The situation with Tsemakh is a prime example of the work of Ukraine’s security services — Boris Babin, legal advisor at Barristers LLP

According to Boris Babin, a legal advisor at Barristers LLP, the current situation does not look all that bad for Ukraine: “It has several dimensions. The first dimension is the exchange of persons who are to be detained in accordance with the laws of war. Because today we are in a conflict with the Russian Federation. There is a ceasefire in this conflict—the Minsk Agreements. I would like to emphasize that this agreement between the parties does not, in and of itself, create international obligations. But since we are complying with it for political reasons, we have taken this step. At the same time, it is highly significant that we exchanged people specifically with the Russian Federation. By agreeing to this particular exchange format, the Russian Federation has recognized itself as a party to the Minsk Agreements, which it is also implementing for political reasons."

Boris Babin, a legal advisor at Barristers Law Firm, emphasized that the Minsk Agreements do not create obligations for either the State of Ukraine or its law enforcement agencies. This is not an international treaty.

“From the perspective of national legislation, the individuals who traveled from Kyiv to Moscow had the status of convicted persons or individuals subject to certain legal proceedings in criminal cases, or against whom preventive measures had been imposed. These preventive measures were subsequently modified by a Ukrainian court. Some of those who had already been convicted received pardons. Therefore, legally speaking, it cannot be said that we forcibly extradited anyone. These individuals left Ukrainian territory entirely of their own free will. They signed corresponding statements in which they undertook, first, to restrict their own movement for a certain period of time, and then to depart for the territory of the Russian Federation. Since they were not extradited but left voluntarily, Ukraine is not violating its obligation to prohibit the extradition of its own citizens to foreign countries. “Indeed, some of these individuals are Ukrainian citizens from Crimea, Luhansk Oblast, and other regions, and they voluntarily left Ukrainian territory and arrived in the Russian Federation,” explained Boris Babin, a legal advisor at Barristers Law Firm.