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Hello,
I'm having this issue, please help. This applies to Ukraine.
Previously registered as an emergency. But he postponed further registration in the tax office, and did not conduct any entrepreneurial activity. From the tax came a letter to file a report and also "you have a debt." Could this be grounds for a travel ban or does this only happen if there was a court and a decision to ban?
I'm having this issue, please help. This applies to Ukraine.
Previously registered as an emergency. But he postponed further registration in the tax office, and did not conduct any entrepreneurial activity. From the tax came a letter to file a report and also "you have a debt." Could this be grounds for a travel ban or does this only happen if there was a court and a decision to ban?
Translated automatically from Russian. View original
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Answers • 8
According to Art. 33 of the Constitution of Ukraine:
Temporary restriction on crossing the border can be applied to persons:
1) having unsettled maintenance or contractual obligations, incl. credit (and even for the payment of utilities), in connection with the evasion of obligations, which are decided by a court decision or a decision of another body (official);
2) being a party to the dispute, if the court has issued a ruling on such securing of the claim.
There are other grounds for restricting the right of a citizen to cross the border, but they are associated either with the availability of access to state secrets or with criminal prosecution, and a citizen should at least guess about the existence of such a restriction.
It follows from this that the basis for the ban on leaving occurs only if there was a court and a decision on the ban. If in your case there was no court, then there is no prohibition, you just need to clarify what debt is left and pay it in order to fly away on vacation with peace of mind!
Temporary restriction on crossing the border can be applied to persons:
1) having unsettled maintenance or contractual obligations, incl. credit (and even for the payment of utilities), in connection with the evasion of obligations, which are decided by a court decision or a decision of another body (official);
2) being a party to the dispute, if the court has issued a ruling on such securing of the claim.
There are other grounds for restricting the right of a citizen to cross the border, but they are associated either with the availability of access to state secrets or with criminal prosecution, and a citizen should at least guess about the existence of such a restriction.
It follows from this that the basis for the ban on leaving occurs only if there was a court and a decision on the ban. If in your case there was no court, then there is no prohibition, you just need to clarify what debt is left and pay it in order to fly away on vacation with peace of mind!
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answered 12 years ago
There is more info:
The second possible reason for applying a temporary ban on traveling abroad is the evasion of fulfilling the obligations established by the court. Simply put, evasion of debt collection by the State Executive Service. You should pay attention to a number of significant circumstances under which such a ban is possible:
1. The presence of a court decision that has entered into force on the collection of debt (on a loan, on utilities, etc.), compensation for damage, etc.;
2. Availability of open enforcement proceedings;
3. The presence of the fact of the debtor's evasion from the performance of obligations;
4. The presence of a court decision on the application of a ban on traveling abroad.
The second possible reason for applying a temporary ban on traveling abroad is the evasion of fulfilling the obligations established by the court. Simply put, evasion of debt collection by the State Executive Service. You should pay attention to a number of significant circumstances under which such a ban is possible:
1. The presence of a court decision that has entered into force on the collection of debt (on a loan, on utilities, etc.), compensation for damage, etc.;
2. Availability of open enforcement proceedings;
3. The presence of the fact of the debtor's evasion from the performance of obligations;
4. The presence of a court decision on the application of a ban on traveling abroad.
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answered 12 years ago
Despite the numerous threats that debtors may hear from collectors, from bailiffs, the ban on traveling abroad is established exclusively by the court. The petition of the bailiff can only be the basis for issuing such a ban, but in no way forms the duty of the court to establish such a ban. Any collection company is not at all the subject of treatment with the corresponding representation.
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answered 12 years ago
REMEMBER!
The ban on traveling abroad is established exclusively by the court!!!
The ban on traveling abroad is established exclusively by the court!!!
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answered 12 years ago
Individuals who are planning a vacation or a trip abroad can be advised to check in advance whether they are on the list of those who are temporarily not allowed to cross the border.
This can be done like this:
1) apply to the Administration of the State Border Guard Service of Ukraine, indicating the necessary data (last name, first name, patronymic, citizenship, date of birth, address), with a request to provide information about the possible existence of a temporary restriction on the right to leave for a person wishing to travel abroad outside of Ukraine;
2) within a month, the Administration of the State Border Guard Service of Ukraine is obliged to provide a written response.
This can be done like this:
1) apply to the Administration of the State Border Guard Service of Ukraine, indicating the necessary data (last name, first name, patronymic, citizenship, date of birth, address), with a request to provide information about the possible existence of a temporary restriction on the right to leave for a person wishing to travel abroad outside of Ukraine;
2) within a month, the Administration of the State Border Guard Service of Ukraine is obliged to provide a written response.
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answered 12 years ago
