Extradition to Ukraine as part of criminal proceedings

Extradition is an international legal procedure whereby one state transfers a person to another state for criminal prosecution or the enforcement of a sentence. If a person is detained pursuant to an international wanted notice, the first hours following the detention are crucial for the effective protection of their rights and the development of an appropriate legal position.

The lawyers of “Prikhodko & Partners” provide comprehensive legal support in matters involving the international surrender of persons, ensuring reliable protection of their rights, freedoms, and legitimate interests.

Advantages of cooperating with Prikhodko & Partners

• Experience in international law. Many years of experience in handling extradition requests and Interpol procedures.
• Immediate involvement. We ensure the participation of a defence lawyer from the first hours of detention, at any time of day.
• Individual defence strategy. We develop a personalised legal position, taking into account all circumstances of the specific case, procedural nuances, and transparent terms of cooperation.
• Comprehensive legality review. We thoroughly analyse the extradition request for compliance with international standards and ensure the proper preparation of all required procedural documents.
• Maximum confidentiality and protection. We guarantee the full preservation of attorney-client privilege, the client’s legal security, and professional representation of their interests before courts of all instances.

What extradition is and when it applies

Extradition is the procedure for surrendering a person to another state on the basis of international treaties, national legislation, and the principles of extradition under international law. It applies when a person is suspected or accused of committing a criminal offence, as well as when the person’s surrender is required for the enforcement of a judgment issued by a foreign state.

In Ukraine, a decision on extradition is made after verifying whether the request complies with legislative requirements and international obligations. The surrender of a person for the enforcement of a foreign judgment or for a pre-trial investigation is possible only if the principle of dual criminality is observed — the relevant act must constitute a criminal offence both in the requesting state and in the state where the person is located.

What to do immediately after detention

Detention pursuant to an international wanted notice is always unexpected. The key rule during the first minutes is not to sign any documents without a lawyer being present.

The following steps should be taken first:

• immediately engage a lawyer;
• obtain information about the grounds for detention;
• verify the legality of the detention and procedural documents;
• collect documents that may confirm the existence of grounds for refusing extradition;
• ensure proper legal defence during the consideration of extradition detention.

The involvement of a defence lawyer at the initial stage makes it possible to identify procedural violations in a timely manner and develop an effective position for subsequent court proceedings.

Stages of the extradition process

The extradition procedure consists of several successive stages:

1. Detention and provisional arrest. A person is detained on the basis of an Interpol Red Notice or an official request.
2. Extradition request. The requesting state submits a package of documents confirming the substantiation of the suspicion or the existence of a judgment.
3. Extradition detention. The court selects a preventive measure for the period of the extradition review.
4. Review of the legality of the extradition request. The prosecution authorities examine whether any obstacles to extradition exist.
5. Decision-making. The authorised authority decides whether to extradite the person or refuse extradition.

At each of these stages, the lawyer monitors compliance with procedural safeguards and verifies the legality of the actions taken by public authorities.

Grounds for refusing extradition

Not every request for the extradition of a person must be granted. Ukrainian legislation and international treaties provide for a number of grounds for refusal.

The most common grounds include:

• refugee status or subsidiary protection;
• a real risk of political persecution;
• a threat of torture, inhuman or degrading treatment — protection against torture in extradition proceedings;
• the absence of dual criminality;
• expiration of the applicable limitation periods;
• other circumstances indicating a violation of the person’s rights and safeguards in extradition proceedings.

Each case requires a detailed analysis of the documents, international treaties, and judicial practice.

Appealing an extradition decision

If a decision to extradite a person has been made, it may be appealed in accordance with the procedure established by law. An extradition decision is challenged before national courts by presenting all relevant procedural and substantive legal grounds.

The lawyers of Prikhodko & Partners prepare appeals for submission to national courts of all instances. Where there is a risk of a human rights violation, it is also possible to apply to the European Court of Human Rights and request the application of Rule 39 of the Rules of Court to suspend the person’s transfer. In certain cases, the Court applies interim measures to prevent the person’s transfer until the case has been finally considered.

Stages of cooperation with a lawyer

Cooperation with a lawyer is organised according to a clear procedure:

1. Initial request and preliminary analysis. Obtaining initial information about the detention or the threat of extradition.
2. Consultation and legal assessment. Reviewing the case materials and assessing the risks.
3. Agreement on the terms and execution of the contract. Defining a clear scope of work and documenting the terms of cooperation.
4. Implementation of the defence strategy. Participation in procedural actions, challenging detention, and submitting objections to extradition.

Cost of a lawyer’s services in extradition cases

The cost of legal assistance depends on the nature of the case, the scope of the required procedural actions, the urgency of engaging a lawyer, and the complexity of the international legal aspects. The final scope of services is determined after the case materials have been reviewed and the defence strategy has been agreed upon.

Extradition is a complex international procedure that directly affects a person’s rights and freedoms. The timely involvement of a lawyer, verification of the legality of the extradition request, and professional defence at every stage significantly increase the chances of a favourable outcome. The specialists of Prikhodko & Partners provide comprehensive legal support in cases involving extradition to Ukraine and protect their clients’ interests in accordance with national and international law.

Do you still have questions? Book a preliminary consultation by submitting a request to calculate the cost of a specialised lawyer’s services!