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04 Sep. 2023

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Extradition of Ukrainians from abroad: who can be returned to the homeland and how?

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Extradition of Ukrainians from abroad: who can be returned to the homeland and how?

Ukrainian law enforcers, it turns out, can request the extradition of evaders who illegally traveled abroad during the war. Read more about whether it is possible to forcibly return offenders home

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Recently, Ukrainian citizens have learned from the authorities that law enforcement officers may request the extradition of tax evaders who went abroad on fake certificates. Let's find out who exactly they want to return to their homeland, how they plan to do it, and which countries have already allegedly started practicing extradition of Ukrainians.


Who can be extradited?


The other day, the head of the Servant of the People faction, David Arakhamia, said that Ukrainian law enforcement officers could request the extradition of people who went abroad on forged documents from the Military Medical Commission (MMC) to almost any country in the world, except russia.


This information was later confirmed by Fedir Venislavsky, a member of the parliamentary committee on national security, defense and intelligence, the President's representative in the Verkhovna Rada. 


According to him, it is legally possible to use the extradition mechanism to return to Ukraine men who went abroad with purchased certificates from the Military Intelligence Service.


"Such a mechanism is possible when a person bought a certificate when he illegally crossed the state border on the basis of false documents. This is a question for law enforcement agencies, how they will quickly register proceedings and notify of suspicion," he said.


How can extradition be carried out in general?


According to Venislavsky, the Criminal Code of Ukraine provides for liability for the use of purchased certificates of the military medical commission on unfitness for military service and the use of false documents.


At the same time, a spokesperson for the Main Police Department explained in a comment to RBC-Ukraine that in order to extradite the evaders to the country, Ukraine must issue an international arrest warrant for each of them.


"If we detain such a foreigner, for example, for a simple roadside check, our KSIP system (National Police Information System - ed.) will show that he is a person prosecuted by the Ukrainian prosecutor's office, because Interpol data is available. We detain such a person and report it to the prosecutor's office," the police said, adding that the final decision on extradition will be made by the court of the country where the fugitive is located.


That's all sorted out. Then the question arises, what will happen to such citizens after they return to Ukraine?


According to Minister of Justice Denys Malyusko, quoted by Obozrevatel, the Verkhovna Rada is already preparing a special law that will provide a separate detention regime for citizens returning from abroad to Ukraine during the war. 


This will make it possible to launch the extradition mechanism first of all for Ukrainian top corrupt officials, and later it will be the turn of those hiding abroad from mobilization, the minister added.




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Which countries have already begun to practice extradition of draft dodgers?


According to Rzeczospolita, Poland has begun extraditing men who have illegally left the country to Ukraine. This includes those who escaped from mobilization.


Data from the Border Guard Headquarters show that from February 24 last year to August 31 this year, almost 2.87 million Ukrainians aged 18-60 entered Poland, and almost 2.8 million left. And 80 thousand Ukrainian men of military age entered Poland after February 24, 2022, and disappeared.


"If we detain such a foreigner, for example, for a simple roadside check, our KSIP system will show that this is a person prosecuted by the Ukrainian prosecutor's office, because there is Interpol data there. We detain such a person and notify the prosecutor's office. It is up to the Polish court to extradite him or her," said the Polish police representative.


Checking certificates from the military medical commission


It is worth noting that at a recent meeting of the National Security and Defense Council, it was decided to conduct a comprehensive review of the validity of the certificates of the Military Medical Commission on disability and unfitness for military service, which were issued since February 24, 2022 and may be related to corruption violations.


The inspection of all military medical commissions is expected to take place within three weeks. 


We remind you! Mobilization activities in Ukraine have been ongoing since the full-scale invasion of russia. During this time, thousands have been called up to fight, but it is important to understand that this is not enough to liberate all the occupied territories. What wave of mobilization is taking place in Ukraine today and whether there is a shortage of soldiers in the ranks of the Ukrainian Armed Forces, we tell you here.




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Visit Ukraine News - get the latest news and updates in our Telegram channel;

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