Since the beginning of 2024, the State Border Guard Service of Ukraine has started actively applying restrictive measures towards citizens attempting to cross the border. Structural units have begun issuing refusals to cross the border even to those who have valid reasons for departure, almost without explanation.
Refusals to cross the state border often cite insufficient documents or lack of grounds for departure in conditions of martial law. Such an approach not only lacks proper justification but also violates fundamental human rights, breaching the principles of the rule of law.
In case of refusal to leave the country for permanent residence abroad, a Ukrainian citizen has the right to appeal this decision in court. To do this, they need to file a lawsuit specifying all the grounds for challenging the decision of the State Border Guard Service of Ukraine.
The court considers the case within simplified proceedings. If the lawsuit is successful, the court cancels the decision of the border authorities and obliges them to issue a permit for the Ukrainian citizen to leave the country for permanent residence abroad.
Additionally, an individual can appeal directly to the State Border Guard Service requesting a review of the decision to refuse departure. The request is sent to the border service authority that made the decision and must be considered no later than 10 days from the date of its receipt.
The border guard service considers the request within 5 days of its receipt. If the request is granted, the State Border Guard Service issues a permit to the Ukrainian citizen to leave the country for permanent residence abroad.
Physical accompaniment by a lawyer when emigrating for permanent residence abroad is not mandatory according to standard procedures. However, considering the complexity and potential duration of the border crossing process, as well as the existing risk of refusal to depart, lawyer accompaniment can be highly beneficial.
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A lawyer can provide significant assistance to Ukrainian citizens in gathering necessary documents and preparing for interviews with DPSU officials. They can also defend the client’s rights in case of refusal to depart, providing necessary legal support and consultations.
The Lawyers and Realtors Association of Ukraine “AROU” will assist you in resolving issues regarding unlawful refusal to cross the state border. You can trust us, as our company has been successfully dealing with migration issues for many years.
