Author
The maximum period for detention is 18 months (initial detention for 6 months with the possibility to extend for up to 12 additional months), and the periodic court review of detention must be conducted every 6 months. A request for an extension of the detention period shall be filed no later than five days before its expiry every six months in accordance with the requirements of part twelve of Article 289(12) of the Code of Administrative Judicial Procedure.[1]
Article 289 (18) of the Code of Administrative Procedure of Ukraine provides that, during the examination of a case in the first and appellate instances concerning detention and placement in an MCC, the person concerned must remain in custody until the final judgment enters into force. In practice, this provision allows for prolonged deprivation of liberty even where a court of first instance has refused to authorise detention or placement in an MCC. This is illustrated by the a case represented by Right to Protection: despite the district court’s refusal to order detention and placement in an MCC, the applicant continued to be held in the Mykolaiv MCC solely on the basis of the pending appeal lodged by the migration authorities. Such an automatic and open-ended continuation of detention pending appeal, without an individualised assessment of necessity, proportionality, or alternatives to detention, effectively deprives the person of meaningful judicial protection and results in arbitrary detention contrary to Article 5 of the European Convention on Human Rights. This mechanism shifts the burden onto the detained individual rather than the authorities, normalises preventive detention for migration-related purposes, and undermines the very essence of the right to liberty and effective judicial review.[2]
[1] Para. 5 Model Regulation on the Migrant Custody Centres.
[2] R2P practice in 2025.