VIOLATION OF BORDER CROSSING RULES

"Climbing up is always difficult - it's easy only when you fly down".

Petryk Tetiana

Head of migration law practice

Lawyer, master of law, expert in the field of migration law.

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VIOLATION OF BORDER CROSSING RULES

Reading time: 3 min.

One of the most common offenses in this context is illegal border crossing or attempted illegal border crossing. After the start of the full-scale Russian invasion, this problem became especially urgent. In an effort to protect themselves from the risks of war, people often crossed the state border illegally. However, this does not cancel the effect of the current legislation, although its norms have become more lenient nowadays.

In what circumstances does this offense mostly occur?

As a rule, a person either crosses the border in a place that is not established for this purpose, or does so using inappropriate documents. It often happens that inaccurate information about oneself is provided.

Despite the difficult times, there are certain rules. And the fact that they are now softened does not invalidate their effect. If there are established checkpoints where you can cross the border, then you need to enter the territory of another state through it. The same applies to documents, when their list is as simplified as possible.

How is an offense recorded?

Such an offense is fixed in 2 stages:

  • The border service first draws up the appropriate protocol.
  • Later, investigators arrive at the scene. There is a single register where information about pre-trial investigations is entered. It is they who bring it there.

Sometimes it happens that border guards or investigators act with procedural violations. And where they see an attempt to illegally cross the border, it is often possible to defend the interests of the person against whom such a protocol was drawn up. Therefore, quality legal assistance can be very appropriate.

What legislation is relevant in this area?

If you often cross the border and want to be sure that you are doing everything in accordance with the current legal norms, then it would be advisable to familiarize yourself with the norms of the law "On the State Border of Ukraine". This is a key legal act that defines the basic aspects of such issues. It is also worth paying attention to the official resources of the State Migration Service. After the outbreak of full-scale war, the rules for crossing the border change regularly.

The fact is that the law defines only general provisions on this topic. And they are supplemented and specified by subordinate legal acts. Considering the fact that the social and military situation is dynamic, the authorized bodies make the necessary changes taking it into account at a specific moment in time. Therefore, it will be good to monitor these changes on the official website of the Ministry of Internal Affairs and Communications.

What to do if you lost your documents abroad?

When a person finds himself in such a situation, he first experiences great stress. However, you should not be afraid, because such cases sometimes really happen, and the authorized authorities have clear algorithms on how to act. Therefore, you need to apply to the police of the country where you are, as well as to the consular office. You will be issued temporary documents for crossing the border, and you will be able to renew your passport upon arrival.

If you have been issued a protocol for violating the border crossing, do not be in a hurry to consider the case a lost one. Contact our lawyers - and we will do our best to professionally help you defend your rights and interests.

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Head of migration law practice

Lawyer, master of law, expert in the field of migration law.

Contact now
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