On June 29, 2023, the President of Ukraine signed the Law “On Amending the Code of Ukraine on Administrative Offenses to Improve Legislation in the Field of Migration,” adopted by the Verkhovna Rada of Ukraine that strength responsibility for violations of immigration legislation.
Let’s examine the main changes:
- A new article has been added to the Code of Ukraine on Administrative Offenses regarding the failure to comply with lawful requirements by officials performing official duties related to the prevention and counteraction of illegal migration.
If a person openly refuses to comply with a lawful order or demand of a government official while performing duties related to preventing and countering illegal migration or intentionally does not execute lawful orders or demands, the person risks receiving a fine ranging from 850 to 1700 UAH. In case of a repeat offense within a year, the fine will increase to between 1700 and 2550 UAH.
- Gradations have been added regarding the violation of the period of stay in Ukraine or residence with invalid documents.
If a foreigner or stateless person (hereinafter referred to as SP) was in Ukraine illegally for up to 30 days or violated the rules of transit through the territory of Ukraine or did not register their place of residence after receiving a permit on time, they face a fine of 1700 – 3400 UAH.
If the period of illegal stay in Ukraine exceeds 30 days, or the foreigner/SP resided with invalid documents, or the validity period has expired, the fine will be 3400 – 5100 UAH.
Note. During a state of war in Ukraine, Resolution of the Cabinet of Ministers No. 1202 applies. According to this resolution, residence permits, except those issued to citizens of the Russian Federation, whose validity has expired or are subject to exchange after February 24, 2022, remain valid for temporary or permanent residence in Ukraine and allow entry to Ukraine for 30 calendar days from the date of its termination or cancellation.
For repeat offenses within a year, foreigners will be fined 5100 – 6800 UAH.
This norm does not apply to minors and persons who have lost their ID and reported it to the migration service within 3 working days.
- Increased liability for the receiving party.
It should be recalled that the receiving party for a foreigner is considered to be citizens of Ukraine, foreigners, and SPs who permanently or temporarily reside in Ukraine, officials of enterprises, institutions, and organizations that have invited or are receiving foreigners and stateless persons in Ukraine.
If the receiving party did not take measures to arrange residence documents for a foreigner/SP or did not report the termination of grounds for their stay in Ukraine, they will be fined 850 – 1700 UAH.
Although the fines for violations are not “astronomical,” the process of drawing up a protocol and payment can be quite exhausting. Often, foreigners and their receiving parties are forced to visit the migration service many times to deal with this matter. Therefore, we recommend contacting the Residence Law Firm; we will help you arrange documents for residence in Ukraine within the legal deadlines.
