According to the Ukrainian legislation violations of staying
rules in Ukraine by foreigners and stateless individuals are the following:
- Stay without documents confirming the right of residence in Ukraine,
stay by invalid documents or documents that have expired.
- Employment without due employment permit, should such a permit be
stipulated by the Ukrainian legislation.
- Failure to comply with the established order of movement and change of
residence.
- Failure to depart from Ukraine after a certain period of stay.
- Violation of the transit rules in the territory of Ukraine.
- Violation of the established order of registration by foreigners and
stateless individuals.
- Failure to stay in Ukraine for an allowed period discovered at the
Ukrainian state border checkpoints.
Thus, the above types of administrative offences lead to decisions to expel
foreign nationals from Ukraine, which, in their turn, can adversely affect
interests of such foreigners, in particular, depriving them of their businesses,
education, etc.
Recently foreigners and stateless individuals have rather frequently been
wrongly prosecuted for committing administrative offences, with their rights and
lawful interests violated.
In such cases foreign citizens and stateless individuals find themselves in
dead-end situations often without even knowing that their involvement in
administrative proceedings results in their being expelled from Ukraine without
the right to come back during a certain period of time. Then, a purpose of a
foreigner's arrival in Ukraine, whether for business or political asylum,
becomes unachievable.
Thus, it should be noted that today there is a real possibility to avoid such
situations and resume violated rights and lawful interests of foreigners or
stateless individuals. In this regard, we suggest you considering the following
ways to tackle your concerns arising with the bodies of the Migration Service
and officers of the Interior Minister:
-
Ensuring legal stay of a foreigner of a stateless individual in the
territory of Ukraine:
-
processing employment permits to work in Ukraine;
-
providing assistance with invitations to enter Ukraine;
-
registering juridical persons at the Department of Citizenship,
Immigration and Registration of Natural Persons as economic entities
inviting foreign nationals;
- Extension of stay in Ukraine for foreigners or stateless individuals
from to up to twelve months, should power entities resort to illegal actions
aimed at their expulsion from Ukraine, in particular:
-
receiving an official document on having submitted an application to
acquire a refugee status, that deprives law enforcement officers of the
right to resort to administrative detention of foreigners and stateless
individuals and take them to temporary detention centers;
-
submitting an appeal of decision made by law enforcement officers on
expulsion from Ukraine to a higher authority;
-
submitting an appeal of illegal actions resorted to by officers of the
State Committee on Nationalities and Religions;
-
filing a law suit in an administrative court to find expulsion or
administrative prosecution initiated by power entities illegal that
would suspend such acts and enable to freely move in the territory of
Ukraine.
The given services includes:
- Thorough legal analysis of a definite situation that has risen due to
illegal actions of a power entity as to a foreigner or a stateless
individual.
- A law suit filed at a court.
- Control of litigation by a filed law suit to find actions of power
entities to be illegal.
- Representation of a client in court hearings by a law suit to find
actions of power entities to be illegal, in particular:
-
drawing up petitions relating to court proceedings;
-
making up written explications for additional arguing legal position of
a client;
-
providing oral explanations concerning filed law suits during court
hearings;
-
writing out disciplinary complaints against unlawful actions of a judge
that has impact on impartial and unbiased investigation.
- Appeal of an administrative court judgment, should stated claims be
refused, including:
-
detailed analysis of argumentation of an administrative court legal
position related to stated claims refusal in compliance with the current
Ukrainian legislation;
-
making up an appeal against an administrative court judgment to dismiss
stated claims and filing a complaint directly to the Court of Appeal;
-
control over appeal proceedings against an administrative court judgment
to dismiss stated claims.