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The National Police cannot initiate a ban on the entry of foreigners to Ukraine without the sufficient lawful grounds

  Company News

Recently, JSC Bakhmach & Partners has successfully defended the interests of a client who was unjustifiably deprived from their right to enter Ukraine by the Main Directorate of the National Police in Kyiv and the Central Interregional Department of the State Migration Service in Kyiv.

On October 5, 2020, the Sixth Administrative Court of Appeal ruled in a dispute with the LCA and the National Police, declaring illegal the ban of a foreigner from entering Ukraine made on the basis of a motion by the National Police as well as revoking the motion.

The court confirmed the fact that the agents of the National Police of Ukraine did not have the right to initiate a ban on entry of foreigners into the territory of Ukraine on the basis of the existing grounds specified by law. The court found that suspicions and assumptions alone do not act as substantial grounds for such a decision to be made.

In particular, criminal police units may initiate a ban on entry only in case of documented violations of the law by a foreigner in accordance with the requirements of the Law of Ukraine "On operational and investigative activities". At the same time, such facts have to be proved in an appropriate procedural manner.

Therefore, the request of the National Police of Ukraine to ban the entry of a foreigner to the territory of Ukraine, was not based on legal grounds, thus, was not mandatory and did not have substantial basis for the State Migration Service of Ukraine to ban the entry to the territory of Ukraine.

We are pleased to announce such a fortunate turn of event of this case and the fact that justice was brought for the client's rights.

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© Бахмач та партнери, 2018