The legislation of Ukraine envisages the forced deportation (refoulement) of foreign citizens out of the country, if they have committed one of the following offenses:
- Staying in Ukraine without documents confirming the legality of stay;
- Staying in Ukraine after the expiration date of temporal residence permit;
- Staying in Ukraine if permanent residence permit became invalid;
- Staying in Ukraine without residence registration;
- Employment of a foreigner without a work permit;
- Violation of conditions and order of foreign resident employment;
- Violation of rules concerning movement and change of residence;
- Violation of transit crossing of Ukrainian territory;
- Violation of the rules of crossing the state border of Ukraine.
Some nuances concerning the detention and decision on deportation
Ukrainian legislation is far not ideal nowadays despite all amendments. There are some norms that international organizations consider to be the violation of human rights.
For example, suspects in administrative offences connected with illegal stay (illegal employment or breach of rules on movement within the territory of Ukraine) in Ukraine may be detained without a court decision.
Constitution of Ukraine declare that nobody can be detained for more than 72 hours without a motivated court decision. Such detention is allowed in order to prevent crime commission. However, in fact foreigners caught by the police may stay detained for much longer period. By the way, such persons do not have a right for immediate court hearing, thus they may wait for it very long.
The possibilities to appeal the court decision on deportation
Of course, Ukraine like any law-abiding state gives a right to appeal against the decision on deportation. However, in practice it is very difficult (almost impossible) to execute this right.
Under current legislation, a person has a right to appeal against court decision during 10 or 5 days since the moment such decision was made (the term depends of the type of decision). It is a matter of fact, these couple of days are absolutely not enough for a foreigner who does not know Ukrainian language, laws and legal terminology.
Consult with lawyers
Taking into account all the shortcomings of Ukrainian legislation try to found a qualified lawyer who could make you safe from any problems with the law. It is not a recommendation – it is a rule. Lawyers of “Bachynskyy, Kolomiets and partners” know current legislation and peculiarities of Ukrainian judicial system. We will do everything to make you safe.
