Debt, loans and border crossing in 2021 – will be released or not

Recently, I often come across the question of debts / loans and border crossing.

The questions are different, but in fact they are very similar and they concern not only problem loans, but also ordinary credit cards, with which everything is fine, there are no delinquencies, but the credit money has been used.

The essence of the questions can be summarized as follows – if I have a debt, will I be released abroad.

Most often they are found in the following formulations:

• Will they be allowed to go abroad if there is a loan?
• With what debt will they not be released abroad?
• Can collectors not be released abroad?
• Going abroad with bad credit?
• Is it possible to go abroad with an overdue loan?
• Am I in the debtor database, how to check it?
• Am I on the “stop-list” for crossing the border?

Will they be issued abroad if there is a loan?

Looking ahead, I will say that if the creditor did not go to court, and if the court did not rule (decision) not in your favor, then the presence of debts, bad credit history and the presence of an overdue loan will not have any effect on border crossing.

But there is one “BUT” – the delay in alimony. For non-payers of alimony, a court decision is not needed.

Now let’s turn to the law on debt and travel abroad.

General provisions (in terms of legislation) by which citizens of Ukraine are guaranteed the right to travel abroad:

Constitution of Ukraine:
Article 33. Kozhnoy, hto On legal grounds perebuvaє on the territory of Ukraine, the freedom of oversupply, the free vibration of living, the right to freely occupy the territory of Ukraine, with the blame of obscurity, as established by law is guaranteed.
Link to the resource: strong>

Civil Code of Ukraine:

Article 313. The right to freedom of oversubscription.

This article has points 3 and 4 that read:
3. A physical person, like a huge citizen of Ukraine, has the right to turn to Ukraine without a change.
A physical person, who has reached sixteen years, has the right to a free independent journey beyond Ukraine, until she is a physical person, the right to travel outside of Ukraine is deprived of the fathers (usinovlyuvachiv), who are in the superconductor, or in the superconductor, as they are entrusted with them, except for the vipadks, transposed by law.
4. A physical person can be betrayed in the presence of the right to oversubscribe from vipadki, established by law.
Link to the resource – HERE.

As you can see, in article 4 it is noted that an individual may be restricted in the right to cross the border in some cases.

Let’s consider this moment in more detail.

In general, the procedure for traveling abroad for citizens of Ukraine is regulated by the Law of Ukraine “On the order of travel from Ukraine and to Ukraine for the citizens of Ukraine”.

This document contains article 6, which is called “Providing for a team hour to interfere with the right of Ukrainians to travel from Ukraine” and which contains an exhaustive list of reasons why a citizen of Ukraine may be temporarily restricted in the right to travel abroad.

Anyone interested in reading the full list – link to the resource HERE.

We are specifically interested in paragraph 5 of this article, which says that a citizen may be limited in the right to cross the border when “a wine (a big man) gets away from a visitor’s zobov’yazan, who are charged to a new judge’s decisions or decisions of other authorities (posadovyh individuals), for the primus vikonannyu in the order established by the law – before the vykonannya stubs’yazan or pay for foreign trade from splati alimentiv; ”

Let’s consider this item in more detail.

Key points that follow from the article:

1. A citizen is a defaulter of alimony, has debts to the bank, for non-payment of public services, tax debts, etc. (the list goes on).
2. The plaintiff (the one to whom they should) apply to the court and the court makes a decision in favor of the applicant.
   There is a clause in this clause – an appeal to the court is not required regarding the alimony debtor. The plaintiff directly addresses the performer. (Article 194 of the Family Code of Ukraine. Link to the resource HERE )
3. In order to secure a solution, a state or private executor applies to the court to establish a temporary restriction on traveling abroad until the debt is paid off. (according to the Law of Ukraine “On Enforcement Proceedings”, article 18, clause 19. Link to the resource HERE ).

This is a highly simplified mechanism for restricting the right to travel abroad. However, we can conclude from all this that the only reason for “restricting the right to travel abroad in the presence of debt” may be a court decision not in your favor (with the exception of an alimony debt, where the executor’s decision is sufficient). And a temporary restriction on the right to travel abroad is a mechanism to force you to comply with a court decision.

Therefore, now we ourselves can answer the questions:

• Will they be released abroad if there is a loan?
• Is it possible to travel abroad with a bad credit history?
• can I go abroad with an overdue loan?

For all questions, the correct answer is “yes”, they will be released if the creditor did not go to court, and if the court did not issue a ruling (decision) not in your favor. In this case, it is POSSIBLE that in order to force you to comply with the court’s decision, the executor through the court achieved that you will not be released outside the country.

Well, the presence of unsecured loans, stitches, negative balance on the card, etc. does not play a role at all.

It should be noted that if the case has gone to court, and before that, as a rule, there is a bunch of warning letters and calls, the defendant (in our case, the debtor) at the place of registration receives an invitation to appear in court to hear the case. And only if it was not possible to find the defendant (does not live at the indicated address, etc.), the court proceeds without the participation of the defendant.

Regarding non-payment of alimony, a court hearing is not required. The executor immediately takes over the matter.

 

 

Am I in the database of debtors, how to check?

You can check yourself whether you are on the list of debtors on the website of the Ministry of Justice (Unified Register of Debtors): erb.minjust.gov.ua

 

Am I on the “stop-list” for crossing the border?

You can always check yourself for the presence in the so-called “stop-lists”.

To do this, you must send a request to the State Border Service.

Additional information can be found on the service website: dpsu.gov.ua

That’s all!

I wish you debt free and enjoyable travel, and let the list of useful travel resources help you with this!

If the topic increasing income is relevant for you, I recommend our heading “Internet Income”, where we review different options with useful recommendations, as well as post “10 freelance and remote work exchanges”.

See you soon!

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