Procedure and time limits for deciding the issue of the transfer of persons sentenced by Ukrainian courts, for serving their sentences in foreign states.The issue of the transfer of persons sentenced by Ukrainian courts to imprisonment, for serving the sentence in the state of their nationality, shall be decided on by the Ministry of Justice of Ukraine.
Whenever the sentenced person is a national of a foreign state that is a party to the international treaty on the transfer of persons sentenced to imprisonment, for serving the sentence in the state of his/her nationality, the authority in charge of execution of sentences, shall advise the sentenced person of his right to apply to the Ministry of Justice of Ukraine or the competent authority of the state of his nationality, with a request to be transferred to this state for serving the sentence there, on the grounds and according to the procedure prescribed in this Code. Provisions of this part do not preclude sentenced nationals of other states from applying for the transfer to the state of their nationality to continue serving their sentence.
Having studied and examined materials, the Ministry of Justice of Ukraine, if such materials are duly drawn up and if grounds specified by this Code or by the relevant international treaty exist, shall take a decision to transfer the person sentenced by Ukrainian court to imprisonment, for him to continue serving the sentence in the state of his nationality, and shall send information thereon to the appropriate foreign authority and to the person upon whose initiative the issue of such transfer of the sentenced person was considered.
Upon receiving from the competent authority of the foreign state of information on the consent to admit the sentenced person for serving his punishment, the Ministry of Justice of Ukraine shall send to the Ministry of Internal Affairs of Ukraine, the assignment to make arrangements regarding the place, time, and procedure for the transfer, and to organize the transfer of the person concerned from the relevant institution of the Ukrainian penitentiary system to the foreign state.
Transfer of a sentenced national of a foreign state for further serving of punishment as prescribed in this Article, shall not deprive him of the right to raise the issue of his release on parole, commutation of the remaining part of the sentence to a less severe one, within time limits specified in the Criminal Code of Ukraine, as well as of pardon, in a procedure established by Ukrainian law.
The Ministry of Justice of Ukraine shall inform the sentencing court of the decision to transfer the sentenced person, as well as shall ensure that the court is informed on how the sentence has been executed in the foreign state concerned.
Whenever an amnesty is declared in Ukraine, the court which received information on the decision to transfer a sentenced person as provided for in this Article, shall consider the issue of applying amnesty to such sentenced person. If necessary, the court may apply to the Ministry of Justice of Ukraine seeking to receive from the competent authorities of the administering state, the information necessary for the consideration of the issue of applying amnesty.
