Extradition between Ukraine and other countries runs on a mix of Ukraine’s Criminal Procedure Code, the European Convention on Extradition, and bilateral treaties, but two facts shape most real cases: Ukraine never surrenders its own citizens, and the ongoing war has made the system far less predictable in both directions. If you are trying to understand Ukraine extradition because you, a relative, or a client is caught up in it, the rules below are where the answers start.
Ukrainian Citizens Cannot Be Extradited
Article 25 of the Constitution of Ukraine flatly prohibits handing a Ukrainian citizen over to another country for prosecution or punishment.1Verkhovna Rada of Ukraine. Constitution of Ukraine There are no exceptions, no treaty override, and no discretion. If the person a foreign government wants is a Ukrainian national, the request will be refused on that ground alone.
What the requesting country can do instead is ask Ukraine to open its own criminal prosecution for the same conduct. Ukrainian authorities then investigate and, if warranted, try the person in a Ukrainian court. The person stays in Ukraine either way.
The Law That Governs the Process
Ukraine’s domestic extradition rules sit in Chapter 44, Articles 573–594, of the Criminal Procedure Code. These articles define who receives requests, what rights the requested person has, and how the courts review the case.2International Committee of the Red Cross. Criminal Procedure Code (as of 2015), 2012 The same framework works in both directions, whether Ukraine is asking or being asked.
Over that domestic layer sits the European Convention on Extradition, which Ukraine ratified as a Council of Europe member. The convention sets the common threshold for which offenses qualify. The alleged crime must be punishable by at least one year of imprisonment in both countries. If the person has already been convicted, at least four months of the sentence must remain to be served.3Legislation.gov.uk. The European Convention on Extradition Order
Both tests reflect dual criminality: the conduct must be a crime on both sides of the border. Extradition cannot be used to punish behavior that is legal where the person is found.
How a Request Moves Through Ukraine
Foreign requests reach Ukraine through diplomatic channels and land with one of two central authorities. The Prosecutor General’s Office handles cases where the person is still under pre-trial investigation. The Ministry of Justice takes over once a sentence has already been imposed.4Council of Europe. Ukraine – National Procedures for Extradition Whichever office receives the file checks that it meets the formal requirements of the relevant treaty and Ukrainian law.
If the person is already in Ukraine and has been located, a temporary arrest of up to 40 days is available under Article 462 of the Criminal Procedure Code. This hold gives the requesting country time to submit full supporting documentation for a formal extradition request.5University of Nottingham Centre for Judicial Administration and Development. Ukraine Criminal Procedure Code (EN) 2012 (2020) – Arrest
Once the paperwork arrives, the file goes to an investigating judge at a local court. The judge examines whether the detention is lawful, whether the request is procedurally valid, and whether any ground for refusal applies. If the judge is satisfied, an extradition arrest of up to 12 months can be imposed while the case proceeds.6Council of Europe. Ukraine – National Procedures for Extradition (Updated) The final decision to approve or deny extradition belongs to the central authority, not the court.
When Ukraine Must Refuse
Several grounds for refusal are mandatory under Ukrainian law and the European Convention. They are not judgment calls.
- The person is a Ukrainian citizen.1Verkhovna Rada of Ukraine. Constitution of Ukraine
- The statute of limitations has run out on the offense under Ukrainian law.
- The offense is political or purely military in nature. Terrorism and war crimes are expressly excluded from this protection.
- There are substantial grounds to believe the person would face torture or degrading treatment in the requesting country.
- The person has been granted asylum or refugee status in Ukraine and the request comes from the country they fled.
No Extradition Treaty With the United States
The United States and Ukraine do not have a bilateral extradition treaty. The U.S. Embassy in Kyiv states this directly, noting that foreigners who commit serious crimes in Ukraine are generally prosecuted and sentenced there rather than returned to the U.S.7U.S. Embassy in Ukraine. Information for U.S. Citizens Arrested in Ukraine
That does not mean no cooperation exists. Both countries are parties to the Council of Europe’s Convention on the Transfer of Sentenced Persons, which lets someone already convicted and serving a sentence in one country transfer to the other to finish it closer to home.8The Faculty of Law, University of Oslo. Convention on the Transfer of Sentenced Persons This is not extradition. It does not bring anyone to trial; it only moves a convicted person to serve an existing sentence elsewhere, and it requires the prisoner’s own consent.
Without a treaty, any actual surrender between the two countries has to rely on diplomatic negotiation, mutual legal assistance, or multilateral conventions where both are members. In practice, that is slower and far less predictable than extradition between treaty partners.
Interpol Red Notices Are Not Arrest Warrants
A Red Notice is a request from Interpol to law enforcement worldwide to locate and provisionally arrest a person based on an arrest warrant issued in the requesting country.9Interpol. Red Notices It is not an international arrest warrant. Interpol cannot force any country to act on one. Each member state decides on its own what legal effect a Red Notice has under its laws, and its police decide independently whether to act.
In Ukraine, when authorities locate someone subject to a Red Notice, the temporary arrest under Article 462 of the Criminal Procedure Code can be used while the requesting country prepares and submits a formal extradition request within the 40-day window.5University of Nottingham Centre for Judicial Administration and Development. Ukraine Criminal Procedure Code (EN) 2012 (2020) – Arrest
How the War Has Changed the Picture
The formal legal framework is still in force, but wartime conditions have reshaped how extradition actually works. Ukraine notified the Council of Europe that it cannot fully guarantee compliance with several of its treaty obligations, including the European Convention on Extradition, for the duration of the conflict. That notice is a formal derogation under international law.
Foreign Courts Refusing to Extradite to Ukraine
Foreign courts have grown reluctant to send people to Ukraine. In 2023, Sweden’s Supreme Court held that extradition to Ukraine was incompatible with Article 3 of the European Convention on Human Rights, which prohibits torture and degrading treatment. The court found that the war and its effects on people deprived of their liberty created a real risk of prohibited treatment, whether or not that risk came from the Ukrainian state itself.10Supreme Court of Sweden. Extradition to Ukraine – Case B 3926-23 Other European courts have reached similar conclusions, which has made it very hard for Ukraine to receive extradited persons during the conflict.
Draft Evasion and Outgoing Requests
Outgoing requests from Ukraine have taken on a new character tied to military mobilization. Since February 2022, men between 18 and 60 have faced a travel ban. Since July 2024, a military registration document has been a mandatory condition for men in that range to cross the border. In June 2024, Ukraine abolished the “permanent residence abroad” exemption, so men with dual citizenship or long-term residence elsewhere can no longer freely leave.
Under Articles 336 and 337 of the Criminal Code, evading mobilization during wartime carries three to five years in prison. That meets the European Convention’s one-year threshold for an extraditable offense, so there is at least a theoretical basis for Ukraine to seek the return of men who left the country illegally.3Legislation.gov.uk. The European Convention on Extradition Order
Whether foreign countries would actually act on such requests is a different question. European legal systems are likely to look closely at whether draft evasion qualifies as a political or purely military offense excluded from extradition under the convention. The political reality matters too. Countries hosting large Ukrainian refugee populations have shown little appetite for returning men to a war zone, even where the formal criteria might be met.
Longer Detention Windows Inside Ukraine
Martial law has also lengthened how long someone can be held without judicial approval. The peacetime limit of 72 hours has been extended significantly, with international monitoring bodies reporting initial detention periods of over 200 hours in parts of the conflict. The precise figure has shifted with evolving legislation. Courts continue to function in much of the country, but judicial review in extradition cases faces delays from security conditions, damaged infrastructure, and personnel shortages.
For anyone involved in extradition proceedings connected to Ukraine, the practical takeaway is that the written rules only tell part of the story. Timelines run longer than they would in peacetime, procedural guarantees are harder to enforce, and the outcome often depends as much on the security situation on the ground as on the legal merits of the case.