FORCED RETURN AND EXTRADITION

This issue is regulated by a mass of normative legal acts, namely Order №353/271/150, which approves the Instruction on the forced return and expulsion from Ukraine of foreigners and a person without citizenship, various codes of Ukraine, the Law of Ukraine "On the Legal Status of Foreigners and a person without citizenship", the Law of Ukraine "On Refugees and Persons in Need of Complementary Protection”, as well as a number of Conventions that enshrine the specific features and legal mechanisms in matters arising among foreigners and a person without citizenship in the event of forced return and extradition.

 There are a number of striking features between “forced return” and “extradition”. To clearly understand the difference, you need to outline for yourself the features that distinguish these concepts.

Forced return

 It is carried out on the basis of the decision of the State Migration Service, the Security Service of Ukraine, the state border guard authorities, or on the basis of the decision of the administrative court on forced return.

 There are grounds for making a decision on forced return, which are provided for by law.

The most common among them are:

• offenses by a foreigner or a person without citizenship in relation to national security;
• detention of a foreigner or a person without citizenship by the state border guard authorities of Ukraine at checkpoints during illegal border crossing or attempted illegal crossing, etc.

 The decision on forced return indicates the period during which a foreigner or a person without citizenship must leave the territory of Ukraine. Usually it is 30 days. If such a decision is made, the prosecutor is informed within 24 hours according to territoriality. As a result of the decision on forced return, there may be, as a consequence, affixing a stamp banning further entry into Ukraine for a period of 3 years.

 Forcible return decisions can be appealed to local administrative courts. At the same time, you can also appeal against the decision on the administrative penalty. The appeal will "slow down" the process and freeze all terms. But it must be remembered that in case of non-compliance with the decision or if there are substantial grounds to believe that the foreigner or a person without citizenship avoids the execution of this decision, he may be placed in a special placement point. In the event of an appeal, it must be remembered that the forced return of persons to the country of citizenship is prohibited, where there is a threat to their life, health, freedom and security. This statement is governed by the norms of the Convention relating to the Status of Refugees, the Convention against Bullying and Other Cruel Forms of Behavior and the national legislation of Ukraine.

Extradition

 Extradition in its understanding is the “extradition” of a person to the state or competent authorities, which is looking for this person for criminal prosecution or execution of a sentence.

 It includes:

• an official request to establish the place of stay on the territory of the state to which this person will be "extradited";
• verification of the circumstances that may be an obstacle to the "extradition" of the person;
• making a decision on the actual data and the actual “transfer” of the person to the requested state.

 Circumstances that may harm extradition are:

• if the person who received the extradition request is a citizen of Ukraine,
• if the crime of which the person is accused does not apply to punishment with deprivation of liberty in accordance with the legislation of Ukraine,
• if the statute of limitations for the specified crime has expired,
• if the “extradition” of a person clearly contradicts Ukraine's obligations under international treaties.

 If a person applies to the migration service with an application for granting him refugee status, the issue of extradition is automatically stopped, since it is impossible to carry out the extradition procedure to check the existence of grounds for obtaining refugee status by a foreigner or stateless person.