6 December 2018

Drozdova & Partners Law Firm assisted foreigner with recovering his right to enter Ukraine

Due to his flight from Moscow to Simferopol, an Italian citizen was banned from entering Ukraine for three years. Drozdova & Partners Law Firm actually succeeded in lifting the penalty.

‘Based on a complaint against the State Border Guard Service of Ukraine as prepared in the best interests of the client, the entry ban period was reduced to the date of an expected reply to the complaint,’ law firm director Olena Drozdova comments. ‘In fact, the Italian citizen who should have served his ‘sentence’ for two years to come was given a kind of ‘pardon.’

In 2017, the Italian citizen carelessly reported to Ukrainian government authorities at the Boryspil airport checkpoint that he visited the Autonomous Republic of Crimea in 2017 and arrived there in a flight from Moscow to Simferopol. The State Border Guard Service concluded that the foreigner committed an offence provided by Article 10(2) of the Ukrainian Act guaranteeing citizens’ rights and freedoms and prescribing a legal regime for the temporarily occupied territories of Ukraine and breached the Procedure for entering the temporarily occupied territories of Ukraine as approved by Resolution No. 367 of the Cabinet of Ministers of Ukraine, dated 4 June 2015.

In accordance with Article 13 of the Ukrainian Act on the Legal Status of Foreigners and Stateless Persons and Article 7(4)(b) of the Ukrainian Act on the Creation of the Crimean Free Trade Zone and Aspects of Doing Business in the Temporarily Occupied Territories of Ukraine, the Italian national was banned from entering Ukraine.

However, the ban period was reduced to the date of reply to the complaint following the hearing of the complaint filed one year after the entry ban was issued.

Advocates Oleksandr Drozdov and Taras Hereliuk developed the legal position in the proceedings.