RESPONSIBILITY FOR VIOLATION OF MIGRATION LEGISLATION FOR FOREIGNERS AND STATELESS PERSONS

For foreign citizens and stateless persons, for the violation of the rules of residence in the territory of Ukraine provides for administrative liability. Thus, in accordance with the requirements of Article 203 of the KUpAP, residence without permit documents, invalid documents or documents whose validity has expired, employment without a corresponding permit, non-compliance with the established procedure of movement and change of place of residence, evasion of departure from Ukraine after the term of stay, violation of the rules transit through the territory of Ukraine, etc., entail the imposition of a fine of 100 to 300 tax-free minimum incomes, ranging from 1700 to 5100 UAH. in accordance. We also remind you that it is possible to calculate the date of departure from the country on your own using the online service "Migration Calculator" posted on the website of the Ministry of Internal Affairs of Ukraine (https://dmsu.gov.ua/services/migcalculator.html).

Recently, a number of new types of violations and accountability have been established and fines for violations have been raised at the intersection of the Ukrainian border, the occupied territory and the area of ​​the anti-terrorist operation.

The most frequent violation of migratory legislation by foreigners in Ukraine is the exceeding of the terms of stay in Ukraine. Let's remind you that it is lawful to stay in Ukraine (for countries with visa-free access to Ukraine) - this is 90 days within 180 days. Earlier, that is, until April 29, 2018, the border services on departure from Ukraine and when detected violated terms of stay were brought to administrative liability with a fine of 510 UAH (maximum 850 UAH). Now, that is, after 04/29/188 the size of the fine will increase from 1700 UAH to 5100 UAH, which is much more significant. If you do not pay a fine, get a ban on entering Ukraine for 3 years, if you ignore the ban and try to cross the border of Ukraine with a valid entry ban - get a ban on entry + 10 years. Read more about changes.

Violation of the rules of stay in Ukraine:

• residence without documents for the right of residence in Ukraine;
• residence of invalid documents or documents expired;
• employment without corresponding permission for this, if the necessity of such a permit is provided by the legislation of Ukraine;
• non-compliance with the established procedure of movement and change of place of residence;
• avoiding leaving Ukraine after the end of the relevant term of stay;
• failure to appear without a valid reason to a specific place of study or employment after entering Ukraine in due time;
• violation of the rules of transit through the territory of Ukraine.

When can it be forbidden to enter Ukraine for a term of 3 years, 10 years, 5 years?

The legislator also introduced a number of amendments to the prohibition on the entry of foreigners and stateless persons into Ukraine (Article 13.14 of the Law "On the Legal Status of Foreigners and Stateless Persons")

1) Thus, entry into Ukraine of a foreigner or stateless person is not allowed:

- (Paragraph 2) in the interests of ensuring national security of Ukraine or the protection of public order;

- if necessary for health protection, protection of the rights and legitimate interests of citizens of Ukraine and other persons residing in Ukraine;

- if, at the request for entry into Ukraine, such person filed a knowingly false information or false documents;

- if the passport document of such person, the visa is forged, spoiled or not conform to the established pattern or belongs to another person;

- if such person violated the rules of crossing the state border of Ukraine, the customs rules, sanitary norms or rules at the border crossing point of Ukraine or failed to comply with the legal requirements of officials and officers of the state border guard services, revenue and assembly bodies and other bodies exercising control at the state border;

- (paragraph 7) if during the previous stay in the territory of Ukraine a foreigner or a stateless person has failed to comply with a decision of a court or authorities authorized to impose administrative sanctions (for example, a fine has not been paid upon leaving Ukraine for violated terms of previous stay), or have other not fulfilled property obligations to the state, natural or legal persons, including those connected with the previous deportation, including after the expiration of the term of the prohibition of further entry into Ukraine; - (paragraph 8) (new!) If such a person, in violation of the procedure established by the legislation of Ukraine, entered the temporarily occupied territory of Ukraine or the area of ​​the anti-terrorist operation or left it or attempted to enter these territories outside the control points of entry -frease

One prohibition to enter Ukraine from the above grounds (paragraph 2,7,8) is established by foreigners and stateless persons for a term up to 3 years. In addition, information about such persons is entered into a special database of persons who are forbidden to enter Ukraine.

The 2nd ban on entry into Ukraine is set for the term +10 years in the event that a foreigner does not comply with the decision to ban entry into Ukraine during the established 3 years. These 10 years are added to the part of the ban which has not yet expired.

That is, if you were forbidden to enter Ukraine for 3 years, and you will intentionally make such a prohibition or try to violate this ban after one year, then you will be banned from entering the Ukraine for 12 years (2 years not spent three years + 10 years).

For 5 years, the ban on entry into Ukraine is received by those foreigners who try to illegally cross the border of Ukraine outside the border crossing points of Ukraine. They are delayed and if the violation of Ukrainian legislation does not provide for criminal liability, they return to the country of the previous stay in the prescribed manner + get a ban on entry into Ukraine for a term of 5 years.

4. Specifies the powers of the State Border Guard Service

Yes, the bodies of the State Border Guard Service of Ukraine about administrative violations, violation of the border regime, the rules of staying foreigners in Ukraine, failure to comply with the decision to ban entry into Ukraine, violation of the order of entry into or departure from the temporarily occupied territory of Ukraine, are considering place of their detection.

In cases of detection of such violations directly at checkpoints, within 24 hours a protocol on administrative liability is drawn up, in duplicate, one of which shall be handed over to the person who is being brought to administrative liability under the receipt.

In this case, the protocol does not consist if the person does not contest the perceived violation and administrative penalty, in the following cases:

• Violation of the border regime, the regime at the points of entry through the state border of Ukraine or regime rules at checkpoints of entry-exit;
• Violations by foreigners and stateless persons of the rules of stay in Ukraine and transit through Ukraine;
• Intentional non-fulfillment by a foreigner or a stateless person of a decision of the authorized state body on the prohibition of entry into Ukraine;
• Violation of the order of entry into and exit from the temporarily occupied territory of Ukraine;
• Violation of the order of entry into or out of the territory of the anti-terrorist operation, and the relevant authorities at the place of commission of the offense shall be issued a ruling on the case of an administrative offense.

Authorized persons of the Border Guard Service of Ukraine may charge their imposed fines, regardless of their size, directly at checkpoints solely with the help of non-cash payment terminals. If there are no such terminals in place or the violator can not pay directly at the time of administrative penalty, the fine shall be paid not later than 15 days from the day when he was ordered to impose a fine. In this case, the offender is obliged within 3 working days after the expiration of the 15-day deadline to send the original or a copy of the receipt (payment order) on payment of a fine to the body (official), who made a decision to impose this fine.

It should be noted that in case of non-payment of a fine by the offender, the fine will already be collected in the order of enforcement of the order, which entails additional expenses: the payment of the fine is already doubled + the cost of accounting for these violations.

It has also been established that offenders may be detained for up to 3 hours to draft a report, and, if necessary, to establish a person and / or clarify the circumstances of the offense - up to 3 days.

Ukraine's migration legislation includes a lot of nuances, so for uninterrupted stay in Ukraine and in case of any questions on migration issues. Contact the law firm "Prikhodko & Partners" our advice is free!