One of the conditions for transfer of the convicted person from the colony in Russia to Ukraine is the agreement of the sentenced Ukrainian citizen as Ukrinform reported citing Justice Ministry commenting the case of Roman Sushchenko.
According to Article 3 of the Convention on Transfer of Sentenced Persons, which acts between Ukraine and Russia and point 606 of the Criminal Procedure Code of Ukraine, the sentenced person may be transferred on particular conditions. Particularly: if a person is a citizen of the state of the enforcement of the sentence, Ukraine; if the sentence came into force; if at the time of receipt of a request on the transfer, convicted has to serve sentence for at least six months or the sentence delivered on the detention for indefinite period for the convicted; or if the convicted agrees on the transfer, if a state of the execution of the sentence (Russia) or the state of the enforcement of the sentence (Ukraine) agree on the transfer of a convicted person.
Besides, according to the Criminal Procedure Code of Ukraine, the request of the authorized (central) body of the foreign state (Justice Ministry of Russia), request of a convicted person or close relatives, members of family are a ground for the consideration of the request for the transfer of a convicted person for serving sentence.
Moreover, the Justice Ministry noted that according to Part 2, Article 2 of the Convention, a convicted may express the desire to be transferred in accordance with this Convention to the state of the execution of the sentence or the state of the enforcement of the sentence.
The ministry also explained that according to Part 3, Article 9 of the Convention and Criminal Procedure Code of Ukraine, the serving of the sentence in Ukraine of the transferred person convicted by the court of a foreign state takes place in accordance with the penal enforcement legislation of Ukraine.
Thus, a transferred person will face the same legal consequences as a person convicted in Ukraine for the commitment of the same criminal offense.
Besides, the conditional release, amnesty or pardon in the order provided by the law may be used toward the transferred person.
Earlier Ukrainian political prisoner Roman Sushchenko signed the document on the agreement to serve sentence in Ukraine.
Earlier, Feygin stated that Roman Sushchenko could be either exchanged for some Russian prisoner detained in Ukraine or be brought back to Ukraine where he would serve time in jail.
Ukrainian political prisoner, reporter of Ukrinform news agency Roman Sushchenko was detained in Moscow, where he came to with a private visit in September 2016; Russian prosecutors charged him with 'espionage'. In June 2018, he was sentenced to 12 years in a high-security penal colony.