Obtaining a foreign passport at the consulate: limits of authority and grounds

Question

Good day! I request a consultation regarding obtaining an administrative service for exchanging a foreign passport at a foreign diplomatic institution (FDI). Circumstances: I am a citizen of Ukraine. For a long time (from 2016 to the end of 2022), I legally resided on the territory of a state recognized as an aggressor, based on official residence permits (relevant marks are present in the foreign passport). I am also married to a citizen of this state (I have not changed my surname). Since 2023, I have been permanently residing and working in another country. Please provide a legal clarification on the following questions: 1. Is the list of grounds for refusing to issue a foreign passport (according to Cabinet of Ministers of Ukraine Resolution No. 152) exhaustive? Can the fact of residing in an aggressor country in the past be a legitimate reason for refusal or delay in issuing the document beyond the established period? 2. By what legal norms are the consul's powers limited regarding the collection of information not provided for in the application form (questions about political views, details of private life, husband's relatives, etc.)? 3. Am I obliged to provide explanations regarding my stay in the aggressor country until 2022, if this stay was legal? 4. In case of an oral refusal to accept documents due to "the need for additional SSU checks," do I have the right to demand a written decision on refusal or suspension of consideration in accordance with the Law "On Administrative Procedure"? 5. Which norms of the Constitution and laws of Ukraine should be referred to for protection against psychological pressure and to prevent abuse of power by an official? Thank you in advance for your professional assistance.

Lorina Fedan · Accepted Answer

1. The list of grounds for refusing to issue a passport of a citizen of Ukraine for travel abroad is exhaustive. The fact of legal residence in another state is not provided by law as a ground for refusal or delay. Therefore, such a reason is illegal. Checks may be carried out, but they cannot unreasonably exceed the established terms for processing the document.2. The consul acts only within the scope of the Law "On Foreign Diplomatic Missions of Ukraine", the Law "On Personal Data Protection", the Law "On Administrative Procedure". He has the right to request only information directly provided for in the application form or necessary for personal identification.3. You are not obliged to explain your stay in the aggressor country. If the stay was legal and does not concern grounds for refusal, you are not obliged to provide explanations.4. An oral refusal has no legal force. You have the right to demand a written decision, to demand the specific legal norm to be stated, to receive a document regarding suspension/refusal.5. Constitution of Ukraine: Art. 19 — officials act only on the basis and within the scope of the law; Art. 32 — right to private life; Art. 33 — freedom of movement and the right to leave Ukraine; Art. 55 — right to appeal actions of state authorities. Laws: "On Administrative Procedure", "On Citizens' Appeals", "On Personal Data Protection", CMU Resolution No. 152.

Obtaining a foreign passport at the consulate: limits of authority and grounds

1 Answers

Lorina Fedan