Can Ukraine Seek Extradition for Military Service Evasion? A Poland-Focused Legal Analysis

Public debate around Ukraine’s mobilisation policy has intensified since 2024, especially after the legal change that lowered the draft age from 27 to 25. This reform is widely documented by reliable sources and reflects Ukraine’s ongoing effort to address personnel shortages during wartime. 

For Ukrainian citizens staying abroad, including in Poland, the key legal question is not political but strictly procedural: can a person be extradited solely to force military service? Under the current legal framework governing cooperation between Poland and Ukraine, the answer is generally no when the conduct is limited to a pure military-duty breach.

1) What legal instruments matter most?

In practice, three layers are central:

First, the 1993 Poland–Ukraine Agreement on Legal Assistance and Legal Relations in Civil and Criminal Matters (Kyiv, 24 May 1993), in force since 14 August 1994, governs bilateral cooperation in criminal matters, including surrender/extradition mechanisms between the two states. 

Second, extradition in Poland is processed through domestic criminal procedure rules (including the judicial inadmissibility filters in the Code of Criminal Procedure). 

Third, the broader European extradition standard is consistent with the same principle: military offences that are not ordinary criminal offences are excluded from extradition under Article 4 of the European Convention on Extradition. While Ukraine-related surrender in Poland is primarily bilateral, this convention confirms the doctrinal direction.

2) Why “draft evasion only” is usually not enough for extradition

The bilateral Poland–Ukraine framework is built around surrender for criminal prosecution or execution of penalty. At the same time, classic extradition law distinguishes between ordinary crimes and purely military offences. This means that if the allegation is only a breach of military duty (without additional ordinary criminal conduct), extradition grounds are typically absent. 

In other words, extradition is not a general tool to compel return for conscription. Consular services may register citizens and facilitate return, but legal coercion abroad requires a valid extradition basis under treaty and procedural law.

3) When extradition risk can become real

The legal risk profile changes where military-service avoidance is linked to ordinary criminal offences—for example, document fraud, bribery, corruption in medical/administrative decisions, or organised facilitation of illegal border crossing. In such scenarios, the case can move from “military duty issue” to “ordinary crime case,” potentially satisfying dual-criminality and treaty requirements.

Therefore, from a defence perspective, the decisive issue is not public rhetoric about mobilisation, but the exact qualification of acts in the request, the evidence package, and compliance with Polish inadmissibility safeguards reviewed by a Polish court.

4) Polish judicial control remains the decisive safeguard

Even where a foreign request is filed, extradition is not automatic. Polish courts examine statutory bars and human-rights-sensitive grounds before any surrender can proceed. The constitutional framework (including Article 55) and criminal procedure filters structure this review. 

As a result, each case is highly fact-specific. The question is never “Is mobilisation in force?” but rather: Does the request concern extraditable ordinary crimes, and are all procedural and rights-based standards satisfied?

5) Practical guidance for foreign nationals in Poland

Individuals concerned about potential extradition exposure should secure immediate, evidence-based legal assessment of:

the legal basis of the foreign request, the offence classification, possible treaty exclusions, and all Polish procedural objections available at the court stage.

In complex cross-border criminal matters, professional defence strategy can materially affect the outcome. A specialised team such as Kopeć Zaborowski Adwokaci i Radcowie Prawni can provide structured representation in extradition proceedings, including urgent court defence, treaty-based argumentation, and coordinated communication with foreign counsel.

Conclusion

Under the current Poland–Ukraine legal framework, extradition solely for failing to perform military service is generally not available. However, where draft-avoidance narratives overlap with ordinary criminal allegations (especially corruption or fraud), extradition exposure may become legally concrete and must be assessed case by case.

For that reason, the correct legal approach is not speculation but rapid procedural analysis, grounded in treaty text, Polish extradition law, and court practice.

Bibliography

1. Agreement between the Republic of Poland and Ukraine on legal assistance and legal relations in civil and criminal matters, Kyiv, 24 May 1993 (UN Treaty Collection; Polish promulgation: Dz.U. 1994 nr 96 poz. 465). 
2. Constitution of the Republic of Poland, Article 55 (official English text, Sejm). 
3. Polish Code of Criminal Procedure (current consolidated text; extradition chapter and Article 604 practice references). 
4. European Convention on Extradition (Paris, 1957), Article 4 (military offences exclusion). 
5. Background on 2024 mobilisation reform in Ukraine (draft age lowered to 25): OSW analysis and Reuters reporting.