Changes in migration legislation in 2023

The President of Ukraine signed the Law No. 4411 adopted by the Verkhovna Rada “On Amendments to the Code of Ukraine on Administrative Offenses Regarding the Improvement of Legislation in the Field of Migration”, which will become a significant lever of influence on irregular migrants and will contribute to the prevention and counteraction of illegal migration in Ukraine.

Migration lawyers, after a detailed analysis of the new law, are ready to share all their know-how with you.

What changes await foreigners and all the intricacies of the adopted law: read below:

Let’s start with the fact that in the new edition, administrative responsibility was established for malicious disobedience to a legal order or demand of an official of the State Migration Service of Ukraine during the performance of official duties. In the previous version of the law, such a norm was absent.

An increase in liability was carried out, namely an increase in the amount of the fine, for violations, including foreigners and persons without citizenship, border regime, regime at checkpoints across the state border of Ukraine or regime rules at entry-exit checkpoints.

Also, the changes will make it possible to take into account the fact of repeated commission of an administrative offense during the year, the responsibility for which is provided for by the specified article of the Code of Administrative Offenses.

The new edition provides for the establishment of responsibility for late notification or non-notification of the authorities of the State Migration Service on the termination of grounds for the stay or temporary residence of foreigners and stateless persons on the territory of Ukraine, as well as responsibility for committing actions that facilitate foreigners and stateless persons in evading departure from Ukraine after the expiration of the period of stay or temporary residence or in illegally obtaining documents for the right of stay or residence in Ukraine.

The next innovation is the establishment of liability for the host party’s violation of its obligations in relation to foreigners and stateless persons (SSPs) whom they have invited to Ukraine or host in Ukraine.

Also, in the new version of the law, the norms regarding the exercise by the officials of the DMS, the DPS of their powers to counteract violations of the legislation on the legal status of foreigners and OBG and the implementation of administrative detention were improved.

If you have questions in the field of migration law, the experts of the “Bachynskyy and Partners” attorneys at law will be happy to provide you with quality legal assistance.

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