The Court of Appeal of the Transcarpathian region confirmed the possibility of a citizen of Ukraine to use at the crossing of the state border a passport of another state. This is reported by the PMG outlet.
In particular, the court abolished the fine to a local resident who tried to cross the border with a Hungarian passport, lawyer Eduard Pukanych said. The lawyer, who in court represented the interests of the convict Transcarpathian, said that his client was fined back in April 2017, but he appealed, and won it in June.
In the decision of the Court of Appeal of the Transcarpathian region, which was published by Eduard Pukanych, it is stated that the inhabitant of Transcarpathia was fined under art. 204-1 of the Code of Administrative Offenses (illegal crossing or attempt of illegal crossing of the state border). This article is used when it comes to crossing the border outside checkpoints or at checkpoints without documents or with documents that contain inaccurate information.
The court of first instance decided that a resident of Transcarpathia, who is a citizen of Ukraine, did not have the right to submit a passport of a Hungarian citizen for traveling abroad. Therefore, the judge decided that the man was trying to cross the border of Ukraine without the relevant documents.
“The court of first instance groundlessly questioned the authenticity of the passport of a citizen of Ukraine, and hence his right as a Hungarian citizen to cross the border, while resorting to assessing the legitimacy of the plurality of a person’s citizenship, instead of determining whether the offense was committed, the nature and composition of the offense and the guilty person in his Committing,” said in the ruling of the Court of Appeal.
Consequently, the Appeal Court of the Transcarpathian region decided that the man did not in fact violate the law of Ukraine and had the right to cross the border both in his Ukrainian and Hungarian passports.