Fines for violation of migration laws in Ukraine
The Verkhovna Rada of Ukraine made changes to the articles of the Code of Ukraine on administrative offenses related to the punishment of foreigners, stateless persons and their host parties.
For some offenses, administrative responsibility is canceled, for others, on the contrary, you will have to pay a fine that is sometimes twice as large.
Below, we will analyze in more detail what foreigners, stateless persons and their host parties should pay attention to.
The aforementioned changes to the Code entered into force on August 20, 2023.
1. Responsibility for failure to comply with legal requirements of officials of the Migration Service
A fine of 850 hryvnias to 1,700 hryvnias will be imposed on citizens and from 1,700 hryvnias to 2,550 hryvnias on officials for such an offense.
For the same act, committed repeatedly within a year after the imposition of an administrative fine, from 1,700 hryvnias to 2,550 hryvnias for citizens and from 2,550 hryvnias to 3,400 hryvnias for officials.
2. Liability for repeated violations of the border regime
A repeated offense will entail the imposition of a fine on citizens from 1,700 hryvnias to 3,400 hryvnias and on officials from 2,550 hryvnias to 5,100 hryvnias.
3. Gradation of sanctions for violations of the legislation on the legal status of foreigners and stateless persons
If a foreigner or a stateless person exceeds the established period of stay in Ukraine by no more than 30 days, as well as failure to comply with the requirements established by law for transit through the territory of Ukraine or the requirements for declaring or registering the place of residence (stay), a fine of 1,700 will be imposed hryvnias to 3400 hryvnias.
Thus, the fine for late registration of a foreign citizen and the fine for exceeding 90 days will range from 1,700 to 3,400 UAH.
Such a fine will be imposed directly on the foreign citizen.
Exceeding the established period of stay in Ukraine by a foreigner or stateless person by more than 30 days, as well as staying in the territory of Ukraine without documents for the right of residence (residence) in Ukraine, using invalid documents or documents whose validity period has expired, will be punished with a fine from 3,400 hryvnias to 5,100 hryvnias.
Accordingly, the migration service will impose a fine on the migrant for an expired residence permit in Ukraine (i.e. for late exchange of a residence permit) in the amount of 3,400 UAH to 5,100 UAH.
Also, a fine in this amount will be imposed on those foreign citizens who exceeded the period of 90 days by 31 or more days and on those foreigners who are in Ukraine with an invalid passport.
The same actions committed by a person repeatedly during the year will entail the imposition of a fine from 5,100 hryvnias to 6,800 hryvnias.
Previously, a fine of up to 5,100 hryvnias was imposed for any such offense. There was no progressive scale depending on the terms of the excess, demarcation by social damage from the act or repetition of the offense.
It is important that finally the unjustified fines for the loss and theft of residence documents of foreigners and stateless persons have been abolished.
A note was added to Article 203 of the Code that the effect of this article does not apply to minors and to cases of residence (stay) in the territory of Ukraine without documents for the right of residence (stay) in Ukraine in connection with their loss or abduction in the event that a foreigner or a stateless person notified the Migration Service in writing.
You must notify the State Migration Service within 3 working days.
4. Increased responsibility for non-fulfillment of obligations of the host party
The host party is citizens of Ukraine, foreigners and stateless persons who permanently or temporarily reside in Ukraine, officials of Ukrainian enterprises, institutions and organizations, representative offices (branches) of foreign and international enterprises, institutions, organizations, state authorities, local self-government bodies, who have invited to Ukraine or are accepting foreigners and stateless persons in Ukraine.
Due to deliberate failure by the host party to take measures for the timely submission by foreigners or stateless persons of applications for processing documents for the right of residence (residence) in Ukraine or failure to notify within the legally established period of termination of grounds for temporary residence or temporary stay in Ukraine of foreigners and stateless persons, invited to Ukraine or receives in Ukraine, the host party, — a citizen, will pay a fine from 850 hryvnias to 1,700 hryvnias, an official – from 1,700 hryvnias to 3,400 hryvnias.
Those who invited foreigners to Ukraine are responsible for violations of Ukrainian legislation by these foreigners.
For untimely processing of residence documents for a foreigner and for not notifying the end of the reasons for the foreigner's residence in Ukraine, the receiving party will pay an administrative fine from UAH 1,700 to UAH 3,400.
For the same offense committed repeatedly within a year, the receiving party, the citizen, will pay a fine from 1,700 hryvnias to 2,550 hryvnias, the official from 3,400 hryvnias to 5,100 hryvnias.
