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November 15, 2022, the Law of Ukraine № 2674-IX “On Joining of Ukraine to the Convention on Extradition”.

“On Joining of Ukraine to the Convention on Extradition". України приєднується до Конвенції про екстрадицію.

Important! Tomorrow, on November 15, 2022, the Law of Ukraine № 2674-IX “On Joining of Ukraine to the Convention on Extradition” (the Convention) comes into force.

What does extradition mean?

The founder and CEO of Incolanse Legal Company, PhD in Law and a lawyer, Olha Drachevska, explains that extradition means the transfer of a person to a state where this person is wanted for criminal prosecution or execution of the sentence.

The extradition procedure includes:

  • an official appeal to trace the whereabouts of the person subject to extradition in the territory of the inquired state;
  • rendition of the person; verification of conditions able to prevent the extradition;
  • deciding on the appeal;
  • the actual transfer of such a person to the jurisdiction of the appealing state.

What the ratification of the Convention gives Ukraine?

The Convention gives Ukraine legal backgrounds to cooperate with authorized bodies of the participating states in the enforcement of criminal prosecution or execution of the sentences of those hiding in the territory of one of them.

Ukraine joins the Convention with some restrictions, namely:

  • to Article 2 of the Convention: Ukraine will not extradite citizens of Ukraine to another state;
  • to Article 3 of the Convention: Ukraine may refuse the rendition of any person if there are reasonable grounds to consider that such extradition contradicts the national security of Ukraine;
  • to Articles 5 and 9 of the Convention: Ukraine declares that an appeal on extradition shall be issued and received by the General Prosecutors Officer (within a pretrial investigation) and the Ministry of Justice of Ukraine (within a legal proceeding or sentence execution).

Full text of the Convention https://zakon.rada.gov.ua/laws/show/840_001-33#n2

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