A citizen of the Russian Federation filed a lawsuit with the Kiev Court to declare illegal and cancel the decision of the VHI, which canceled the permission to immigrate to Ukraine dated 06/19/2018 and canceled the permanent residence permit dated 07/15/2019.
In support of the claims, the plaintiff stated that the decision that canceled the permission to immigrate to Ukraine and canceled the permanent residence permit is unlawful and is subject to cancellation, since the plaintiff was not brought to criminal and administrative responsibility and did not commit any illegal actions. In addition, the plaintiff claims that his father is a citizen of Ukraine. In this connection, the plaintiff has additional grounds for obtaining permission to immigrate to Ukraine.

The defendant filed a response to the court with a statement of claim, in which the last claim was not recognized and asks the court to refuse satisfaction on the grounds that the territorial body of the State Customs Service rightfully adopted the appealed decision, since the plaintiff poses a real threat to national interests, national security, violates human rights and freedoms and a citizen, contributes to the destabilization of the socio-political situation in Ukraine and extends the influence of organized crime to the processes taking place in the economic, political and public spheres.

Having considered the submitted documents and materials, evaluating the evidence of legal significance for the consideration of the case and the resolution of the dispute on the merits, the court notes the following.

A citizen of the Russian Federation has been living in Ukraine with his family since 2009. He studied at the school m. Obukhov, Kyiv region. The plaintiff's mother has a permanent residence permit in Ukraine. In addition, she is a mother of many children. The family lives together.
Also, from 01/02/2018, the father is a citizen of Ukraine.
The parents applied to the relevant institution so that their minor son could obtain permission to immigrate.
On July 15, 2019, the plaintiff received a documented certificate of permanent residence in Ukraine, as a person who is a minor child of an immigrant, since the mother of the child received permission to immigrate to Ukraine.
There is also information that the National Police of Ukraine canceled the immigration permit.

It was found that the plaintiff was involved in the execution on the territory of Ukraine of a serious criminal offense (hooliganism, performed with the use of firearms or knives). But it is not possible to bring the plaintiff to criminal liability, since he does not appear in the investigating authorities and evades following the laws of Ukraine.

Circumstances under which an immigration permit will not be granted:

1) to persons sentenced to deprivation of liberty for a period of more than one year for committing an act, which, in accordance with the laws of Ukraine, is recognized as a crime, if the conviction is not canceled and not removed in the manner prescribed by law;

2) persons who have committed a crime against peace, a war crime or a crime against humanity and mankind, as they are defined in international law, or are wanted in connection with the commission of an act that, in accordance with the laws of Ukraine, is recognized as a serious crime, or they have been notified of suspicion of committing a criminal offense, the pre-trial investigation of which has not been completed;

3) persons suffering from chronic alcoholism, substance abuse, drug addiction or infectious diseases, the list of which is determined by the central executive body that ensures the formation of state policy in the field of healthcare;

4) persons who knowingly provided false information or submitted forged documents in their immigration permit applications;

5) persons who, on the basis of the law, are prohibited from entering the territory of Ukraine;

6) in other cases provided for by the laws of Ukraine.

Therefore, the competent state authority, when making a decision on granting the plaintiff an immigration permit in Ukraine and obtaining a permanent residence permit in Ukraine, carried out the necessary verification of the submitted documents and clarified, within its competence, whether there were grounds for refusing to grant an immigration permit, however, such found no reason.

In turn, the grounds for canceling an immigration permit are defined by Article 12 of the Law of Ukraine "On Immigration", namely, if: 1) it turns out that it was provided on the basis of deliberately false information, forged documents or documents that have become invalid; 2) the immigrant has been sentenced in Ukraine to imprisonment for a term of more than one year and the court verdict has entered into legal force; 3) the immigrant's actions pose a threat to the national security of Ukraine, public order in Ukraine; 4) it is necessary for health care, protection of the rights and legitimate interests of citizens of Ukraine; 5) the immigrant violated the legislation on the legal status of foreigners and stateless persons; 6) in other cases provided for by the laws of Ukraine, the plaintiff was not established.

The plaintiff also has a child who is a citizen of Ukraine.

International treaties ratified by Ukraine established that the child did not separate from the parents against their will, except in cases where the competent authorities, according to a court decision, determine in accordance with the applicable law and procedures that such a divorce is necessary in the best interests of the child. Such a determination may be necessary in one case or another, for example, when the parents are abusive or neglectful of the child, or when the parents live apart and a decision needs to be made about the child's place of residence. Thus, the intervention of a public authority in the plaintiff's family life is unlawful.

Taking into account the above circumstances, the court came to the conclusion that the decision of the DMSU, which canceled the permission to immigrate to Ukraine issued to a citizen of the Russian Federation and canceled the residence permit, is unlawful and must be canceled, and the claims must be satisfied.