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Additional to our last update of July 4th, 2014 there exists now a first precedent at court concerning the execution of the 90/180-rule for visa-free stay at the territory of Ukraine, f.e.for citizens of EU-member states.

The district court of Borispol ruled in its sentence of August 28th,2014 (Case Nr.359/7639/14-a) against a fine-decision of the State Border Service at the airport Kyiv-Borispol. The sentence is absoloute and no revision possible.

Background: The central administration of the State Border Services of Ukraine approved our legal point of view, after what the “180”-days periods have to be calculated as revolving periods, starting with the mark of the 1st entry into Ukraine in the passport (example: 1st entry 04.2012: 1.period 180 calendar days 04.2012-10.2012, 2nd period 10.2012-04.2013 etc – the days of stay in each period may not exceed 90 calendar days including day of entry AND exit!)

In contrast to this legal view the border police of the airport Kiev-Borispol simply ordered its officers in an internal instruction to calculate the 180 days SIMPLY MANUALLY BACKWARDS FROM DATE OF EXIT.

This practice was now sentenced 1st time to be illegal in the present case!

However – we want also to note, that this internal instruction in Borispol is still in force! But – we also submitted now a official protest to the administration about this practice of their subordinated units.

In this context we also would like to note, that:

  • Every officer of the State Border Service at airport of Borispol is obliged by instruction Nr. 606 of December 24th,2010 to wear his ID-Card visibly for the citizen and to show it on request!
  • The responsible court for applications against the State Border Service at the airport in Kiev-Borispol is the District Court of Borispol (address:Kyivskij Schljach 72,08300 Borispol)
  • Every foreigner may get informations about stored datas of its entries and exits from/to territory of Ukraine by a simple informal letter to:

State Border Service of Ukraine, Main department of data processing, ul.Volodymirska 26, 01601 Kiev with the following datas: Passport Number, Name and surname, citizenship and date of birth

  • Complaints may be addressed to: Administration of State Border Service of Ukraine, Director of the Department of border protection, Volodymirska street 26, 01601 Kiev

Remaining question in this context is also the critical point of view of the State Border Service, after what foreigners may be held for 3 hours concerning accuses of violations of 90/180-days-rule. Due to our legal view this heavily contradicts citizen rights guaranteed by constitution of Ukraine and administrative law of Ukraine. Due to this fact we also started a precedent about this question.