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How to appeal the travel ban?

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20130926_3.jpgAccording to the State Border Guard Service of Ukraine, in the first month of the visa-free regime, 95,000 Ukrainians took advantage of it. The trend will continue, so more and more people will want to visit the European Union this year.

However, we must not forget that even with a biometric passport and all the necessary documents to cross the border, you can not go on vacation.

Already at the border it may turn out that you are forbidden to leave the country due to debts.

Why can't they leave the country?  

Indeed, the legislation provides for the possibility of temporary restrictions on the right to leave Ukraine. If a citizen is a debtor in enforcement proceedings, the state executor may apply to the court for a ban on travel outside Ukraine. Debts can vary. These can be alimony, bank loans or fines to the state. The amount of debt also does not matter. This can be a six-figure amount or a debt of several thousand hryvnias.

If the court agrees with the arguments of the executor, it makes a decision to prohibit departure. Please note that the court does not notify the debtor of the travel ban. Therefore, most often for a person crossing the border, the presence of a court decision banning the departure is a surprise.

Before traveling abroad, make sure that you have a temporary restriction on the right to leave. Especially when you have debts. To do this, please contact the Main Center for Special Information Processing of the State Border Guard Service of Ukraine with a written request.

How to appeal the travel ban?  

If you find out that the court forbade you to leave the territory of Ukraine, you must appeal the ban to the appellate court. The term of appeal is 5 days from the moment of receiving a copy of the court decision on the travel ban. Unfortunately, courts do not always properly examine evidence and in most cases listen to the arguments of state executors.

However, the basis for the decision to prohibit travel abroad should be not only the fact that the debtor has a debt, but also the fact of intentional evasion of the court decision to recover such debt.

To appeal the court's decision to ban travel, I recommend paying attention to the following issues:

Is the debtor really evading his obligations? 

Evasion of a court decision cannot be intentional if the debtor does not have the means to pay the debts.

Does the debtor evade the challenges of the state executor?  Usually, state executors indicate that the debtor evades the execution of a court decision because he does not appear at the summons of the state executor. However, very often the executor sends calls to the wrong address and the debtor does not receive them at all. In this case, non-appearance to the state executor cannot be considered intentional. It should be noted that sometimes the debtor does not even know about the existence of enforcement proceedings.

Is the debtor's work related to business trips abroad? 

In their submissions, bailiffs sometimes claim that the debtor often crosses the state border and may not return to Ukraine.

However, in the process of resolving the issue of a travel ban, the courts do not always pay attention to the nature of the debtor's work. The courts also do not pay attention to whether the travel ban may affect his financial condition and ability to repay the debt. In most cases, the debtor really needs to leave the territory of Ukraine with work issues.

After the travel ban is lifted by the appellate court, a copy of the court decision must be submitted to the Main Center for Special Information Processing of the State Border Guard Service of Ukraine. Only then will the debtor be excluded from the border service base.

I want to say that even when you appeal the travel ban, the executor has the right to re-apply to the court after some time. Make sure that the artist has no reason to do so. Appear from time to time to the artist. Learn about the progress of enforcement proceedings. Provide written information about the change of residence or place of work. Repay the debt, even in small amounts. And then the risks that you will be forbidden to leave the territory of Ukraine will be significantly reduced.


The article is published on League. Blogs

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If you have problems traveling abroad due to the ban, ask for help


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