Extradición de Polonia a Ucrania: cambios en la práctica y procedimientos

El número de extradiciones a Ucrania ha aumentado en Polonia, lo que indica un cambio en el enfoque de los tribunales europeos y un fortalecimiento gradual de la cooperación legal entre los estados. A pesar del estado de guerra, la práctica de la extradición sigue desarrollándose, aunque cada caso se considera con particular cuidado. Descubra sobre qué fundamentos se toman las decisiones, cómo funciona el procedimiento y cuándo se utiliza la deportación en lugar de la extradición

Asistencia legal sobre cuestiones migratorias para ucranianos en Ucrania y en el extranjero

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For many years, European courts often refused Ukraine's requests to extradite individuals who were in the EU. The main reason for these refusals was concerns about inadequate conditions in Ukrainian prisons. The courts referred to Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which prohibits torture and inhuman treatment.

However, gradual reforms of the Ukrainian prison system and improvements in conditions for prisoners have gradually changed the position of European partners. This has provided the basis for a review of extradition practices in favor of greater cooperation with Ukraine.

👉 If you have difficulties with documents or procedures, Visit Ukraine lawyers will help you prepare the necessary applications, check the accuracy of translations, apostilles, and accompanying documents. Consulting with a specialist will help you avoid rejection due to formal errors and significantly reduce the time it takes to process your case.

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Increase in the number of extraditions in recent years

According to the Ministry of Justice of Ukraine, in 2024 there was a significant increase in the number of extradited persons compared to previous years. Poland became the leader in terms of the number of such decisions. This confirms the intensification of legal cooperation between the two countries even in the difficult conditions of martial law.

Despite this, each case continues to be considered individually, taking into account the possible risks and circumstances that may prevent extradition.

Legal basis for extradition between Ukraine and Poland

The main document regulating extradition between the countries is the 1993 Agreement between Ukraine and Poland on Legal Assistance and Legal Relations in Civil and Criminal Matters.

The key principle is double criminality: the act must be recognized as a crime in both Ukraine and Poland.

At the same time, Polish courts have the right to refuse extradition if there are objective reasons. From 2022, one of the main grounds for refusal is the state of war in Ukraine, which makes it difficult to guarantee the safety of the persons requested. Judicial practice shows that war is not an absolute obstacle, but it does create additional difficulties.

Extradition procedure

The extradition process consists of several stages:

1. Request from Ukraine. The Ukrainian side (the Office of the Prosecutor General) submits an official request to Poland, usually on the basis of an international warrant through Interpol.

2. Consideration in Poland. The police and the prosecutor's office establish the location of the person and take the necessary actions.

3. Court decision. The final decision is made by a Polish court, which verifies the legality of the request and possible obstacles to extradition.

Circumstances that may prevent extradition:

- political nature of the crime;

- risk of persecution for political reasons;

- inadequate conditions of detention;

- threat to the life or health of the person.

Exceptions when extradition is not possible

Extradition is not carried out in cases of:

- risk of political persecution;

- threat of torture or inhuman treatment;

- political nature of the crime;

- danger to life and health.

Deportation as an alternative to extradition

It is important to distinguish between extradition and deportation. If a Ukrainian citizen violates the rules of stay in Poland but does not commit a criminal offense, deportation is applied.

Grounds for deportation:

1. Violation of migration law:

illegal stay (expiration of visa, visa-free stay, protection);

illegal work;

use of forged documents.

2. Threat to national security, public order, or health.

3. Serious administrative offenses or crimes, after serving a sentence for which the person's stay is deemed undesirable.

Deportation procedure

Decisions are made by Polish authorities — the voivode or the border service. The purpose of deportation is to return the foreigner to Ukraine. It is an administrative procedure and does not require a request from the Ukrainian authorities.

Therefore, despite the challenges associated with the war, the practice of extradition between Ukraine and Poland continues to develop. Polish courts carefully consider each case, and cooperation between the countries in the field of legal assistance is gradually becoming more active. At the same time, deportation remains a separate mechanism applied in cases of violation of migration rules.

Visit Ukraine specialists provide professional assistance in matters related to extradition and deportation. Our lawyers accompany clients at all stages of the process: from preparing documents to representing their interests in Polish courts. By contacting us, you will receive qualified support in the most difficult situations.

Reminder! We previously reported that Ukrainians living in Poland are facing significant changes to the rules for receiving social assistance, which will particularly affect families with children, the elderly, and those without official employment. In response, the Ukrainian government is preparing a support program for citizens who have decided to return to their homeland. Find out what support measures are planned in our article.

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