Borisov Case a Test of Ukraine’s Commitment to European Human Rights Standards
Brussels, August 14, 2025. European and Ukrainian human rights organizations are appealing to Ukrainian authorities to grant pre-asylum status to Ivan Borisov, a Russian educational video producer and long-time resident of Ukraine, married to a Ukrainian citizen, who has publicly criticized Russia’s assault on Ukraine. In deteriorating health, Borisov is currently detained in Mykolaiv Oblast after the State Migration Service deprived him of his permanent residency status. Human rights organizations say this is not an isolated case, and that the migration authorities have repeatedly violated the law and international standards in the course of the war.
“The Ukrainian State Migration Service is violating the Ukrainian Constitution and the European Convention on Human Rights in this case,” according to Willy Fautre, president of Brussels-based NGO Human Rights Without Frontiers.
“If Ukraine wants European support, it should fulfill its human rights obligations as a member of the Council of Europe,” he added.
Borisov is facing possible extradition to Russia, where he has been sentenced to prison for his opposition to the Russian invasion. He is also threatened with being included in a prisoner exchange with Russia.
“Borisov supports our defense against Russian aggression, and extradition would be a death sentence. He has acted in good faith to comply with regulations, but is apparently being persecuted because of his Russian nationality,” stated Yevgeniy Zakharov, Director of the Kharkiv Human Rights Protection Group.
This statement is endorsed by the following human rights organizations:
Human Rights Without Frontiers International (Belgium)
CAP/Liberté de conscience (France)
Noodt Foundation (Netherlands)
Helsinki Committee for Human Rights in Serbia
Forum for Religious Freedom-Europe (Austria)
Yevgeniy Zakharov, director, Kharkiv Human Rights Protection Group (Kharkiv-Kyiv-Sumy-Mykolaiv)
Oleksandra Matviichuk, Head of the Board, Centre for Civil Liberties (Kyiv)
Oleksander Pavlichenko, Executive Director, Ukrainian Helsinki Human Rights Union
Tetiana Pechonchyk, Head of the Board, Human Rights Centre ZMINA (Kyiv)
Serhiy Burov, executive director, Educational Human Rights House — Chernihiv
Natalia Kozhina, executive director, Human Rights Group “SICH” (Dnipro)
Borys Zakharov, executive director, Human and Law Charitable Foundation
Oleh Tsvilyi, director, “Protection for prisoners of Ukraine” (Kyiv)
Volodymyr Berezin, Head of the Board, NGO BAKHMAT (Donetsk region)
Іnha Dudnik, executive director, non-governmental organization “Terytoriya Uspikhy” (Kropivnitskiy)
Igor Kotelianets, head of NGO Association of Relatives of Political Prisoners of the Kremlin (Kyiv)
Yuriy Lukanov, independent journalist
Background
Ivan Borisov was born on September 3, 1979, in Kirov, Russia. He has been married to Maryna Rubynova, a Ukrainian citizen, since August 16, 2011; the couple lives in Dnipro. In 2018, Borisov obtained a permanent resident certificate from the Ukrainian migration authority based on his marriage.
The migration authority deprived Borisov of his Ukrainian permanent resident status and detained him on June 11, 2025, when he and his wife responded to an invitation to appear for a refugee status application review.
Borisov’s problems began when he wasn’t provided with a new passport for foreign travel by the Russian consulate in Odesa, where he submitted all the necessary documents in December 2021. Russian officials claimed that his passport was never issued, and that he needed to apply again in Russia, or in any other consulate outside Ukraine. Fearing persecution, he decided he would stay in Ukraine. The Ukrainian migration authority in Dnipro told Borisov that he could continue to legally reside in Ukraine even with his expired passport, as his permanent residence certificate was valid then.
Upon his reaching the age of 45 years in 2024, his permanent residence certificate needed to be replaced. But that was possible only if he had a valid Russian passport. Borisov then prepared an application for refugee status. His application was rejected orally, without explanation. His lawyers filed a lawsuit against the migration authority for lawless inactivity. This case was considered in 2025, and is apparently still under consideration.
In 2025, Borisov was put on an international wanted list by the Russia Federal Security Service (FSB), and criminal proceedings were initiated against him in Russia. He was sentenced to four years imprisonment under Subparagraph “c” Paragraph 2 Article 280.4 of the Criminal Code of Russia: “public calls for activities directed against the security of the Russian Federation.” The sentence included texts from his posts on social media asking to donate money to friends serving in the Ukrainian Armed Forces.
Given that new circumstance, Ivan sought to file his application for refugee status with the migration authority once again. On June 5, 2025, he was again rejected, and when he asked for a formal rejection on paper, none was provided. The following day, he filed a written statement about the refusal to review his application for refugee status, and added 65 pages of his application along with proof of his support for Ukraine.
On June 9, 2025, police came to the Borisov’s apartment under orders to deliver Ivan to the migration authority at 7 Lypynskoho Street in Dnipro. Officials issued an administrative protocol for his violation of the migration law, stating that he never applied for his resident permit replacement upon reaching the age of 45 years, but said that if he paid the fine, he could stay in Ukraine legally. The Deputy Head of Department for Illegal Immigration Prevention asked that Ivan appear the next day, as “someone from the top wants to review your application for refugee status.” Borisov and his wife appeared as requested but were told to return the next day due to technical problems.
When they returned on June 11, Ivan was detained, all his Ukrainian documents were revoked, he was identified as an illegal alien and ordered to leave Ukraine before June 19, but he was kept in detention as he had no valid documents whatsoever, as his Russian internal passport also expired when he reached the age of 45. At this point Borisov fell ill with high blood pressure. He was taken to the MCC Detention in the Mykolaiv Region, put under quarantine, allowed no visitors, and could not leave his cell except for three short walks every day, or when he was to be present in court via videoconference. On June 12, the migration authority filed a lawsuit asking to detain Ivan for a period of up to 6 months for his identification and deportation. On June 13, that lawsuit was not satisfied by the court of first instance, so they filed a notice of appeal. That notice of appeal has not yet been considered.
In the course of his efforts to comply with the law and regularize his status, Borisov has been repeatedly harassed and bullied by guards and interrogated by members of some undisclosed Ukrainian security services (possibly the Security Service of Ukraine).