How do you file an administrative complaint against a DMS decision in Ukraine?

What an administrative complaint is

An administrative complaint lets you challenge a decision of a public authority without going to court, inside the system of authorities itself. The general procedure is set by the Law "On Administrative Procedure" No. 2073-IX, in force since the end of 2023. It also applies to migration decisions unless a special law provides otherwise. For the wider picture of appeals in migration cases, see the guide to challenging DMS decisions.

Article 78 of the law gives the right to complain to anyone who believes that a decision, procedural act or inaction of an authority has infringed, or may infringe, their rights. In the complaint you can ask for the decision to be cancelled, for an act to be declared unlawful or for the authority to be ordered to act.

Where to file

Under Article 79 the complaint is reviewed by the higher administrative authority, unless the law says otherwise. For a decision of a regional office of the ДМС (State Migration Service, DMS), that is usually the DMS itself. The higher authority may set up a commission to review complaints.

For some migration decisions special acts name the reviewing body directly. A refusal by a regional office to extend your period of stay, for example, is challenged before the DMS under paragraph 41 of Procedure No. 150. A refusal to let you cross the border is challenged before the higher body of the State Border Guard Service.

Where special rules apply

Special acts set their own appeal procedure for part of the migration decisions. The most common ones are these:

In these cases the general rules of the administrative procedure law apply together with the specific features of the special act.

• a refusal to extend the period of stay, covered in the article on [extending your stay](/knowledge/entry-border/stay-extension);
• a refusal of an immigration permit, described in the article on [immigration permit refusals](/knowledge/permanent-residence/permanent-residence-refusal);
• a refusal to let you cross the border, covered in the article on [crossing the border](/knowledge/entry-border/border-crossing-martial-law);
• a visa refusal, which is challenged with an appeal letter to the consulate.

Deadlines

A complaint against an administrative act is filed within thirty calendar days of the day the person was notified of it. That is the rule in Article 80 of the law. Inaction has no separate deadline, and a complaint can be filed at any time once the period for a decision has passed.

Special acts often give migration decisions their own deadlines, and these are frequently shorter:

Visas follow a separate route, an appeal letter to the consulate. So before you start counting days, find out which act governs your particular decision.

• a complaint against a refusal to issue a посвідка (temporary residence permit, TRP) or its revocation, 30 calendar days under paragraph 77 of Procedure No. 322;
• a complaint against a refusal to extend the period of stay, 10 working days under paragraph 41 of Procedure No. 150;
• an administrative appeal against an immigration permit refusal, within two months under Article 15 of the Law "On Immigration";
• a complaint against a refusal of entry at the border, within one month under Article 14 of the Law "On Border Control";
• a complaint against a fine, within ten days of the decision under Article 289 of the Code of Administrative Offences (CAO), and an appeal against a judge's decision within ten days.

The day the clock starts

The period runs from the day the decision was brought to your attention. Article 75 of the law lists the ways. The decision may be handed to you in person, sent by registered post with a delivery receipt, sent by email or delivered by other means of communication. Keep the envelope, the letter or the receipt, because they prove the date.

What to write in the complaint

Article 81 requires a written complaint, on paper or in electronic form. It should contain the following:

Attach the decision you are challenging and the documents that support your position. Refer to specific legal provisions and facts rather than general dissatisfaction.

• the name of the authority you are filing it with;
• your details and contacts, plus those of your representative if one files it;
• what you are asking for and why;
• the date and your signature.

Suspending the decision while the complaint is reviewed

One important advantage of a complaint is set out in Article 83(4) of the law. If the person complaining asks for it, filing the complaint suspends the contested decision, unless the law provides otherwise. So ask in so many words for the decision to be suspended during the review, for example a decision revoking your residence permit.

You file the complaint with the authority that made the decision, and it must pass the complaint and the case file to the reviewing body no later than the next day. After the review, under Article 85, the decision may be cancelled in full or in part, the authority may be ordered to consider the case again, or the complaint may be dismissed.

How the complaint is reviewed

The reviewing body follows the rules of administrative proceedings. It may request documents, question witnesses and hear the parties. The complaint is judged against the lawfulness criteria in Article 87 of the law. A decision is unlawful if it was made by an authority without the power to make it, or if it breaches the required form, the law or the principles of administrative procedure.

Complaint or court

A complaint is usually quicker and cheaper than going to court. It makes sense when the authority misjudged your documents and there is a fair chance the higher authority will correct it. Court is the safer option when the dispute is about how the law should be read, or when the authority keeps taking the wrong position. The general deadline for a lawsuit under Article 122 of the Code of Administrative Procedure (CAP) is six months. Forced return and expulsion decisions follow a fast-track procedure, and the court hears them within ten days, as the article on forced return and expulsion explains.

Lawyer's experience

Foreigners most often lose the right to complain because of the deadline. The letter with the decision sits on a table for a few days, the person is not sure what to do with it, and the period runs out in the meantime. That is why I advise showing any DMS decision to a lawyer as soon as it arrives.

Content is my second point. A complaint full of emotion and empty of evidence almost never changes a decision. A complaint that cites the relevant rule and attaches the documents the DMS ignored has a real chance. We draft complaints so that they can also serve as the basis for a lawsuit if the higher authority says no.

If you have received a decision you believe is unlawful, book a migration law consultation and we will assess it and choose how to challenge it.

Frequently asked questions