Immunity - national proceedings

Ukraine

Code of Criminal Procedure of Ukraine 2012 (2020)

Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)

Article 466. Refusal in surrender of the person (extradition)

5) surrender of the person (extradition) contradicts obligations of Ukraine under the international treaties of Ukraine;

Constitution of Ukraine 1996 (2016)

Title V

THE PRESIDENT OF UKRAINE

Article 105.

The President of Ukraine shall enjoy the right of immunity for the period of his authority.
Persons guilty of infringing upon the honour and dignity of the President of Ukraine shall be liable according to law.
The title of the President of Ukraine shall be protected by law and shall be reserved for the President for life, unless the President of Ukraine has been removed from the office in compliance with a procedure of impeachment.

Title VIII

JUSTICE

Article 126.

The independence and immunity of judges shall be guaranteed by the Constitution and laws of Ukraine.

Rome Statute

Article 27 Irrelevance of official capacity

1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.

2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.