Deportation and Extradition

Contents

Deportation

There are two procedures:

• forced return – independent departure within no more than 30 days, as determined by the SMS, from the date of the decision,

• forced expulsion if the foreigner fails to comply with the forced return requirement – upon an SMS lawsuit to the court, with the foreigner possibly placed in a temporary holding centre for foreigners and stateless persons.

A foreigner or stateless person may be forcibly returned to the country of origin or a third country if their actions violate Ukrainian legislation on border issues or the legal status of foreigners and stateless persons, or if they contradict the interests of Ukraine’s national security or public order, or if necessary for public health or protection of the rights and lawful interests of Ukrainian citizens.

The decision on forced return specifies the period within which the foreigner or stateless person must leave Ukraine. This period must not exceed 30 days from the date of the decision.

A decision on forced return may also be accompanied by a prohibition on further entry into Ukraine for a period of up to three years. The term of the entry ban is calculated from the date of the decision. The procedure for enforcing the entry ban is determined by the Cabinet of Ministers of Ukraine.

Foreigners and stateless persons referred to in Article 4, part 20 or 24 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons” may not be forcibly returned to the country of origin or a third country that has committed armed aggression against Ukraine, or to a country that does not recognise the territorial integrity and sovereignty of Ukraine.

A stateless person permanently residing in Ukraine who committed a criminal offence outside Ukraine cannot be extradited to another state for prosecution or execution of a sentence. The extradition of foreigners residing in Ukraine who have committed criminal offences abroad is regulated by Ukrainian legislation and international treaties.

Foreigners who committed criminal offences in Ukraine and were convicted under Ukrainian law may be transferred to their home states to serve their sentence, if such transfer is provided by international treaties of Ukraine.

The SMS, the State Border Guard Service, and the Security Service of Ukraine may decide on the forced expulsion of foreigners and stateless persons if they are detained for illegal crossing/attempted illegal crossing of Ukraine’s state border, or if there are reasonable grounds to believe they will evade compliance with a forced return decision.

A foreigner or stateless person cannot be forcibly returned, expelled, extradited, or transferred to a country:

• where their life or freedom would be threatened due to race, religion, ethnic origin, citizenship, membership of a particular social group, or political beliefs,

• where they would face the death penalty, execution, torture, or cruel, inhuman, or degrading treatment or punishment; where their life, health, safety, or freedom would be at risk due to widespread violence in situations of international or internal armed conflict, systematic human rights violations, natural or man-made disasters, or lack of medical treatment or care necessary to sustain life,

• where they would face expulsion or forced return to countries where such risks exist.

Extradition

Extradition is regulated by the Criminal Procedure Code.

Extradition to a foreign state is refused, in particular, if:

1. the person whose extradition is requested is a Ukrainian citizen at the time of the decision,

2. the offence for which extradition is requested does not carry a sentence of imprisonment under Ukrainian law,

3. the statutory limitation period for prosecution or execution of sentence has expired,

4. the competent authority of the requesting state failed to provide additional materials or data required by Ukraine to decide on the extradition request,

5. extradition would contradict Ukraine’s international obligations, or there are reasonable grounds to believe it would contradict Ukraine’s national security interests.

A person who has been granted refugee status, complementary protection, or temporary protection in Ukraine cannot be extradited to the state from which they fled as a refugee, or to any foreign state where their health, life, or freedom would be threatened on grounds of race, religion, ethnic origin, citizenship, membership of a social group, or political beliefs, except as provided by Ukraine’s international treaties.