What can a foreigner be fined for in Ukraine?

The main provision

Foreigners' liability for breaching migration rules is concentrated in the КУпАП (Code of Administrative Offences, CAO). The key article for them is Article 203. In 2023 Law No. 3196-IX restated it, and it is now titled "Breach by foreigners and stateless persons of the legislation on the legal status of foreigners and stateless persons". How long a foreigner may stay lawfully is explained in the guide to periods of stay for foreigners.

Cases under Article 203 are decided by the ДМС (State Migration Service, DMS). Cases under Article 204 go to court. Several other articles matter as well, because the Code also targets those who receive or help a foreigner:

Breaches of the rules of stay

Article 203 has three parts, and the part determines the fine:

Separately, Article 203-1 penalises failure to comply with an entry ban decision, with a fine of 100 to 300 tax-free minimum incomes. The most common breach is covered in detail in the article on overstaying your permitted stay.

• part 1 covers overstaying by no more than 30 days, breaching the transit rules and failing to declare or register your place of residence, with a fine of 100 to 200 tax-free minimum incomes, that is UAH 1,700 to 3,400;
• part 2 covers overstaying by more than 30 days and living without documents, on invalid documents or on documents that have expired, with a fine of 200 to 300 tax-free minimum incomes, that is UAH 3,400 to 5,100;
• part 3 covers a repeat breach within a year, with a fine of 300 to 400 tax-free minimum incomes, that is UAH 5,100 to 6,800.

Illegal border crossing

Article 204-1 of the Code establishes liability for crossing or attempting to cross the border outside checkpoints, or at a checkpoint without documents or with documents containing false information. On top of the fine, the law provides for an entry ban for illegal crossing. More on this in the article on entry bans.

Liability of those who receive a foreigner

Foreigners are not the only ones the Code holds liable. Article 204 concerns unlawfully helping a foreigner evade departure. The fine is 200 to 300 tax-free minimum incomes for citizens and 300 to 400 tax-free minimum incomes for officials, and these cases are heard by a court.

A receiving party that has not fulfilled its duties towards the foreigner is liable under Article 205. The fine is 50 to 100 tax-free minimum incomes for citizens and 100 to 200 tax-free minimum incomes for officials.

Employers face separate liability where a foreigner works without a permit, in particular under Article 41 of the CAO and Article 265 of the Labour Code. Details are in the article on fines for employers.

Registration of place of residence

A residence permit holder is obliged to register their place of residence. How to do it and what happens if you delay is explained in the article on registering your place of residence. Failing to declare or register your place of residence falls under Article 203(1) of the CAO, so the fine is 100 to 200 tax-free minimum incomes, that is UAH 1,700 to 3,400.

Document checks

During a check, a foreigner is asked to show their passport and a document confirming that their stay is lawful. A passport without an entry stamp is in itself a reason to check whether the permitted period has been respected. Article 13 of the Law "On Border Control" allows the lawfulness of the stay to be proven by any document showing the date of crossing the border, such as a ticket or a booking.

Keep the original passport on you, together with your residence permit or visa and, if your stay has been extended, the passport carrying the extension mark. A photo of your documents on your phone is not always enough.

The fine and later applications

A fine also affects later procedures. If you have overstayed, an extension application is accepted only once you have been held liable, that is after an offence report has been drawn up and a penalty imposed. Bring the receipt for the paid fine when you file for an extension or a residence permit. The extension procedure is explained in the article on extending your stay.

Amounts of the fines

Fines in the Code are expressed in multiples of the non-taxable minimum income of citizens and depend on the article and its part. The main ones are summarised below.

Why an unpaid fine is dangerous

The fine itself is rarely the biggest problem. Leaving it unpaid is more dangerous. Article 13 of the Law "On the Legal Status of Foreigners and Stateless Persons" names unenforced decisions of bodies imposing administrative penalties as a ground for an entry ban. So pay the fine and keep the receipt together with the decision.

How to appeal a fine

A decision on an administrative offence can be appealed within ten days of the day it was issued. The appeal procedure is stated in the decision itself. If you believe the fine is unjustified, for example because you did not in fact exceed your permitted stay, gather evidence straight away, such as tickets, passport stamps and confirmation that you filed documents.

Lawyer's experience

Foreigners are most often fined for overstaying and for an expired residence permit. Both breaches can be seen coming, so they can be avoided by keeping track of dates. I advise putting the expiry date of every document in your calendar.

My second piece of advice concerns payment. Some foreigners do not pay the fine because they are leaving anyway. A few years later this turns into an entry ban, which is much harder to lift than a fine would have been to pay on time.

If you have received an offence report or a penalty decision, we will assess at a migration law consultation whether it is worth appealing.

Frequently asked questions