How do you appeal a DMS fine for breaching the rules of stay in Ukraine?

Who can appeal

Article 287 of the Code of Ukraine on Administrative Offences (CAO) gives the right to appeal a fine to the person it was imposed on, meaning the foreigner. A representative with a power of attorney can also file the complaint. What foreigners get fined for is covered in the article on fines for foreigners.

Most cases concern Article 203 of the CAO as amended by Law No. 3196-IX in 2023, which deals with foreigners breaching the law on the legal status of foreigners. Part 1 covers overstaying by no more than 30 days, breaking the transit rules and failing to declare or register your place of residence. Part 2 covers overstaying by more than 30 days and living without documents or with invalid or expired ones. Part 3 covers a repeat breach within a year. These cases are decided by the ДМС (State Migration Service, DMS), so it is usually a DMS decision that people appeal.

Where to file

The procedure depends on who imposed the fine. If an authority such as the DMS issued it, the decision is appealed under Article 288(3) of the CAO to a higher authority or official, or to a district court. The choice is yours. A court hears such cases under the Code of Administrative Procedure (CAP), and Article 20 of the CAP assigns them to local general courts.

You file the complaint through the authority that issued the decision, unless the law says otherwise. That authority forwards the complaint with the case file to whoever must review it.

If a court imposed the fine, its ruling is appealed under Article 294 of the CAO. For the wider picture of appeals in migration cases, see the guide to challenging DMS decisions.

Deadlines

A complaint against a decision in an administrative offence case is filed within ten days of the day it was issued. That is the rule in Article 289 of the CAO. An appeal against a judge's ruling under Article 294 is filed within ten days. Count the days from the date written on the decision itself.

If you missed the deadline for a good reason, the person fined can ask for it to be restored. The authority or official reviewing the complaint decides. The reason must be backed by documents.

What to write in the complaint

The complaint must be in writing. State which decision you are appealing, who issued it and when, what the error is and what you are asking for, which is to cancel the decision and close the case or to change the penalty. Refer to specific facts and documents rather than general disagreement.

Attach copies of your evidence. Documents in a foreign language need a translation. If a representative files the complaint, attach the power of attorney. Keep a copy of the complaint with the acceptance stamp, or the postal receipt, because it proves you met the deadline.

How the complaint is reviewed

The higher authority or the court checks whether there was a breach, whether it was classified correctly and whether the report and decision were drawn up properly. The decision may be upheld, cancelled with the case closed, or the penalty may be changed. If the first-instance court rules against you, its decision can be appealed further under the rules of the Code.

Fines for the host party

Liability under the Code is not limited to the foreigner. Article 205 of the CAO penalises a host party that fails to fulfil its duties, and Article 204 penalises citizens and officials who unlawfully help a foreigner avoid leaving Ukraine. Cases under Article 204 are decided by a court, so its ruling is challenged on appeal. If both the foreigner and the host party were fined, prepare their complaints together, because the facts are the same.

What evidence you need

Fines are most often imposed for overstaying or for living in Ukraine on expired documents. The key evidence is therefore about dates. Entry and exit stamps in your passport, tickets, the stamp showing your stay was extended and proof that you filed documents for a residence permit or an extension.

If you believe you did not overstay, count the days with a lawyer and set out the calculation in the complaint. The guide to how long foreigners can stay explains how to count the permitted period.

Duty and costs

A person who appeals a decision in an administrative offence case is exempt from state duty. The complaint itself therefore costs nothing to file. Legal fees depend on how complex the case is.

Pay or appeal

Fines and appeals affect your future travel. Under Article 13 of Law No. 3773-VI an unpaid fine is in itself a ground for an entry ban. If the chances of getting the decision cancelled are low, it is wiser to pay and keep the receipt. Entry bans are covered in the article on the entry ban.

Lawyer's experience

Most appeals I see concern cases where the DMS miscounted the days of stay. Sometimes it ignored an extension of stay or documents filed for a residence permit. These errors are visible on paper, and a complaint with a clear calculation often works.

My second point is about the deadline. It is short, and foreigners often receive the decision at the last moment before leaving. Bring in a lawyer on the day you receive the decision, not after you get home.

If you have received a fine, book a migration law consultation and we will assess whether it is worth appealing.

Frequently asked questions