The Ukrainian justice Ministry is considering the transfer of Russia’s three people, says the reply of the Deputy Minister of justice in European integration Sergei Petukhov received in the office .
The document notes that on March 28, the Ukrainian Ministry has received a request from the Russian Ministry of justice, which contained the extradition request of Russia for further punishment to the six convicts. According Petukhov, Ukrainian Ministry of justice replied to the Russian authorities that two people from this list were exempt from penalties in 2015. Another person is a citizen of Ukraine, registered in Sevastopol, therefore, the official Kiev can’t pass it to Moscow.
The remaining three persons can be handed over to Russia, said in response Petukhov. He noted that these citizens were convicted of “murder”, “deliberate heavy injury”, “human trafficking”, “smuggling of drugs”, “the production and sale of narcotic substances”, “escape from places of imprisonment or detention” (article 115, 121, 149, 305, 307, 309, 311, 393 the Criminal code of Ukraine).
The names of the candidates on the results of the Deputy Minister refused to name, citing the law on protection of personal data. On 12 April the Russian Ministry of justice said that he had asked Kiev to consider the results of six of the Russians, their names are also not known.
The issues of extradition of convicted persons are resolved on the basis of the Convention on the transfer of sentenced persons of 1983 and the Criminal procedure code of Russia and Ukraine. As explained in the Russian Ministry of justice, the parties must exchange documents, which, among others, require that decisions of courts must be recognized by both countries, and the sentences executed.
If Moscow or Kiev announced its intention to release prisoners in accordance with the criminal procedure code it will be grounds for refusal. However, under the Convention, each party may grant pardon, Amnesty or commutation of the sentence in accordance with its Constitution or other legal acts. To prevent the results can and the fact that the home convict will chase additional articles not mentioned in the query.
The Ministry of justice of both countries, receiving the corresponding extradition requests, under the current law calling for the execution of punishments, which, in turn, prepare materials, and your opinion on the request, and then transmits the documents to the court. The final decision on extradition is taken by the court. The case is considered by the court, which is located at the place of residence of the convicted person.
The transfer of Ukraine Hope Savchenko, Gennady Afanasyev and Yuri Soloshenko was held for another scheme: they were pardoned by President Vladimir Putin, and granted to Kiev. At the same time, Ukrainian President Petro Poroshenko pardoned convicted by a Ukrainian court of Russians Evgeny Erofeev and Alexander Alexandrov, which in Kiev called “the GRU soldiers” and the Odessa journalists Lisinskog Elena and Vitaly Didenko. The last two are citizens of Ukraine.
Gennady Afanasyev was sentenced together with Director Oleg Sentsov and civic activist Oleksandr Kolchenko in 2015 in the case of preparing terrorist attacks in Simferopol.
According to the press-Secretary of President Dmitry Peskov, the decision on the possible transfer of Ukraine Sentsov will accept Vladimir Putin. “Of course, contacts are made. The conversation is on the various candidates,” — said Peskov (quoted by TASS).