INFORMATION LETTER OF THE SUPREME ADMINISTRATIVE COURT OF UKRAINE

of July 16, 2013 No. 986/12/13-13

Due to the origin in court practice of questions concerning determination of competence of administrative courts concerning permission of cases on claims of the central executive body which provides realization of state policy in the field of migration, bodies of protection of frontier, bodies of the Security Service of Ukraine about detention of foreigners or stateless persons in connection with exclusion or illegal stay of these persons in the territory of Ukraine the Supreme administrative court of Ukraine considers necessary to report the following.

Subjects of powers of authority have the right to appeal to administrative court only in the cases provided by the Constitution and the laws of Ukraine (part three of article 6 of the Code of administrative legal proceedings of Ukraine (further - KAS of Ukraine)).

According to Item 3 parts four of article 50 KAS of Ukraine subjects of powers of authority are given the right to the address with the administrative claim for exclusion from Ukraine of the foreigner or the person without citizenship.

From content of part one of article 30 of the Law of Ukraine of September 22, 2011 No. 3773-VI "About legal status of foreigners and stateless persons" is seen that the resolution of administrative court is the basis for exclusion of foreigners and persons without citizenship from Ukraine. For this purpose the central executive body which provides realization of state policy in the field of migration bodies of protection of frontier (concerning foreigners and stateless persons which are detained by them within controlled frontier areas during attempt or after illegal crossing of frontier of Ukraine) or bodies of the Security Service of Ukraine appeal to administrative court with the corresponding claim.

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