News about the possible extradition of Ukrainians from abroad periodically causes concern. Discussions about this intensified after, for example, Poland began considering the possibility of handing over men who illegally left Ukraine. Let's understand on what grounds a person can really be forcibly returned, and what is just a rumor.
What can really lead to extradition?
The main thing to understand is that extradition is a complex legal procedure that applies exclusively to criminal offenses. It is not mass deportation, but an individual process.
For Ukraine to be able to demand the extradition of its citizen from Slovakia or another EU country, the following conditions must be met:
Criminal proceedings. A criminal case must be opened against the person in Ukraine, or a court verdict imposing imprisonment must have already been issued.
International search. Based on the court's decision, the person is declared internationally wanted.
Principle of dual criminality. The crime for which extradition is requested must be considered a criminal offense both in Ukraine and in the country where the person is located (for example, in Slovakia).
Official request. The Ministry of Justice of Ukraine sends an official extradition request to the relevant authorities of the foreign state. The decision is made by a foreign court.
Most often, it concerns serious crimes: corruption, large-scale fraud, money laundering, participation in criminal groups, or serious violent crimes.
Evasion of mobilization is not a reason for extradition
Most questions arise regarding possible extradition for evading mobilization. Here, European legislation provides a clear answer: this is not possible.
The key document regulating these issues between the member states of the Council of Europe (including Slovakia and Ukraine) is the *European Convention on Extradition* of 1957. Article 4 of this convention directly excludes extradition for offenses that are purely military, not general criminal offenses.
Evasion of conscription during mobilization falls precisely into this category. In Ukraine, it is an administrative or, under certain circumstances, a criminal offense, but in EU countries, it does not have a criminal equivalent and is considered a violation of military duty. The same applies to other similar situations, for example, when a volunteer left under the "Shlyakh" (Way) system and did not return on time.
Refugee status is not absolute protection
It is important to remember that temporary protection status (dočasné útočisko) protects against forced return to a country where a war is ongoing. However, it does not grant immunity from criminal prosecution for crimes not related to military actions.
If a person has committed a serious criminal offense (for example, fraud or corruption), and Ukraine has submitted a substantiated request for their extradition, the European court may decide on extradition. In this case, temporary protection status will not be an obstacle.
Therefore, there will be no mass extradition of Ukrainians from the EU. Extradition remains an individual legal tool for holding individuals accountable for serious criminal offenses and does not apply to cases of evading mobilization.
