In April 2024, before the adoption of the law on strengthening mobilization, the issuance of foreign passports to citizens of Ukraine who applied to foreign branches of SE “Dokument” of the State Migration Service (SMS) was temporarily suspended. Not only men, but also women with children faced this problem. After making changes to the legislation, State Enterprise “Dokument” announced that it had resumed issuing passports abroad, but the reality turned out to be different.
As of October 16, 2024, SE “Dokument” is delaying the issuance of ready-made passports for more than six months, not delivering them to issuance centers abroad. The delay applies even to those citizens who left Ukraine on legal grounds, in particular pensioners who submitted applications at the end of March – beginning of April.
This delayed process directly contradicts the requirements of the law “On Amendments to Certain Laws of Ukraine Regarding the Provision of Certain Administrative Services to Citizens of Ukraine”, which entered into force on August 19, 2024. The law stipulates that a passport issued through foreign branches of SE “Dokument” must be issued within a period of no more than three months.
The purpose of this law, as noted by its authors, is to shorten the terms of providing administrative services, especially in conditions where only in the EU countries about 4 million Ukrainians have the status of temporary protection. According to Article 25 of the Constitution of Ukraine, the state is obliged to take care of its citizens abroad, but in practice this obligation is violated due to delays in issuing documents.
In addition, the Procedure for the implementation of the experimental project on the provision of administrative services to citizens of Ukraine abroad, approved by a resolution of the Cabinet of Ministers of Ukraine in June 2024, also provides for a period of no more than three months for issuing foreign passports.
For violation of these requirements, the officials of SE “Dokument” and DMS can be held responsible for their actions, since the delay in issuing passports actually limits the rights of citizens guaranteed by the Constitution. Many Ukrainians who went abroad for completely legal reasons find themselves blocked in their actions, unable to obtain the necessary documents in time.
This attitude of state bodies towards citizens does not contribute to the return of Ukrainians to their homes, as it shows contempt for their rights and disregard for the law. As it became known, applications have already been submitted to the law enforcement authorities regarding the commission of criminal offenses by the Dokument State Enterprise in connection with delays in issuing passports.
The Law on Administrative Services also provides for the possibility of compensation for damage caused to citizens by the actions or inaction of officials. If the state compensates for such damage, it has the right to demand compensation from the officials responsible for the violation.
