Responsibility for violation of term of stay in Ukraine

If foreigner or a stateless person, who came to Ukraine with a temporary purpose (business, education, tourism, else), violated  the term of stay in Ukraine which is specified by Ukrainian laws, will be held administratively liable for that violation, that is specified by Article 203 of Codex of Ukraine on Administrative Violations (penalty in the form of a fine).

According to provisions of Articles 26 and 30 of Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons” (hereinafter Law) foreigners who are law-violators can be:

forcibly returned or forcibly expelled from the territory of Ukraine to the country of origin or the third country.

  • forcible return (Art.26 of Law) is used for foreigners if their actions violate laws on the legal status of foreigners and stateless persons or contratict interests of national security protection or protection of public order, or if such actions are necessary for protection of health, rights and legal interests of Ukrainian citizens.

In these cases, the decision on forced return may be accompanied by a prohibition of entry to Ukraine for a term of 3 years.

  • forcible expelling (Art.30 of Law) is used on the basis of a court decision in cases of non-fulfillment of a forcible return decision in a specified period of time without reasonable excuse or if there are reasonable grounds to believe that a foreigner or stateless person will try to avoid carrying out such a decision.

Forcible expelling of foreigners is necessarily accompanied by a prohibition of entry to Ukraine for a term of 5 years.