Liability for illegal crossing of the state border of Ukraine

The protection of the state border of Ukraine is an integral part of the national security system. Crossing the state border of Ukraine is carried out on the routes of communication across the state border in compliance with the established procedure.

In accordance with the Law of Ukraine ‘On the State Border of Ukraine’, persons guilty of violating or attempting to violate the regime of the state border of Ukraine, the border regime or the regime at checkpoints across the state border of Ukraine bear criminal, administrative or other liability in accordance with the legislation of Ukraine.

Administrative liability

Article 204-1 of the Code of Administrative Offences of Ukraine (the ‘CAO’) establishes liability for illegal crossing or attempted illegal crossing of the state border of Ukraine.

Thus, crossing or attempting to cross the state border of Ukraine in any way outside the state border checkpoints of Ukraine or at the state border checkpoints of Ukraine without the relevant documents or using a forged document or one containing false information about a person, or without the permission of the relevant authorities, is punishable by a fine of UAH 3,400 to 8,500 or administrative arrest for up to 15 days, with confiscation of the instruments and means of committing the offence.

The same actions committed by a group of persons or a person who has been subject to an administrative penalty for one of the violations within a year are subject to a fine of UAH 8,500 to 13,600 or administrative arrest for a period of 10 to 15 days, with confiscation of the instruments and means of committing the offence.

Procedure for imposing an administrative penalty

Pursuant to Article 20(1)(13) of the Law of Ukraine ‘On the State Border Guard Service of Ukraine’, bodies, subdivisions, servicemen and employees of the State Border Guard Service of Ukraine are entitled to consider cases of offences, impose penalties or refer materials on offences to other authorised executive bodies or courts.

Cases of administrative offences under Article 204-1 of the CUAO are considered by district, city district, city or city district courts.

An administrative penalty for committing an offence under Article 204-1 of the Code of Administrative Offences may be imposed within 3 months from the date of detection, but not later than 1 year from the date of commission.

Administrative detention

For the commission of an administrative offence under Article 204-1 of the CUAO, the border service authorities may carry out administrative detention.

A person who has committed an administrative offence may be detained for up to 3 hours to draw up a report, and, if necessary, for up to 3 days to identify the person and/or clarify the circumstances of the offence.

Criminal liability

In addition to the CUoAO, liability for illegal crossing is also provided for in the Criminal Code of Ukraine (the ‘CCU’).

Pursuant to Article 332-2 of the Criminal Code of Ukraine, crossing the state border of Ukraine with the intent to harm the interests of the state or by a person who is prohibited from entering the territory of Ukraine, or by representatives of the armed forces or other law enforcement agencies of the aggressor state in any way outside the checkpoints across the state border of Ukraine or at the checkpoints across the state border of Ukraine without appropriate documents or on documents containing false information is punishable by imprisonment for up to 3 years.

The same acts committed repeatedly or by a group of persons shall be punishable by imprisonment for a term of 3 to 5 years.

Actions envisaged by parts one or two of this Article, combined with violence or with the use of weapons, shall be punishable by imprisonment for a term of 5 to 8 years.

It should be noted that the subjects of the criminal offence under Article 332-2 of the Criminal Code of Ukraine are: persons who are prohibited from entering the territory of Ukraine; representatives of the armed forces or other law enforcement agencies of the aggressor state; persons who intend to illegally cross the state border of Ukraine in order to harm the interests of the state.