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Prohibition of entry and refusal of entry to foreigners

02.12.2021

When speaking about entering Ukraine, foreigners and stateless persons (hereinafter referred to as foreigners) should take into account that they do not always have the opportunity to cross the border. The reasons for this may be the refusal to enter the country and the ban on entry. What this means, we will figure it out further in the article.

Refusal of entry
Refusal of entry is possible directly at the border control at the checkpoint across the state border of Ukraine. The procedure for refusing to cross the state border by foreigners is regulated by Article 14 of the Law of Ukraine "On Border Control". Thus, this article provides that refusal of entry is possible if foreigners do not meet one or more of the conditions for crossing the border. The conditions for crossing the border in accordance with this law are:

the foreigner has a valid passport document;
the absence of a decision of the SBU, the State Border Service of Ukraine, the State Border Service of Ukraine on the prohibition of entry into Ukraine for a foreigner;
a foreigner has an entry visa, unless otherwise provided by the legislation of Ukraine;
confirmation of the purpose of the planned stay;
whether the foreigner has sufficient financial support for the period of the planned stay and for returning to the country of origin or transit to a third state, or the ability to obtain sufficient financial support in a legal way on the territory of Ukraine. This applies to citizens of states included in the list of states approved by the Cabinet of Ministers of Ukraine, and stateless persons who permanently reside in a state included in this list.
What is the procedure?
So, a foreigner who does not meet one or several conditions for crossing the state border to enter Ukraine is refused to cross the state border only by a reasoned decision of an authorized official of the state border guard unit, indicating the reasons for the refusal. The authorized official reports to the head of the state border guard body on the decision. Such a decision takes effect immediately.

The decision to refuse to cross the state border is made in two copies. One copy of the decision is issued to a foreigner, who confirms with his signature on each copy the fact of receipt of such a decision. If the foreigner refuses to sign the decision, an act is drawn up about this.

There is an approved form of a decision to refuse to cross the state border (can be viewed in the additions to the article).

If a foreigner is denied to cross the state border to enter Ukraine, an authorized official may also decide to cancel the visa in his passport document, but subject to one of the following grounds:

decisions of the SBU, the State Border Service of Ukraine, the State Border Service of Ukraine on the prohibition of entry into Ukraine;
reasonable grounds to consider the visa received in an illegal way.
At the same time, the failure of a foreigner to provide one or more supporting documents regarding the purpose and conditions of stay in Ukraine when entering Ukraine does not constitute grounds for canceling a visa.

Cancellation of a visa is carried out by affixing a stamp on it by an authorized official. The cancellation of a visa is indicated in the decision to refuse to cross the state border.

If a foreigner who is denied permission to cross the state border when entering Ukraine was brought to a checkpoint across the state border by a carrier, an authorized official of the state border guard unit:

instructs the carrier to take the foreigner out to the state from which he was brought, or to the state that issued the passport document, or find another way to take the person out of the territory of Ukraine;
before the export of a foreigner who was denied permission to cross the state border when entering Ukraine, takes measures to prevent him from illegally crossing the state border.
Appealing a decision to refuse entry
A foreigner who is denied permission to cross the state border has the right to appeal against the relevant decision in accordance with the Law of Ukraine "On Citizens' Appeals" or to a court.

In the order of citizens' appeals, a foreigner can file a complaint against a decision to refuse to cross to a higher authority or official. This does not deprive the foreigner of the right to apply directly to the court. A foreigner can lodge a complaint in person or through another person authorized to do so. A complaint in the interests of minors and incapacitated persons is filed by their legal representatives.

At the same time, it should be noted that the appeal of this decision does not suspend its validity. The appealed decision may be canceled or changed by the head of the state border guard body or canceled and declared invalid by the court.

Ban on the entry of foreigners into Ukraine
Also in the migration legislation there is the concept of a ban on the entry of foreigners into Ukraine.

Speaking about the differences between refusal of entry and ban on entry, it should be noted that:

The decision to refuse entry is made

directly under border control by an official of the border service, and the decision to prohibit entry can be made by the SBU, the State Border Service, the State Border Service during their stay on the territory of Ukraine, before a foreigner arrives in Ukraine, and at border control when leaving Ukraine ;
A ban on entry is one of the grounds for refusing entry.
In case of a ban on entry, a mark "Prohibited from entering Ukraine for a period of …" is put in the foreigner's passport document; if entry is denied, the foreigner receives a decision on such a refusal.
The grounds for prohibiting the entry of foreigners and stateless persons into Ukraine are established in Art. 13 of the Law of Ukraine "On the legal status of foreigners and stateless persons". The decision to ban the entry of foreigners is taken:

in the interests of ensuring the 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 living in Ukraine;
if, when applying to enter Ukraine, a foreigner has submitted deliberately false information or fake documents about himself;
if the passport document of a foreigner, visa is forged, damaged or does not correspond to the established model or belongs to another person;
if a foreigner has violated the rules of crossing the state border of Ukraine, customs rules, sanitary norms or rules at the checkpoint at the state border of Ukraine, or has not complied with the legal requirements of officials and officials of the state border guard authorities, revenue and tax authorities and other bodies exercising control at the state border ;
if during the previous stay on the territory of Ukraine the foreigner did not comply with the decision of the court or state authorities authorized to impose administrative penalties, or has other unfulfilled property obligations to the state, individuals or legal entities, including those related to the previous expulsion, including after the expiration of the prohibition period further entry into Ukraine;
if a foreigner tries to enter through the checkpoints of entry - exit to the temporarily occupied territory without a special permit, or during a previous stay on the territory of Ukraine he left it through the checkpoint of entry - exit.
In detail, the procedure for making a decision to ban entry into Ukraine is regulated by by-laws, which are:

Instruction on the procedure for the adoption by the Security Service of Ukraine of decisions on the prohibition of entry into Ukraine for foreigners and stateless persons, approved by Order of the SBU dated 01.06.2009 No. 344;
Instruction on the procedure for the adoption by the State Migration Service of Ukraine and its territorial bodies of decisions on the prohibition of entry into Ukraine for foreigners and stateless persons, approved by the Order of the Ministry of Internal Affairs dated December 17, 2013 No. 1235;
Instruction on the procedure for the adoption by the state border guard authorities of the State Border Service of Ukraine of decisions on the prohibition of entry into Ukraine for foreigners and stateless persons, approved by the Order of the Administration of the State Border Service of Ukraine dated 05.12.2011 No. 946.
The procedure for the adoption by the Security Service of Ukraine of decisions on the prohibition of entry into Ukraine for foreigners
The decision to prohibit entry to a foreigner is made in the interests of ensuring the security of Ukraine if there is enough information received in accordance with the procedure established by law about the fact that a foreigner has committed a socially dangerous act, regardless of the territory of its commission, which is contrary to the interests of ensuring the security of Ukraine, warning, revealing, suppression and disclosure of which is within the competence of the Security Service of Ukraine.

If there are grounds for making such a decision by the functional unit of the Central Administration, the regional body prepares a certificate. The certificate must contain information about the foreigner, as well as:

circumstances that are the basis for a decision to prohibit entry with an indication of the facts of a crime committed by a foreigner and a reference to an article of the Criminal Code of Ukraine);
what exactly are the interests of ensuring the security of Ukraine - the protection of state sovereignty, constitutional order, territorial integrity, economic, scientific, technical and defense potential of Ukraine, the legitimate interests of the state and the rights of citizens, ensuring the protection of state secrets; the proposed period of banning a person from entering Ukraine, which can be from six months to five years;
information that justifies the selection of the term for prohibiting a foreigner from entering Ukraine, in particular: the circumstances and nature of the crime committed by the foreigner; the results of identity checks on information systems and operational records of the SBU, the Ministry of Internal Affairs of Ukraine and the data bank of the National Central Bureau of Interpol in Ukraine; the presence of family ties in Ukraine (wife or husband, children, parents, persons under her guardianship or guardianship) the presence of property obligations to legal

and individuals in Ukraine.
On the basis of the information contained in the certificate, in the functional division of the Central Administration, the regional authority is preparing a decree prohibiting entry into Ukraine.

This resolution is drawn up in two copies. The period of banning a person from entering Ukraine is calculated from the date of approval of the resolution. The first copy approved by the decree and the certificate are kept in the subdivision of the body that issued the decree, and the second copy of the decree, certified by the official seal, is sent to the Counterintelligence Department of the SBU. This decree is sent to the State Border Guard Service of Ukraine.

The procedure for making decisions by the State Migration Service to ban foreigners from entering Ukraine
The decision to ban persons from entering Ukraine is made by the SMS and its territorial bodies:

in the interests of ensuring the 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 living in Ukraine;
if during the previous stay on the territory of Ukraine the foreigner did not comply with the decision of the court or state authorities authorized to impose administrative penalties, or has other unfulfilled property obligations to the state, individuals or legal entities, including those related to the previous expulsion, including after the expiration of the prohibition period further entry into Ukraine.
The decision to ban a person from entering Ukraine is made on the basis of a justified appeal (certificate, report) of the following initiators:

subdivisions of the Interpol Ukrburo Office - in case of establishing grounds for prohibiting foreigners from entering Ukraine in the process of cooperation with law enforcement agencies of other states and international law enforcement organizations;
subdivisions of the criminal police - in the case of establishing the grounds for prohibiting foreigners from entering Ukraine in the course of operational-search activities;
pre-trial investigation bodies of the police - in case of establishing the grounds for prohibiting foreigners from entering Ukraine in the course of criminal proceedings;
patrol police units - in case of establishing grounds for prohibiting foreigners from entering Ukraine during proceedings on cases of administrative offenses, preparation or implementation of measures to ensure public order;
health authorities - in the case of establishing grounds for prohibiting entry into Ukraine if it is necessary to protect health, protect the rights and legitimate interests of citizens of Ukraine and other persons living in Ukraine;
on his own initiative or at the request of a state, private contractor - if during a previous stay in Ukraine the foreigner did not comply with the decision of the court or state authorities authorized to impose administrative penalties, or has other unfulfilled property obligations to the state, individuals or legal entities, including those related to previous expulsion, including after the expiration of the prohibition on further entry into Ukraine.
The LCA or its territorial body, which prepared a decision to ban a person from entering Ukraine, within three days sends a certified copy of such a decision together with an order to ban a foreigner from entering Ukraine to the State Border Service of Ukraine. The period of banning a person from entering Ukraine is calculated from the date of approval of the decision to ban a person from entering Ukraine.

The procedure for the adoption by the bodies of the State Border Service of Ukraine of decisions on the prohibition of entry into Ukraine for foreigners
The decision to ban a foreigner from entering Ukraine is taken by the state border guard authority in the event of:

if, when applying to enter Ukraine, a foreigner has submitted deliberately false information or fake documents about himself;
if the passport document of a foreigner, visa is forged, spoiled or does not correspond to the established model or belongs to another person;
if the foreigner violated the rules for crossing the state border of Ukraine at the checkpoint at the state border of Ukraine or did not fulfill the legal requirements of officials and officials of the state border guard body;
if the foreigner was detained while illegally crossing the state border of Ukraine outside the checkpoints;
if during a previous stay on the territory of Ukraine, a foreigner or stateless person did not comply with the decision of the court or state authorities authorized to impose administrative penalties, or have other unfulfilled property obligations to the state, individuals or legal entities, including those related to the previous expulsion, including after the expiration of the prohibition on further entry into Ukraine;
if the foreigner was detained within the controlled border area while trying or after illegally crossing the state border of Ukraine;
if a foreigner tries to enter through checkpoints of entry - exit to a temporary occupation

an established territory without special permission, or such a person, during a previous stay on the territory of Ukraine, left it through the checkpoint of entry - exit.
The decision to ban a foreigner from entering Ukraine may be taken by the state border guard authority:

in relation to foreigners for whom decisions have been made on their forced return;
at the request of the state executor in case of non-fulfillment by the foreigner of the decision to impose fines for offenses, the consideration of cases in which falls within the competence of the State Border Service of Ukraine.
The decision to ban a foreigner from entering Ukraine by the state border guard authority is made for a period of 3 years.

If an official of the State Border Service of Ukraine detects a foreigner at the checkpoint who is prohibited from entering Ukraine by the authorized body, but whose passport document does not contain the mark "It is forbidden to enter Ukraine for a period of …" A mark indicating the period specified in the database of persons who are prohibited from entering Ukraine.

Appealing against decisions to ban

A foreigner has the right to appeal against the decision to ban entry in an administrative manner, that is, by challenging the decision to a higher authority, or in court. But the appeal against the decision does not stop its action.

Supplement to the article

APPROVED BY

Order of the Administrative Department

Sovereign prikordonnoy

service of Ukraine

12/14/2010 N 967

(Maliy State Emblem of Ukraine)

Approx. N _____

RISHENNYA

about Vidmova in the re-entitlement of the sovereign cordon of Ukraine

іnzemtsyu, for individuals without a community

"" _ 20__ ________________

(name the checkpoint through

sovereign cordon

____________________________

Ukraine about the control point)

Here is a part of the first article 14 of the Law of Ukraine "On border control" by me, _____________________________________________________________

(posada, naymenuvannya pіdrozdіlu

protect the sovereign cordon,


the guarding authority of the sovereign cordon,

excuse, іm'ya, according to Batkovі)


_____________________________________________________________, yak

trusting the special service to guard the sovereign

cordon:

1. ACCEPTED A SOLUTION ABOUT VIDMOVU FROM PERETINANNIA DERZHAVNY

CORDONA ON __________________________________________________

(to go to Ukraine or to go to Ukraine)

to the big man (ci) _________________________________________________

(immenseness for a person without immenseness)

alias _______________________________________________________

(in Latin letters,

(as it is indicated in the passport document)

im'ya ____________________________________________________________

(in Latin letters, as indicated in the passport document)

date, month, rik narodzhennya ____________________________________,

passport document: series , N __________________________________

on the submission of part of the first statute 8 to the Law of Ukraine "On

near-cordon control ", for the reason that ___________________


(nickname by Latin letters,

(as it is indicated in the passport document)


(a valid passport document;

a new decision of the most important state body of Ukraine


about the fence to (visit) to (s) Ukraine (s);

відсутня в'їзна віза; can't confirm me


the planned transfer to the territory of Ukraine;

not enough financial security for the period

planned relocation і for reversal


to a power of similarity or transit to a third power

for the obviousness in the new ability to correct sufficient financial


secured in a legal manner on the territory

Ukraine - for the giant of the state, included before the transition of powers,

an established territory without special permission, or such a person, during a previous stay on the territory of Ukraine, left it through the checkpoint of entry - exit.
The decision to ban a foreigner from entering Ukraine may be taken by the state border guard authority:

in relation to foreigners for whom decisions have been made on their forced return;
at the request of the state executor in case of non-fulfillment by the foreigner of the decision to impose fines for offenses, the consideration of cases in which falls within the competence of the State Border Service of Ukraine.
The decision to ban a foreigner from entering Ukraine by the state border guard authority is made for a period of 3 years.

If an official of the State Border Service of Ukraine detects a foreigner at the checkpoint who is prohibited from entering Ukraine by the authorized body, but whose passport document does not contain the mark "It is forbidden to enter Ukraine for a period of …" A mark indicating the period specified in the database of persons who are prohibited from entering Ukraine.

Appealing against decisions to ban

A foreigner has the right to appeal against the decision to ban entry in an administrative manner, that is, by challenging the decision to a higher authority, or in court. But the appeal against the decision does not stop its action.

Supplement to the article

APPROVED BY

Order of the Administrative Department

Sovereign prikordonnoy

service of Ukraine

12/14/2010 N 967

(Maliy State Emblem of Ukraine)

Approx. N _____

RISHENNYA

about Vidmova in the re-entitlement of the sovereign cordon of Ukraine

іnzemtsyu, for individuals without a community

"" _ 20__ ________________

(name the checkpoint through

sovereign cordon

____________________________

Ukraine about the control point)

Here is a part of the first article 14 of the Law of Ukraine "On border control" by me, _____________________________________________________________

(posada, naymenuvannya pіdrozdіlu

protect the sovereign cordon,

the guarding authority of the sovereign cordon,

excuse, іm'ya, according to Batkovі)


_____________________________________________________________, yak

trusting the special service to guard the sovereign

cordon:

1. ACCEPTED A SOLUTION ABOUT VIDMOVU FROM PERETINANNIA DERZHAVNY

CORDONA ON __________________________________________________

(to go to Ukraine or to go to Ukraine)

to the big man (ci) _________________________________________________

(immenseness for a person without immenseness)

alias _______________________________________________________

(in Latin letters,

(as it is indicated in the passport document)

im'ya ____________________________________________________________

(in Latin letters, as indicated in the passport document)

date, month, rik narodzhennya ____________________________________,

passport document: series , N __________________________________

on the submission of part of the first statute 8 to the Law of Ukraine "On

near-cordon control ", for the reason that ___________________


(nickname by Latin letters,

(as it is indicated in the passport document)


(a valid passport document;

a new decision of the most important state body of Ukraine


about the fence to (visit) to (s) Ukraine (s);

відсутня в'їзна віза; can't confirm me


the planned transfer to the territory of Ukraine;

not enough financial security for the period

planned relocation і for reversal


to a power of similarity or transit to a third power

for the obviousness in the new ability to correct sufficient financial


secured in a legal manner on the territory

Ukraine - for the giant of the state, included before the transition of powers,


established by the Resolution of the Cabinet of Ministries of Ukraine

від 29.12.95 N 1074 "About the Rules for


without a community to Ukraine, іх visit from Ukraine and transit

passing through the territory ", that individuals without a community,


I have permanently resided with the state, included before such a change)

2. The decision of typing is not simple.

3. Keruyuchis part of the fourth article 14 of the Law of Ukraine "On

prikordonny control ", _______________ ABOUT CORDON

(accepted decision

for the solution is not accepted)

VIZI UKRANI seria , N , seen __________________________________

(name of diplomatic

representation, consular

set Ukraine behind the cordon)

, by way of affixing a postmark for passing visi N ___

4. About the decision taken to the head _________________________________

(named to the guarding authority of the sovereign cordon)

5. It is familiar to the article 4 of the Law of Ukraine "On the massacre

giants ", the third part of article 14 of the Law of Ukraine" About

near-cordon control "a person who was introduced to

the sovereign cordon, I have the right to register the price of the decision for the proper

to the chief ___________________________________________________,

(named to the guarding authority of the sovereign cordon)

it is _______________________________________, or before the court.

(misto, street, budynok, index)

solution may have been skewed or changed by the chief _______________

(named to the guarding authority of the sovereign cordon)

for it was chastened and pronounced by the innocent court.

6. The decision was drawn up by two principals, the skin of them has the same legal force.

7. The decision is bare in the presence of the shift _________ movi

(immenseness, apology, im'ya, seria,

N of the passport document, transfer signature)

(vіyskove zvannya) (signature) (apology, im'ya, according to the father of the individual,

Another example of this solution is _ _____

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