Violation of migration legislation and terms of stay in Ukraine (strengthening administrative responsibility from april 2018)

April 29, 2018 came into force the Law of Ukraine "On Amendments to Some Legislative Acts of Ukraine of the Law of Ukraine on Ensuring Border Security of the State".

Thus, from the end of April 2018, some of new types of violations and responsibilities have been established and penalties for violations have been increased at the crossing of the Ukrainian border, the occupied territory and the zone of the antiterrorist operation. For the convenience of the perception of information, we present it in tabular form.

 

The most frequent violation by foreigners of the migration legislation of Ukraine is the exceeding of the periods of stay in Ukraine. Recall that the legal right to stay in Ukraine (for countries with visa-free entry to Ukraine) is 90 days within 180 days. Previously, that is, until 29.04.2018, the border services when leaving the Ukraine and when there were violations of the length of stay brought to administrative responsibility with a penalty of 510 UAH (maximum 850 UAH). Now, that is, after 29.04.18 the amount of the penalty will increase from 1700 UAH to 5100 UAH. If you do not pay the penalty, you will receive a ban on entry to Ukraine for 3 years, if you ignore the ban and try to cross the border of Ukraine with the current ban on entry, get a ban on entry + 10 years. Next, read more about the changes.

 

1. Penalties in violation of legislation on crossing the Ukrainian border are increased

 

Offense

Penalties

What changed

1. Malicious disobedience to the lawful order or demand of a serviceman or an employee of the State Border Service of Ukraine or a member of the public formation for the protection of public order and the state border that is involved in the protection of the Ukrainian border

• in the performance of his official duties related to the protection of the state border, the sovereign rights of Ukraine in its exclusive (maritime) economic zone or

• implementation of border control at checkpoints (checkpoints) across the state border of Ukraine or

• Implementation of border control at checkpoints of entry-exit

(p.1 article 185-10 CUaAV)

From 850 UAH to

1700 UAH

Increased penalty

2. The same actions committed by a group of persons or by a person who was subjected to an administrative penalty for the above offense during the year

(p.3 article 185-10 CUaAV)

  • From 850 UAH to

1700 UAH or

  • administrative arrest for 10 to 15 days

 

Increased penalty

3. Violation of the rules of stay in Ukraine:

• Accommodation without documents for the right to reside in Ukraine;

• Accommodation on invalid documents or documents that have expired;

• Employment without proper permission for this, if the need for such permission is provided for by the legislation of Ukraine;

• non-observance of the established order of movement and change of residence;

• evasion from departure from Ukraine after the end of the corresponding period of stay;

• Absences without good reason to a certain place of study or employment after entry into Ukraine at a certain time;

• violation of the rules of transit passage through the territory of Ukraine.

(p.1 article 203 CUaAV)

 

 

 

from 1700 UAH

to

5100 UAH

 

 

 

 

 

 

Increased penalty, earlier was from 510 to 850 UAH

4. Non-compliance with foreigners and stateless persons

• the registration procedure or

• residence in Ukraine on invalid documents or documents that have expired, or

• violation of the established period of stay in Ukraine, found at checkpoints (control points) across the state border of Ukraine or checkpoints of entry-exit

(p.2 article 203 CUaAV)

from 1700 UAH

to

5100 UAH

 

 

Increased penalty, earlier was from 510 to 850 UAH

5. Deliberate failure by a foreigner or stateless person of a decision of an authorized state body to ban entry to Ukraine (article 203-1 CUaAV)

from 1700 UAH

to

5100 UAH

Новое правонарушение

6. Crossing or attempting to cross the state border of Ukraine in any way

• outside the checkpoints across the state border of Ukraine or

• at checkpoints across the state border of Ukraine without relevant documents or using a forged document or containing inaccurate information about a person, or

• without the permission of the relevant authorities

(p. 1 article 204-1 CUaAV)

  • Penalty from 3400 UAH to 8500 UAH

  • Admin. arrest up to 15 days with the confiscation of the instruments and means of committing offenses

 

Increased liability, there was a penalty from 1700 to 3400 UAH, there was no confiscation

7. Violation of the order of entry to and withdrawal from the temporarily occupied territory of Ukraine

(p. 1 article 204-2 CUaAV)

From 1700 UAH

to

5100 UAH

 

8. Violation of the order of entry into and withdrawal from the temporarily occupied territory of Ukraine committed by a group of persons or by a person who was subjected to an administrative penalty for the same offense within a year

From 5100 UAH

to

8500 UAH

New violation

9. Violation of the order of entry into the area of conducting an antiterrorist operation or leaving it

Crossing or attempting to cross the contact line in the area of anti-terrorist operations or uncontrolled section of the state border of Ukraine in the area in any way to

• outside checkpoints of entry / exit or

• at checkpoints of entry / exit without appropriate documents or using forged documents or containing false information about the person, or without permission of the relevant authorities

(p. 1 article 204-4 CUaAV)

From 510 UAH

to

850 UAH

New violation

 

Enters into force on July 29,2018

10. Actions committed by a group of persons or by a person who was subjected to administrative penalties for violations in accordance with paragraph 9 of the table

(p. 2 article 204-4 CUaAV)

From 850 UAH

To 1190 UAH

New violation

 

Enters into force on July 29,2018

 

 

2. Innovations, regarding the terms of imposing an administrative penalty (article 38 CUaAV).

Violation

Term of imposing an administrative penalty

1. Crossing or attempting to cross the state border of Ukraine in any way

• outside the checkpoints across the state border of Ukraine or

• at checkpoints across the state border of Ukraine

• without appropriate documentation or

• using a forged document or containing inaccurate information about a person, or

• without the permission of the relevant authorities (article 204-1 CUaAV)

Within 3 (three) months from the date of their discovery, but not later than 1 year from the date of their commission

2. Violation of the order of entry to and withdrawal from the temporarily occupied territory of Ukraine

(article 204-2 CUaAV)

Within 3 (three) months from the date of their discovery, but not later than 1 year from the date of their commission

3. Violation of paragraphs 1 and 2 of the table by foreigners or stateless persons in respect of whom a decision has been made on forced return or compulsory expulsion from Ukraine

During the time necessary for their departure from Ukraine, but not later than the period specified by law for the departure of these persons from Ukraine or ensuring their forcible removal from Ukraine.

 

Based on the above, we can conclude that the significantly increased penalties for violations of migration legislation of Ukraine in terms of crossing the state border of the occupied territory and the area of the ATO.

 

3. When can ban entry to Ukraine for a period of 3 years, 10 years, 5 years?

The legislator also made some changes regarding the ban on the entry of foreigners and stateless persons to Ukraine (Article 13, 14 of the Law of Ukraine "On Legal Status of Foreigners and Stateless Persons"),

1) The enter into Ukraine of a foreigner or a stateless person is not allowed:

- (para. 2) in the interests of national security of Ukraine or protecting public order;

- if it is necessary to protect health, protect the rights and legitimate interests of citizens of Ukraine and other persons residing in Ukraine;

- if at the request for entry into Ukraine such a person has made false information or forged documents;

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

- if such a person violated the rules of crossing the state border of Ukraine, customs rules, sanitary norms or regulations or violated the lawful requirements of officials and officials of the state border guard agencies, revenue and fee authorities and other bodies exercising control over the state boundary;

- (para. 7) if during the previous stay on the territory of Ukraine a foreigner or stateless person did not comply with the decision of the court or public authorities authorized to impose administrative penalties (for example, a penalty was not paid upon departure from Ukraine for the violated terms of the previous stay), or have others not fulfilled property obligations to the state, individuals or legal entities, including those related to the previous expulsion, including after the expiry of the ban on further entry into Ukraine;

- (para. 8) (new!) if such person violated the procedure established by the legislation of Ukraine to enter the temporarily occupied territory of Ukraine or to the area of carrying out an anti-terrorist operation or to leave from them or made an attempt to enter these territories outside checkpoints of entry and exit

The 1st ban on entry to Ukraine on the listed grounds (para. 2,7,8) is established by foreigners and stateless persons for a term of up to 3 years. In addition, information about such persons is entered into a special database of persons who are prohibited from entering Ukraine.

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

That is, if you were forbidden to enter Ukraine for 3 years, and after one year of this prohibition you intentionally commit or attempt to violate this prohibition, you will be banned from entering Ukraine for 12 years (2 years of a non-served three-year term + 10 years ).

5-year ban on entry is given to those foreigners in Ukraine, who will try to illegally cross the border of Ukraine outside the checkpoints across the state border of Ukraine. They are detained, and if the violation of the legislation of Ukraine does not provide for criminal liability, they return to the country of their previous stay in accordance with the established procedure + receive a ban on entry to Ukraine for a period of 5 years.

 

4. The powers of the State Border Service

Bodies of the State Border Service of Ukraine, cases of administrative offenses relating to violations of the border regime, rules for the stay of foreigners in Ukraine, failure to comply with the decision to ban entry to Ukraine, violation of the procedure for entry into or withdrawal from temporarily occupied territory of Ukraine are considered at their location.

In cases where such violations are detected directly at the checkpoints, a protocol of administrative responsibility shall be compiled within 24 hours in two copies, one of which shall be handed to the person who is brought to administrative responsibility against receipt.

At the same time, the protocol is not prepared if the person does not contest the violation and the administrative penalty, in the following cases:

  • Violation of the border regime, the regime at checkpoints across the state border of Ukraine or regime rules at checkpoints of entry and exit;

  • Violation by foreigners and stateless persons of the rules of stay in Ukraine and transit passage through the territory of Ukraine;

  • Deliberate failure by a foreigner or stateless person of the decision of the authorized state body to ban entry to Ukraine;

  • Violation of the order of entry to and exit from the temporarily occupied part of Ukraine;

  • Violation of the order of entry into or exit from the area of an anti-terrorist operation,

and the appropriate authorities at the place of commission of the offense make a decision on the case of an administrative offense.

 

Authorized persons of the Ukrainian Border Guard Service may impose penalties imposed by them irrespective of their size directly at checkpoints solely with the help of non-cash payment terminals. If such terminals are not in place or the violator can not pay directly at the time of the administrative penalty, the penalty should be paid no later than 15 days from the day of handing him the decision to impose a penalty. At the same time, the violator is obliged to send the original or a copy of the receipt (payment order) within 3 working days after the expiry of the 15-day period, to pay the penalty to the body (official), who issued a resolution on imposing this penalty.

It should be noted that in case of non-payment by the offender a penalty in time, the penalty will already be collected in the order of compulsory execution of the resolution, which entails additional costs: the payment of a penalty already in double size + the costs of recording the specified offenses.

It is also established that violators can be detained for up to 3 hours to prepare a protocol, and, if necessary, to establish the identity and / or clarify the circumstances of the offense - up to 3 days.

 

If you have violated the current migration legislation or are not sure of the terms of legal stay in Ukraine, you were fined at the border crossing, but you did not pay the penalty on time, or you want to know whether there is a ban on entry to Ukraine for 3 years and / or lift such a ban - the company "LB "MAXIMUM" is ready to provide full assistance in solving these problems.

 

22.05.2018 lawyer Inna Syrovatka