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Petryk Tetiana

Head of migration law practice, master of law, expert in the field of migration law.

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 Quite often we analyze the regulatory mechanisms for obtaining certain documents or statuses for foreigners. But do you know about the types of liability that can be applied in case of violation of migration legislation?

 It is worth noting that in this article we will consider only the liability that can be applied for violations of migration regulations. Other types of liability (criminal, administrative and legal) apply to foreigners on general grounds.

Therefore, foreigners and stateless persons are liable for the following administrative offenses:

  • Violation of the established rules of stay, transit – Article 203 of the Code of Administrative Offenses;
  • Failure to comply with the decision to ban entry – Article 203-1 of the Code of Administrative Offenses;
  • Illegal crossing, as well as an attempt to illegally cross the state border – Article 204-1 of the Code of Administrative Offenses;
  • Violation of the order of entry, exit to / from the temporarily occupied territory – Article 204-2 of the Code of Administrative Offenses;
  • Violation of the order of employment, admission to study, provision of housing, registration of foreigners and stateless persons and registration of documents for them – Article 204 of the Code of Administrative Offenses.

 The most common violation is the violation of the period of stay of foreigners in the country. If a certain period of stay has been violated, a foreigner / stateless person is fined and forced return or expulsion may be applied.

 Forced expulsion (deportation) is used by the territorial bodies of the Security Service, border and migration services. The obligatory ground for expulsion is the existence of a court decision issued on the basis of claims of the above-mentioned bodies. The ban is valid for five years.

 The decision on forced return is made by the territorial bodies of the Security Service, Border and Migration Services. It states the reasons for admission, the procedure and deadline for appeal, as well as the period during which the foreigner must leave Ukraine (up to 30 days).

 As for the sanction, the specific type of liability depends on the type of offense and the circumstances of the case. In general, a foreigner can be fined up to UAH 13,600. or administrative arrest for a period not exceeding 15 days. It is worth paying attention to such additional punishment as confiscation of weapons and means of committing an offense. For example, if a foreigner is caught by the competent authorities while illegally crossing the state border in a vehicle, such a vehicle will be confiscated.

  It should be noted that Migrant and other operations aimed at preventing and preventing illegal migration are systematically carried out by the competent authorities, including law enforcement agencies. As part of such operations, compliance with the rules of stay in Ukraine established by law is verified.

 If you are planning to receive migration services or have any questions, contact the law firm “Prikhodko and Partners”!

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