Challenging a refusal to cross the border

Updated: November 2026

A border guard does not let a person leave. The reason may be an entry in the Oberih register, a demand for a document the law does not require, or a conclusion that the documents provided are not enough. A foreigner, in turn, may be refused entry into Ukraine. Some of these refusals are lawful and some are not. The defence depends on whether the decision is properly drawn up, whether the reason for refusal can be removed, and whether the complaint is filed in time.

Who can be refused

The grounds for temporarily restricting the right of Ukrainian citizens to leave the country are set out in Article 6 of the Law of Ukraine “On the Procedure for Exit from Ukraine and Entry into Ukraine of Citizens of Ukraine” (in Ukrainian).

They include:

criminal proceedings in which a relevant preventive measure has been applied, or an unexpunged conviction;
a restriction imposed by a court in enforcement proceedings, in particular for child support arrears;
access to state secrets;
lack of the documents required for entry into the destination country or for transit.

Under martial law, the main restriction concerns men. The procedure is set by the Rules for crossing the state border by citizens of Ukraine (in Ukrainian), approved by Resolution of the Cabinet of Ministers of Ukraine No. 57 of 27 January 1995.

The Rules provide as follows:

since 28 August 2025, men aged 18 to 22 inclusive may leave if they hold a valid military registration document, on paper or in the Rezerv+ app;
men aged 23 to 60 may leave only on a ground set out in the Rules: disability, three or more children, care for a person with a disability, study abroad, an approved business trip and others;
at the checkpoint, data is checked against registers, including Oberih. A wanted notice from a territorial recruitment centre, an expired deferral or an error in the register leads to refusal even where the paper documents are in order.

Foreigners and stateless persons are refused entry if they do not meet the border crossing conditions set out in Article 8 of the Law of Ukraine “On Border Control” (in Ukrainian). These include the lack of a visa or a valid passport, an entry ban, insufficient funds, or inability to confirm the purpose of the trip.

The refusal decision

The refusal procedure is set by Article 14 of the Law “On Border Control”. A refusal is possible only by a reasoned decision of an authorised officer of the State Border Guard Service, stating the reasons. The decision is drawn up in two copies, and one is handed to the person against signature. If the person refuses to sign, a report is drawn up. The person does not lose the right to challenge the decision.

In practice, it is important to:

obtain a written decision, not just an oral refusal. Without it, there is nothing to challenge;
check whether the decision states a specific legal ground. Wording such as “the documents do not confirm the ground”, with no explanation of which requirement was not met, is a sign of an unreasoned decision;
keep copies of all documents shown at the border and, if possible, record which additional documents were demanded.

Challenging the decision

The decision can be challenged within one month from the day it was made (Article 14(3) of the Law “On Border Control”):

before a higher body of the State Border Guard Service;
or before the district administrative court at the location of the body that made the decision.

A challenge does not suspend the decision. Even after a complaint or claim is filed, the person cannot leave until the decision is cancelled. For this reason, alongside the challenge, it is worth removing the reason for refusal where possible: updating the data in Rezerv+ through the territorial recruitment centre, obtaining the required certificate, or correcting an error in the register. This is often faster than waiting for a court decision.

The claim is heard under the Code of Administrative Procedure of Ukraine (in Ukrainian), as a rule in simplified proceedings. In 2026, the court fee for a non-monetary claim by an individual is 1 331.20 UAH, or 1 064.96 UAH when filed through the Electronic Court system. The claim is filed with the refusal decision and all documents confirming the right to cross the border. The outcome depends most of all on how complete these documents are. The court examines whether the border guard had lawful grounds for refusal at the time the decision was made.

If the refusal was based on incorrect data from another authority, such as a mistaken wanted notice from a territorial recruitment centre or an outdated restriction imposed by an enforcement officer, the actions of that authority must be challenged as well. Cancelling the border guard’s decision without correcting the data in the register will lead to a new refusal.

For foreigners

A foreigner who is refused entry also receives the decision in writing. It can be challenged in the same way, including through an attorney in Ukraine acting under a power of attorney. If the ground was an entry ban imposed by the State Migration Service, the Security Service of Ukraine or another authority, it is the ban itself that must be challenged. The time limit and jurisdiction for it are determined separately.

Our services

review of the refusal decision and the grounds for challenging it;
checking data in registers and support in correcting errors through territorial recruitment centres, enforcement officers and other authorities;
preparing documents for men leaving Ukraine during martial law;
complaints to higher bodies of the State Border Guard Service;
claims to the administrative court to cancel refusal decisions;
challenging entry bans for foreigners and stateless persons;
representing clients who are abroad.