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Publication date: 12.04.2024
Women traveling abroad - when they may be denied entry
It is a mistake to assume that all women have the freedom to travel abroad, whether on vacation, on business or for asylum. The right to leave is defined by the Law of Ukraine "On the Procedure for Departure from Ukraine and Entry into Ukraine of Citizens of Ukraine".
Women's travel abroad
According to Article 6 of the Law, Ukrainian women may be denied the right to travel abroad in the following cases
- are under administrative supervision of the National Police - until the supervision is terminated;
- are aware of information that constitutes a state secret - until the restrictions expire (notified in each case separately);
- in accordance with the procedure provided for by the criminal procedural legislation, a preventive measure has been applied to them, under which they are prohibited from traveling abroad - until the end of criminal proceedings or the relevant restrictions are lifted;
- convicted of a criminal offense - until the sentence is served or the person is released from punishment;
- are the head of a legal entity or permanent establishment of a non-resident that does not fulfill its tax obligations and has a tax debt exceeding UAH 1 million, and such tax debt has not been paid within 240 calendar days from the date of delivery of the tax demand - until the tax debt is repaid;
- have an administrative penalty for committing an offense under Part 7 of Article 184 of the Code of Administrative Offenses, which provides for a temporary restriction on the right to leave Ukraine with a child for a period of 1 year from the date of imposition of the administrative penalty, unless there is a notarized consent of the other parent to the child's departure;
- evade the fulfillment of obligations imposed on them by a court decision or a decision of other bodies (officials), which is subject to enforcement in accordance with the procedure established by law, until the obligations are fulfilled or the child support arrears are paid.
Prohibition on crossing the border due to debts
A loan debt does not constitute an obstacle to crossing the border, provided that there is no court order temporarily restricting the right of an individual who is a debtor for failure to comply with a court decision to leave Ukraine.
However, it should be borne in mind that the existence of an open enforcement proceeding may result in a refusal to travel abroad. If there is a monetary debt and the debtor evades fulfillment of its obligations, the enforcement officer has the right to apply to the court for a temporary restriction on the right of the individual debtor or the director of the legal entity to travel abroad until the obligations are fulfilled.
If there is an alimony debt exceeding the total amount of the respective payments for four months (in some cases, three months), the state enforcement officer independently issues a resolution to impose a temporary restriction on the debtor's right to travel outside Ukraine.
"At the same time, in accordance with the Rules for Crossing the State Border by Citizens of Ukraine, in addition to the above grounds, Ukrainian women may be prohibited from leaving the country in the absence of an identity document confirming their citizenship (e.g., a passport of a citizen of Ukraine for traveling abroad, a service passport, a diplomatic passport, etc.
For additional information, we would like to remind you that on April 1, there were practically no queues at the Ukrainian border at the checkpoints. However, travelers are urged to take into account the possibility of unstable operation of electronic systems of control services at checkpoints when traveling to the European Union and Moldova.
There is also court practice, in particular, in Chernivtsi, a court decision lifted the ban on traveling abroad for a man who accompanied his father-in-law with a disability. The Chernivtsi District Administrative Court recognized the border guard's decision to refuse to cross the border as unlawful.
Therefore, in order to resolve the above issues and make decisions regarding border crossing, it is necessary to lawyer's consultation аnd have your documents checked by a lawyer or an online lawyer, as well as to make a legal opinion lawyers' documents on the situation with changes in migration law, or a written consultation.
