Is it possible to appeal the border guards' refusal in crossing the border?

Thus, the decision of the border guard to refuse to cross the border can be appealed in two ways:

1. Administrative appeal:

• Apply to a higher-level body of the State Border Guard Service of Ukraine.
• The deadline for filing a complaint is 1 month from the date of receipt of the refusal.

2. Judicial appeal:

• File a lawsuit with the district administrative court.
• The deadline for filing a lawsuit is 6 months from the date of receipt of the refusal decision.

How to file a lawsuit:

The statement of claim is filed with the district administrative court:

• At the place of residence (stay) of the plaintiff.
• Or at the location of the checkpoint where the decision was made.

The structure of the statement of claim:

1. Name of the court.

2. Information about the parties:

• The plaintiff (citizen who was denied entry).
• Defendant (checkpoint or official who made the decision to refuse).

3. Subject of the claim:

• Declaring unlawful and cancelling the decision to refuse to cross the border.

4. Substantiation of the claim:

• Indicate which documents were provided and confirm that they certified the right to cross the border.
• Reference to the relevant legal provisions.

5. Documents confirming the claim:

• A copy of the refusal decision.
• Documents that were provided during passport control.

6. Information about additional measures:

• For example, measures to secure evidence.

7. Confirmation of the absence of other claims with the same subject matter.

8. A list of attachments.

9. Approximate calculation of court costs.

Martial law conditions:

• Due to martial law and related difficulties (disruption of postal services, courts, etc.), the court process may take longer than usual.

Recommendation:

• Before filing a lawsuit, you should consult with a lawyer to ensure that the documents are properly prepared and to maximize the chances of a favourable decision.