Extradition Lawyer in Nizhny Novgorod: Regional Court and Local Procedure

Under Article 462(6), if the Article 463 decision is challenged, extradition must not be carried out until the court decision becomes final. This protection is distinct from an Article 125 complaint about custody, which does not itself suspend the challenged action.

Which Nizhny Novgorod institutions handle the case?

What should happen in the first 72 hours?

This is a practical plan, not a statutory 72-hour deadline.

1. Record the time and legal basis. Obtain the arrest record, custody order, foreign warrant or judgment, and details of any INTERPOL notice. Record when each document was served.
2. Check whether the Russian extradition decision exists. A foreign warrant or Red Notice is not itself the Prosecutor General’s decision under Article 462. If the decision has been served, obtain the written notice and a copy of the decision immediately. Supreme Court Plenum guidance says the notice should be accompanied by the decision. The 10-day challenge period runs from receipt of notice; preserve proof of the date and language in which the documents were delivered.
3. Request a lawyer and interpreter. State in writing which language the person understands. If Russian is not understood sufficiently, the decision and notice must be translated. Keep the translation and proof of delivery.
4. Confirm the actual detention facility. Ask the authority and defence counsel to confirm the location in writing. Do not assume a relative is in a particular remand centre; no reliable public rule identifies one facility as the routine placement for every extradition detainee.
5. Keep custody and extradition deadlines separate. If the Article 463 decision has been notified, prepare that complaint immediately. If the custody order itself is unlawful, counsel should assess the separate Article 108 or Article 125 route.

Which deadlines apply to the extradition decision?

The Article 463 clock starts on receipt of notice, not merely on issuance of a foreign warrant or mention of an INTERPOL alert. Preserve evidence of any service or translation dispute.

Is the first custody hearing at the Regional Court?

Not necessarily. The Regional Court reviews extradition; a custody hearing may instead be before a district court. If the request lacks a foreign judicial detention order, Article 466(1) requires a Russian measure under the ordinary CPC procedure. A judge considers a detention application under Article 108, including within eight hours after the materials reach the court.

If the request includes a foreign judicial detention order, Article 466(2) allows the prosecutor to order custody or house arrest without prior Russian judicial confirmation. Supreme Court Plenum guidance caps this initial custody period at two months from arrest; any extension requires a Russian court and remains subject to general CPC limits. Two months is not an automatic entitlement to detain someone for that period.

Before a formal request arrives, the detention period is treaty-specific. If Article 16(4) of the 1957 European Convention on Extradition applies, provisional arrest may be terminated if the extradition request and Article 12 documents have not arrived within 18 days after arrest, and it must not exceed 40 days from arrest. The Council of Europe Treaty Office lists Russia as a party, but counsel must verify that the Convention applies between both states and check the requesting state’s and Russia’s reservations or declarations. Other applicable treaties may set different pre-request periods. The Supreme Court Plenum identifies, for example, a maximum of 40 days under the CIS Convention on Legal Assistance of 7 October 2002, and one month under the CIS Convention of 22 January 1993, or 40 days if the requesting state is party to its 1997 Protocol. If both the 1957 European Convention and another Russian treaty apply, the Plenum says the pre-request period must not exceed 40 days. The applicable instrument and its status between the two states must be checked.

A prosecutor’s custody order can be challenged separately under Article 125 CPC RF. That complaint is not the Article 463 extradition challenge, and filing it does not automatically suspend the challenged action. The competent district court depends on Article 125 and the case record. The complaint should identify the operative custody order and the rights affected; not every supervisory letter or refusal to answer correspondence is independently reviewable. Counsel should assess whether an express stay is available; filing alone does not prevent transfer.

What can the Regional Court decide?

Under Article 463(6), the judge checks whether the extradition decision complies with Russian law and the international agreements that apply between Russia and the requesting state. The judge does not decide whether the person committed the foreign offence. The court can cancel a decision found unlawful or unjustified; Article 463(8) provides for cancellation of the measure of restraint when the extradition decision is set aside.

Supreme Court Plenum guidance says review is based on circumstances existing when the extradition decision was made. A later refugee or asylum application does not itself postpone the Article 463 hearing, although a separate protection procedure may affect transfer. Detailed refusal grounds and evidence strategy belong in the Russia guide to challenging extradition; the national process is covered by the Russia extradition guide.

Language, documents and practical access

Supreme Court Plenum Resolution No. 11, paragraph 24, says the person must be notified of the extradition decision and receive a copy at the same time. If they do not know Russian or do not know it sufficiently, both documents must be translated into their native language or a language they understand. Ask counsel to record any failure of service, translation or interpretation in the court file and raise it in the Article 463 complaint.

The Regional Court’s official site lists public reception hours as Monday–Thursday 08:00–17:00, Friday 08:00–15:45, with a lunch break from 12:00–12:48; public reception is also listed on Saturdays from 09:00–12:00. Visitors must bring identity documents. The Fourth Appellate Court currently states that procedural documents are accepted only through its Electronic Justice service. These are practical access details, not extensions of a statutory deadline; confirm current hours, hearing access and filing requirements before travelling or submitting papers.

• Passport or other identity document, including name-spelling variants.
• Arrest record, custody order, Russian court orders and exact dates and times.
• Foreign warrant or judgment, extradition request and INTERPOL alert details.
• Extradition decision, notice of it, proof of receipt and translations.
• Available evidence of family ties, residence, employment, medical needs or other relevant circumstances.
• A short chronology of the arrest, authorities contacted and documents received.
• Contact details for Russian counsel and, where useful, counsel in the requesting state.

A hypothetical example: arrest at Chkalov Airport

Hypothetical: a foreign national is stopped at Nizhny Novgorod International Airport after officers identify a foreign warrant. Counsel should determine whether this is provisional arrest or custody under Article 466, whether a Russian custody order is required, and whether an extradition decision exists. If the Russian decision is later served, the 10-day Article 463 period runs from receipt of its notice, not from the earlier airport stop. If the notice or decision was not translated, record that fact and request a translation immediately.

For case-specific advice, consult a Russian defence lawyer promptly and provide the written notice, extradition decision and proof of receipt. You may use the enquiry form to contact the site.