Ukraine

Code of Criminal Procedure of Ukraine

Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)

Article 466. Refusal in surrender of the person (extradition)

The surrender of the person to foreign state can be denied if:
1) the person for whom the request on surrender is received, according to laws of Ukraine for the period of decision-making on surrender (extradition) is the citizen of Ukraine or the person without citizenship being a permanent resident of Ukraine;
2) the crime for which surrender is requested, does not provide punishment in the form of imprisonment according to the law of Ukraine;
3) time limitations provided by the law of Ukraine for brining of the person to the criminal liability for a crime for which surrender is requested expire;
4) upon request of the central body the competent body of foreign state does not provide additional materials or data, without which decision-making on request on surrender (extradition) is impossible;
5) surrender of the person (extradition) contradicts obligations of Ukraine under the international treaties of Ukraine;
6) other bases provided by the international treaty of Ukraine are available.

The person having the status of the refugee, cannot be surrendered to foreign state where health, life or freedom of such person is in danger because of features of race, denomination (religion), nationality, citizenship (nationality), belonging to certain social group or political convictions, except the cases provided by the international treaty of Ukraine.

In case of refusal of surrender on the bases of motives of citizenship and presence of the status of the refugee or in case of existence of other bases which do not exclude proceedings in the case, upon the petition of the competent body of foreign state Prosecutor General's Office of Ukraine charges the body of prejudicial inquiry with investigation of criminal case against this person according to the procedure provided by this Code.

Keywords

Refusal of ICC request



EDIT.