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Publication date: 26.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The emergence of disputes with the State Migration Service of Ukraine (SMS) can have different reasons and forms. Here are some common situations that can lead to disputes with DMS and possible ways to resolve them:
Refusal to grant or extend migration documents: This situation can arise when the SMS refuses to grant a visa, residence permit, work permit or other migration document. In this case, it is important to check the legality of the refusal and, if necessary, challenge it in court.
Violation of migration rights or procedures: If you believe that your migration rights have been violated or that errors have been made in the procedures, you can file a complaint with the SMS or challenge the decision in court.
Violation of the rights of foreigners or refugees: In case of violation of the rights of foreigners or refugees, the SMS can intervene and resolve these situations. However, if you are not satisfied with the actions of the SMS, you can turn to independent organizations or human rights bodies for support and advice.
Sometimes disputes with SMS can arise due to misunderstandings or insufficient information about migration rules and procedures. In such cases, it is useful to seek advice from legal consultants or legal experts who specialize in migration issues.
Pre-trial settlement of the dispute with the State Migration Service:
In the event of a dispute or any other conflicting situation, it is best to first contact the appropriate office of the SMS or the website of the service in order to file an appropriate complaint, which will be a pre-trial way of resolving the dispute. Here are the general steps you can take to make a complaint:
Gather evidence: Gather all the evidence and facts that support your complaints or grievances. These can be documents, letters, emails, witness statements, or any other information that supports your claims.
Writing a Complaint: Write a formal complaint that clearly states your claims and facts. The complaint must be clear, specific and understandable, state the dates and events it refers to, and include your contact details.
Filing a complaint: Contact the SMS department responsible for your case and file your complaint in person or send it by post or email. All collected documents should be attached to the complaint.
Judicial procedure for appealing decisions:
If the complainant received a refusal to satisfy the requirements, or if his complaint was ignored at all, then this gives grounds for turning to the court. Preparation of a lawsuit to challenge the decision of the State Customs Service (SMS) in the court of first instance includes several important steps. Here is an overview of the procedure:
Determination of the grounds for appeal: Before starting to prepare a lawsuit, it is necessary to carefully analyze the decision of the State Administrative Court and determine the specific grounds for its appeal. These may be violations of the law, improper actions of the SMS, or incompleteness/unreliability of the evidence on which the decision is based.
Preparation of the statement of claim: The statement of claim is a document in which the position of the person who appeals the decision of the State Administrative Court is stated. It must clearly define the circumstances of the case, set out the arguments and grounds for appealing the decision, as well as demands to the court.
Gathering evidence: To support your claims in a statement of claim, you need to gather all available evidence that can support your arguments. These can be documents, witness statements, expert opinions, etc.
Writing a claim: After collecting all the necessary data, it is necessary to write a claim statement in accordance with the requirements of procedural legislation. The statement of claim must contain all the necessary information and meet the established formal requirements.
Filing a claim in court: After preparing a claim, it must be submitted to the appropriate court along with all the necessary documents and pay the prescribed court fee. In particular, such cases are considered in the order of administrative proceedings by the district courts within the territorial jurisdiction of which the body of the State Administrative Court is located, the decision of which must be appealed.
Lawyer services in appealing against illegal actions, inaction or decisions of the State Administrative Court:
Since it is possible to appeal the decision of the SMS both in the pre-trial and in the court procedure, it is extremely important legal services. The lawyer will conduct a legal analysis of the situation, collect evidence, draw up procedural documents and represent the client's interests in the process of challenging the decisions of the DMS in court. Therefore, appealing decisions with the help of a lawyer will help increase the probability of successful settlement of the dispute and achieving the desired results.
