Welche Haftung können Ausländer für Verstöße gegen die ukrainische Migrationsgesetzgebung übernehmen?

Die Migrationsgesetzgebung definiert nicht nur die Rechte und Pflichten ausländischer Staatsbürger und staatenloser Personen in der Ukraine, sondern auch die Strafen für die Nichteinhaltung der festgelegten Normen. Erfahren Sie, welche Haftung für Verstöße das ukrainische Gesetz vorsieht.

Rechtliche Unterstützung bei Einreise und Aufenthalt in der Ukraine

HOLEN

Liability for violations of administrative, legal or criminal regulations by foreign citizens and stateless persons is regulated on a general basis. At the same time, the issues of entry and stay in Ukraine are regulated by the migration legislation of Ukraine.

We will tell you what norms may be violated by foreigners and what liability for violation of migration legislation is provided for in Ukraine.

What provisions of migration law may be violated by foreigners?

In general, foreigners may be held liable in case of violation of the following rules:

1. Illegal crossing or attempting to illegally cross the state border of Ukraine.

2. Violation of the procedure for employment, admission to study, provision of housing, registration of foreigners and stateless persons and execution of documents for them (for example, illegal labor, lack of residence registration, submission of deliberately false information when submitting documents, etc.)

3. Violation of the procedure for entry and exit to/from the temporarily occupied territory.

4. Failure to comply with a decision on an entry ban (we have described in detail how to appeal such a ban in a legal manner in this article).

5. Violation of the established rules of stay and transit through the territory of Ukraine.

It should be noted that the most common violations are: non-compliance with the terms of stay in the country and untimely execution of documents for the extension of the term of stay.

As a general rule, foreigners and stateless persons may stay in Ukraine for no more than 90 days within 180 days or for the period allowed by the visa. The period of stay of persons holding a residence permit in Ukraine is determined by the relevant document (i.e., the validity period of the temporary or permanent residence permit). 

At the same time, one of the most common categories of persons is foreigners who have joined the Armed Forces of Ukraine and signed a contract. Such persons do not apply for a residence permit, and their contract and military ID card are the basis for their legal stay in the country. We have described in detail how to obtain an immigration permit to Ukraine after the expiration of a contract with the Armed Forces of Ukraine in this article.

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What is the responsibility for violating migration laws?

In general, there are several types of liability for violation of migration laws: a fine, a ban on entry, forced return to the country of origin, refusal to cross the border, and forced expulsion.

The type of penalty or the amount of the fine may vary, as the circumstances of the case and the type of offense, whether the person has been held administratively liable before, how many days the rules were violated, etc. will be taken into account when bringing the person to justice. 

Forced expulsion (deportation) can be carried out only on the basis of a court decision. The entry ban after expulsion is usually valid for five years.

The decision to forcibly return a person is made at the level of the territorial bodies of the Security Service, border and migration services. The decision specifies the reasons, the procedure for returning the person, the deadline for appealing the decision, and the period within which the person must leave Ukraine (usually up to 30 days).

If you have any additional questions or need expert assistance on migration issues, please contact Visit Ukraine lawyers. You can order a specialist consultation or full legal support by following this link. 

For more information, please contact the Visit Ukraine hotline (Telegram | WhatsApp).

Read this article to find out what documents confirm the right to legal stay of foreign citizens in Ukraine and how to obtain them.