Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)

Article 468. Procedure for appeal of the decision on surrender of the person (extradition)

The decision on surrender of the person (extradition) can be appealed by the person concerning whom it is passed, his defender or the lawful representative before local court jurisdiction the person is holding in custody.

If the appeal against the decision on surrender is lodged by the person being in custody the chief of a place of the temporary detention immediately sends the appeal to the court and notifies on it public prosecutor's office in oblast.

After acceptance to proceedings of the appeal against the decision on surrender (extradition) the court sets such appeal to consideration and notifies on it the corresponding central body and public prosecutor's office in oblast.

Upon the request of the court the public prosecutor's office in oblast sends materials confirming legality and validity of the decision on surrender of the person. Consideration of appeal is carried out by the judge at his sole discretion within ten days from the date of its receipt by the court.

Cognizance is carried with participation of the public prosecutor, the person concerning whom decision on surrender is passed, his defender or the lawful representative if he takes part in case.

Considering appeal the judge does not examine a question on culpability and does not check legality of the procedural decisions passed by the competent bodies of foreign state in the case against the person the request on surrender is received for.

By results of consideration the judge passes reasoned resolution, which:
1) does not allow an appeal;
2) allows an appeal and cancels the decision on surrender (extradition). After entry into force of the resolution of the judge on cancellation of the decision on surrender (extradition) the person is immediately discharged from custody. The resolution of the judge can be appealed before the court of appeal by the public prosecutor who participated in consideration of the case by court of original jurisdiction, the person concerning whom the decision is passed, his defender or the lawful representative within seven days from the date of passing the resolution. Appeal against the resolution of the judge cancels entry into force of such resolution and its execution.

The judgment of the court of appeal is not subject to appeal, but it can be appealed by cassation petition of the public prosecutor on the basis of motives of wrong application by the court of provisions of the international treaties of Ukraine if cancellation of the decision on surrender (extradition) interferes with the further proceedings in the case against the person whose surrender is request by foreign state.

Article 19
Challenges to the jurisdiction of the Court or the admissibility of a case
6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.