Regulatory framework
The regulatory framework regulating the administrative responsibility of foreigners and stateless persons in Ukraine includes the Constitution of Ukraine, the Code of Ukraine on Administrative Offenses, the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons” and the Law of Ukraine “On Refugees and Persons in Need of Additional or temporary protection”.
Legal status of foreigners and stateless persons staying on the territory of Ukraine
Foreigners and stateless persons staying on the territory of Ukraine have the right to state protection of their rights and freedoms, and are also obliged to comply with the laws of Ukraine. They are subject to administrative liability for offenses committed on the territory of Ukraine.
Administrative offenses, the subjects of which may be foreigners and stateless persons in Ukraine
Foreigners and stateless persons may be subject to administrative liability in Ukraine for such offenses as:
- Violation of customs rules or customs procedures;
- Violation of the rules of stay in Ukraine;
- Violation of the rules of work and residence in Ukraine without the necessary documents;
- Illegal importation, transportation, production or storage of narcotic drugs, psychotropic substances and their analogues, as well as weapons, ammunition, explosive materials and pyrotechnic articles;
- Illegal travel abroad or providing documents that contain false information about a foreigner or stateless person;
- Other offenses provided for by the Code of Ukraine on Administrative Offenses and other laws of Ukraine.
Grounds that exclude administrative responsibility of foreigners and stateless persons staying on the territory of Ukraine
Foreigners and stateless persons may be exempted from administrative liability in Ukraine if their actions were motivated by self-defense, the need to protect other people or property, or if they performed their duties in accordance with the laws of Ukraine.
Forced return and forced deportation
If a foreigner or a stateless person violates the terms of Ukrainian legislation and the rules of stay on the territory of Ukraine, the relevant authorities have the right to apply measures of forced return or forced expulsion from the country.
Forced return is the use of a legal mechanism to return a foreigner or a stateless person to their country of origin or to the country through which they passed to Ukraine. This measure can be applied in case of non-compliance of the stay of a foreigner or stateless person on the territory of Ukraine with the requirements of Ukrainian legislation.
Forced deportation is a procedure for issuing an order to leave the country of a foreigner or a stateless person, which was applied in the event of their committing a crime. Such a measure can be taken in case of committing serious or particularly serious crimes, violation of the rules of stay in Ukraine, as well as in cases where a foreigner or a stateless person poses a threat to the national security of Ukraine.
Term of forced return of foreigners and stateless persons
The period of forced return of a foreigner or a person without a city
citizenship can be from 15 to 45 days from the moment of the adoption of the relevant decision by the relevant authorities. This period can be extended in case of impossibility of returning a foreigner or a stateless person within the specified period due to circumstances beyond the control of the controlling authorities.
Legal, economic, cultural features
When applying measures of forced return or forced deportation to foreigners and stateless persons, the legal, economic and cultural features of the country from which they are located are taken into account.
In particular, when returning foreigners and stateless persons, the fact that they may come under criminal pressure or persecution in their country of origin, which may violate their rights and freedoms, is taken into account. Therefore, before making a decision on forced return, state authorities are obliged to conduct the necessary checks regarding the likelihood of violation of the rights and freedoms of foreigners and stateless persons in their country of origin.
The legal peculiarities also include taking into account the presence of international treaties to which Ukraine has joined and which concern the rights of foreigners and stateless persons.
Economic features include an analysis of the economic situation of the country from which the foreigner or stateless person resides, and the possibility of ensuring their return or deportation, which includes the issue of transportation costs and other administrative costs.
Cultural features include taking into account the religious and cultural traditions of foreigners and stateless persons, as well as creating appropriate conditions to ensure respect for their rights and freedoms.
Funny court cases, an example from the life of clients
Example 1: Once we were approached by a client, a foreigner, who violated traffic rules by exceeding the speed of his car. However, he did not understand why he was stopped, because in his country it is allowed to drive faster than in Ukraine. We explained to him that traffic rules in each country may differ, and that Ukraine has certain speed limits. The client laughed, realized the mistake and paid the fine.
Example 2: Another client came to us after being detained at the border because of an invalid passport. It turned out that the passport was issued to him more than 10 years ago, but he thought it was still valid. We explained to the client that the passport has already expired and that it must be replaced with a new one. We helped the client with replacing his passport and solving other administrative issues related to his stay in Ukraine.
Example 3: Sometimes situations arise when a foreigner or stateless person breaks the rules without knowing it. For example, one of our clients became a victim of fraud when he was sold a fake document that he used to enter Ukraine. The client did not know about this and received a fine for using a forged document. We helped the client understand what happened and work with the appropriate authorities to resolve the situation.
Example 4: Another client of ours was a foreigner who accidentally left his passport at the hotel where he was staying. When he reached out to us for help, we advised him on what to do next and contacted the hotel to hold his passport until he returned.
These examples demonstrate that the administrative liability of foreigners and stateless persons in Ukraine can arise for various reasons and that sometimes there may be cases where they break the rules without knowing it. In such situations, it is important to have knowledge of Ukrainian legislation and experience working with foreigners and stateless persons in order to provide them with appropriate support and assistance.
During the war in Ukraine: Administrative responsibility of foreigners and stateless persons
During the war in Ukraine, foreigners and stateless persons may face various difficult situations. For example, they may come under fire, witness fighting or persecution. There may also be administrative offenses related to compliance with the rules of conduct in the combat zone, which may be the subject of administrative liability.
In such cases, it is important to have knowledge of Ukrainian legislation and experience working with foreigners and stateless persons in order to provide them with appropriate support and assistance.
Conclusion
In this article, we considered the administrative responsibility of foreigners and stateless persons in Ukraine. We considered the regulatory framework, the legal status of foreigners and stateless persons, administrative offenses, forced return and forced deportation, and other important issues.
If you need advice on administrative law, then make an appointment with Despacho Internacional “Intereses legítimos” in advance. Our company provides consultation and legal support services on issues of administrative law, including administrative liability of foreigners and stateless persons in Ukraine.
We offer our clients a convenient format of remote service provision to save their time and keep their personal data confidential. Our lawyers have extensive experience in working with foreigners and stateless persons, so they can provide qualified assistance in matters of administrative responsibility.
By making an appointment with Despacho Internacional “Intereses legítimos”, you can get professional advice on any issue related to administrative law, including the issue of administrative liability of foreigners and stateless persons in Ukraine. We will be happy to provide you with all the help and support you need to ensure that your rights and freedoms are respected.
