Violation of migration legislation: Penalties tightened
More stringent responsibility, together with foreigners, will be borne by individuals and legal entities who assist them in illegally obtaining documents for the right of residence in Ukraine. The same applies to persons who help foreign citizens in evading leaving the country after the expiration of the period of stay.
The Law of Ukraine of 29.06.2023 №3196-IX “On Amendments to the Code of Ukraine on Administrative Offenses for Improving Migration Legislation” entered into force. Until that moment, the liability for violation of migration legislation in Ukraine was from 340 UAH.
New edition of Art. 203 KUPap provides for the separation of liability depending on the level of public damage of various types of offenses.
For exceeding the established period of stay in Ukraine by a foreigner by no more than 30 days, as well as non-compliance with the requirements established by law for transit passage through the territory of Ukraine or the requirements for declaration or registration of residence, a fine is provided for in the amount of 1700 to 3400 hryvnias. For exceeding the period of stay for more than 30 days, as well as residence in the territory of Ukraine without
documents for the right of stay, for invalid documents or documents whose validity has expired, you will have to pay a fine in the amount of 3400 to 5100 hryvnias. From now on, when bringing to administrative responsibility, the fact of re-committing such offenses during the year will be taken into account.
In this case, the penalties will reach UAH 6,800.
Articles 204 and 205 of the Code of Criminal Procedure in the new version establish increased penalties for illegal assistance by citizens of Ukraine, officials of Ukrainian organizations, representative offices of foreign and international enterprises, state authorities and local governments of foreigners evading departure from Ukraine after the expiration of the period of stay or illegally obtaining documents for the right of residence in Ukraine, as well as failure to fulfill the obligations of the host party in relation to foreigners who they are invited or accepted in Ukraine.
In addition, Article 185-15 of the KUPP establishes for the first time the responsibility for non-compliance with the legal requirements of officials of the Migration Service during the exercise of their powers to prevent and counteract illegal migration.
State Migration Service of Ukraine
