Extradition Lawyer in Chernivtsi: Chernivtsi Court of Appeal and the Local Procedure

Which Chernivtsi court has the file today?

The correct court depends on the procedural step and territorial jurisdiction. Under Articles 583–584 of Ukraine's Criminal Procedure Code (Кримінальний процесуальний кодекс України, CPC), the prosecutor applies to an investigating judge for temporary arrest at the place of apprehension, while extradition arrest following a formal request is considered by an investigating judge with jurisdiction over the place of custody. The Chernivtsi Court of Appeal is an appellate court, not the prosecutor making the surrender decision and not the default first-instance extradition-arrest court.

The distinction is visible in an official account published by the courts on 29 May 2026. In a French national's case, the investigating judge of the Sadhirskyi District Court of Chernivtsi had ordered a 20-day temporary arrest; following receipt of a formal French request, the investigating judge of the Shevchenkivskyi District Court of Chernivtsi ordered extradition arrest. The Chernivtsi Court of Appeal rejected the defence appeal against that second order. This is an account of a particular proceeding, not a rule that all cases must follow these two courts or that the general statutory temporary-arrest maximum is 20 days.

A further naming trap matters when instructing a local lawyer: the former Pershotravnevyi District Court of Chernivtsi was renamed Chernivtsi District Court of the City of Chernivtsi (Чернівецький районний суд міста Чернівців) effective 2 May 2025. An older custody order or database entry may use the former name. Supply both names when tracking an older file; a renaming did not transform the Chernivtsi Court of Appeal into a court of first instance.

Local institutions: who should receive which question?

An arrest near the Romanian border: where does the case go?

Chernivtsi oblast includes the Porubne–Siret international road crossing at Terebleche on the Romanian border and the Vadul-Siret international rail crossing near Cherepkivtsi. The State Customs Service lists them as separate crossing points. The exact checkpoint, arrest location and time can help identify the initial investigating judge, but a border record alone does not prove that a formal extradition request exists or determine which court has jurisdiction after a transfer.

Hypothetical example: a Romanian citizen is apprehended at Porubne–Siret and the family later hears that the person is being held in Chernivtsi. The family should not assume the Court of Appeal held the first hearing. Counsel should obtain the arrest record and first investigating judge’s order, confirm the current custody location, then establish whether the prosecutor sought temporary arrest before a formal request or extradition arrest after receipt of the request.

The first 72 hours: a statutory court limit and a practical plan

Under Article 583(5) CPC, the investigating judge must consider the prosecutor's temporary-arrest application as soon as possible and no later than 72 hours after apprehension. This is a deadline for judicial consideration, not a promise that the entire extradition case will finish in three days. Article 583 generally permits temporary arrest of up to 40 days, or a different period under an applicable treaty, while the formal request is awaited. The precise period in the signed court order controls what counsel must diarise. If the permissible period expires without the request, Article 583 provides for release, though a later properly received request can lead to a new extradition-arrest application.

Once the foreign request arrives: what does the local judge check?

Under Article 584 CPC, the prosecutor acts on the central authority's instruction and brings the extradition-arrest application to the investigating judge competent for the place of detention. Materials include a centrally certified copy of the request, identity or nationality material and available extradition-inquiry documents; materials submitted to the judge must be in Ukrainian or another treaty-permitted language. The judge assesses the detention basis, not the person's criminal guilt abroad. Extradition arrest may not exceed 12 months; a prosecutor-initiated detention review is required at least every two months, and the detainee or defence may seek review of release grounds no more than once each month under Article 584.

Article 585 CPC allows a non-custodial measure where the judge finds circumstances sufficiently securing appearance and eventual surrender. The relevant application belongs before the investigating judge dealing with detention, not as a general request to the Chernivtsi Court of Appeal. Evidence about stable residence, dependants, treatment arrangements and ability to comply is more useful than an unsupported assurance that the person will cooperate. In the reported French case, the appellate judges rejected arguments regarding the alleged absence of an adequate request, health and a less restrictive measure on the documents presented; that reported outcome is fact-specific and does not create an automatic bar to a properly evidenced application in another case.

Which appeal is going to the Chernivtsi Court of Appeal?

Appeals from orders applying temporary arrest under Article 583 and extradition arrest under Article 584 go to the Chernivtsi Court of Appeal only where Chapter 44 expressly permits an appeal. The Supreme Court’s official review of 2018–2025 case law lists the appealable extradition orders; in case 947/23713/22 (31 August 2023), the Court held that refusal to impose house arrest to secure extradition is not appealable. A ruling connected with extradition is therefore not automatically appealable. Obtain the signed order, case number and date, and identify the exact statutory category before filing.

A challenge to the central authority’s final surrender decision under Article 591 is separate from an appeal against custody. In case 757/39481/19-к (16 September 2025), the Supreme Court confirmed that the person sought has no general cassation route in extradition proceedings; Article 591(7) permits only a prosecutor’s cassation for incorrect application of Ukraine’s international treaties, and only where cancelling the surrender decision prevents further proceedings against that person. Check the route and deadline against the exact order; the Ukraine remedies guide covers national challenges, while the Ukraine procedure guide explains the stages.

Interpreters, visits and the risk of an uninformed signature

Hearings are conducted under Ukrainian procedural rules. Inform counsel immediately if the person cannot understand Ukrainian, and identify a language in which legal instructions can actually be understood. For extradition-arrest materials, Article 584(3) addresses translation of documents submitted to the court; that is distinct from the person's need for an interpreter during questioning and hearing. A language problem should be raised and recorded at the earliest hearing, not left to a later appeal.

Ukraine's free legal-aid system accepts detention notifications 24/7 at 0 800 213 103 (its public call centre); relatives can supply the person's identifying details and reported location. A privately instructed lawyer should first confirm the detention centre's current visiting and confidential consultation arrangements, which may change with security conditions under martial law. The actual facility must be confirmed with the detaining or transferring authority. Do not infer the place of custody from the city name; arrange visits and confidential consultations with the facility that actually holds the person.

Consent to simplified extradition and waiver of the speciality rule are separate legal choices with different consequences. Before signing either statement, ask for confidential advice and interpretation if needed; the Ukraine procedure guide explains the distinction.

What should a family member or foreign lawyer send first?

• Full name as in the passport, date of birth, nationalities and preferred language; send passport copies securely to instructed counsel.
• Checkpoint or precise street of arrest, date and clock time, name of the police or border unit, and the custody destination if known.
• Every written paper: arrest protocol, summons, temporary-arrest or extradition-arrest ruling, case identifier and appeal instructions.
• Information about the requesting state, suspected offence or foreign judgment, without assuming that an INTERPOL entry is itself the extradition decision.
• Relevant medical records, medication instructions, dependent-child arrangements and proof of local ties, where relevant to the detention hearing.
• The contact details of any lawyer abroad and the original-language foreign documents; verify translations before filing them in the Ukrainian court.

For a document-based consultation, submit the arrest record and any signed court order through the request form. The available procedural options depend on the exact order, the current custody location and the applicable law.