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Protection in International Jurisdictions: Grain Law Firm Attorneys Secure Refusal of Extradition Requested by the Prosecutor General’s Office

Extradition is one of the most complex areas of criminal procedural law, where national legal procedures intersect with international human rights standards. Where a request for the extradition of an individual is concerned, the key task of counsel is to ensure that the international legal safeguards protecting the client’s rights and legitimate interests are upheld at every stage of the proceedings.

In the course of these criminal proceedings, the Main Investigation Department of the National Police of Ukraine and the Prosecutor General’s Office notified our Client of suspicion of offences under Part 5 of Article 190, Part 3 of Article 28, and Part 3 of Article 358 of the Criminal Code of Ukraine. In July 2026, the judicial authorities of the Republic of Bulgaria considered the Ukrainian authorities’ extradition request concerning the Client.

The primary focus of the Grain Law Firm team was to assess the extradition request for compliance with the standards and requirements of international law and the European Convention on Human Rights. In assessing the relevant legal context, the defence examined official notifications and intergovernmental documents. This analysis established that, following the introduction of martial law, Ukraine formally exercised its right to derogate from the performance of certain obligations pursuant to Article 15 of the Convention and Article 4 of the International Covenant on Civil and Political Rights. Ukraine officially notified the Council of Europe of this by Verbal Note No. JJ9325C dated 2 March 2022 and subsequently reaffirmed its position by Verbal Note No. 31011/32-119-9327 in 2025, declaring a temporary derogation from the full scope of its obligations under the Convention provisions guaranteeing:

  • Article 5: Right to liberty and security of person.
  • Article 6: Right to a fair trial.
  • Article 8: Right to respect for private and family life.
  • Article 13: Right to an effective remedy.

In cooperation with Bulgarian counsel, Grain Law Firm attorneys developed a substantiated legal position for the Burgas Court (First Appellate Criminal Panel). The defence successfully challenged before the court the written assurance provided by the Prosecutor General’s Office and attached to the extradition request, concerning the Ukrainian authorities’ ability to fully comply with their obligations arising from international treaties.

In considering the case, the court took into account the information presented by Grain Law Firm attorneys, including:

  • the Special Report of the Ukrainian Parliament Commissioner for Human Rights for 2024;
  • the Ombudsman’s report on the results of the visit to the Kyiv Pre-Trial Detention Centre dated 12 July 2023;
  • the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment;
  • the U.S. Department of State’s 2023 Country Report on Human Rights Practices in Ukraine, taking into account the findings of the UN Human Rights Monitoring Mission in Ukraine.

As a result, the defence developed and presented an effective and compelling legal position in proceedings before a foreign court concerning the extradition of the Client from the Republic of Bulgaria to Ukraine. This resulted in a reasoned decision refusing to grant the extradition request submitted by the Prosecutor General’s Office, taking into account the requirements and high standards of international law recognised and implemented by Ukraine.

The Client is represented by Grain Law Firm Partner Oleksandr Teleshetskyi, together with Counsel Alina Davydova.