SURRENDER (EXTRADITION)?

According to the Article 574 of The Criminal Procedural Code of Ukraine, unless otherwise provided for by the international treaty of Ukraine, central authorities of Ukraine for extradition shall respectively be the Prosecutor General’s Office and the Ministry of Justice of Ukraine.

The Prosecutor General’s Office shall be the central authority responsible for extradition of suspects or the accused in criminal proceedings during the pre-trial investigation.

The Ministry of Justice of Ukraine shall be the central authority responsible for surrender (extradition) of defendants or the convicted in the criminal proceedings during the court proceedings or the execution of a sentence.

In accordance with this Code, central authorities of Ukraine for extradition shall: 1) make requests to foreign competent authorities for surrender (extradition), temporary extradition or transit of a person; 2) consider and decide on requests from foreign competent authorities for surrender (extradition), temporary extradition or transit of a person; 3) arrange extradition examinations; 4) arrange intake and referral of persons to be surrendered (extradited), temporarily extradited or transited; 5) exercise other powers established by this Article or an international treaty on surrender (extradition).

The additional relevant information is in The Criminal Procedural Code of Ukraine. 

Please also see the following articles Rights of suspect, accused in Ukraine and Attorney in Kyiv Ukraine: call to get legal advice

 

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