LAW OF UKRAINE
On the legal status of foreigners and stateless persons
This Law defines the legal status of foreigners and stateless persons residing in Ukraine, the powers of state authorities involved in determining such status and acting in the interests of ensuring the rights and freedoms of persons and the national security of Ukraine, and establishes the procedure for entry into and exit from Ukraine of such persons.
Section I.
GENERAL PROVISIONS
Article 1: Definition of terms
1. In this Law, terms are used in the following meanings:
1) forced stop - stay of a foreigner or stateless person on the territory of Ukraine beyond the statutory period for transit through its territory due to extraordinary circumstances (natural disaster, illness, etc.), provided that a document confirming the reason and duration of the delay is available;
2) visa - a permit issued by the authorized body of Ukraine in the form prescribed by Law, which is required for entry into the territory of Ukraine or for transit through its territory and stay in the territory of Ukraine for the relevant period;
3) family reunification - entry and temporary or permanent residence in Ukraine of family members of a foreigner or stateless person who resides in Ukraine on legal grounds and can confirm with relevant documents the availability of sufficient financial support for the maintenance of family members in Ukraine, to live together, regardless of when the family relationship arose - before or after the arrival of the foreigner or stateless person to Ukraine;
4) immigration card - a document containing information about a foreigner or stateless person entering or leaving Ukraine and filled in by the procedure determined by the central executive body responsible for the formation of state policy in the field of state border protection;
5) A permit for the employment of foreigners and stateless persons is a document entitling an employer to temporarily employ a foreigner or stateless person by the procedure established by the legislation of Ukraine or voluntarily obtained by a resident of Diia City to conclude a gig contract with a foreigner or stateless person;
6) foreigner - a person who is not a citizen of Ukraine and is a citizen (subject) of another state or states;
7) foreigners and stateless persons legally residing on the territory of Ukraine - foreigners and stateless persons who entered Ukraine by the procedure established by legislation or an international agreement of Ukraine and permanently or temporarily reside on its territory or temporarily stay in Ukraine;
8) foreigners and stateless persons permanently residing in Ukraine - foreigners and stateless persons who have obtained a permanent residence permit, unless otherwise provided by Law;
9) foreigners and stateless persons temporarily staying on the territory of Ukraine - foreigners and stateless persons staying on the territory of Ukraine for the duration of a visa or the period established by the legislation or international agreement of Ukraine, or if the established procedure extends the period of their stay on the territory of Ukraine;
10) foreigners and stateless persons temporarily residing in Ukraine - foreigners and stateless persons who have received a temporary residence permit, or if the period of their temporary residence in Ukraine has been extended by the established procedur,e unless otherwise provided by Law;
11) country of citizenship - the country or countries of which the person is a citizen (subject);
12) country of previous permanent residence - the country in which a foreigner or stateless person permanently resided before arriving in Ukraine;
13) country of origin of a foreigner or stateless person - the country or countries of citizenship or the country of previous permanent residence;
14) illegal migrant - a foreigner or stateless person who has crossed the state border outside checkpoints or at checkpoints but is avoiding border control and has not immediately applied for refugee status or asylum in Ukraine, as well as a foreigner or stateless person who has legally arrived in Ukraine, but after the expiry of the period of stay determined for them, has lost the grounds for further stay and is evading departure from Ukraine;
15) stateless person - a person who is not considered a citizen by any state under its Law;
16) passport document of a foreigner - a document issued by an authorized body of a foreign state or a UN statutory organization that confirms the citizenship of a foreigner, identifies a foreigner or a stateless person, gives the right to enter or leave the state, and is recognized by Ukraine;
17) permanent residence permit - a document certifying the identity of a foreigner or stateless person and confirming the right to permanent residence in Ukraine;
18) Temporary residence permit - a document certifying the identity of a foreigner or stateless person and confirming the legal grounds for temporary residence in Ukraine;
19) A return identity card is a document issued to a foreigner or stateless person in cases stipulated by international agreements of Ukraine on readmission (reception and transfer of persons);
20) host party - Ukrainian enterprises, institutions, and organizations registered by the procedure established by Law, branches and representative offices of a legal entity established by the laws of a foreign state, as well as individuals (citizens of Ukraine, foreigners, and stateless persons) permanently residing or temporarily staying in Ukraine in connection with study, internship, work or on other legal grounds, who invite or receive foreigners and stateless persons;
21) Certificate of a stateless person for traveling abroad - a document certifying a stateless person when crossing the state border of Ukraine and staying abroad;
22) readmission - the transfer from the territory of Ukraine or admission to the territory of Ukraine of foreigners and stateless persons on the grounds and by the procedure established by international treaties of Ukraine;
23) registration at a state border crossing point - marking the entry in the passport document and/or immigration card of a foreigner or stateless person or other documents provided for by Law, entering information about the foreigner or stateless person, their passport data into the relevant register;
24) transit travel - entry of a foreigner or stateless person into Ukraine from one state, movement within the time specified in the travel ticket (and in the absence of a ticket - the time required to cross the territory of Ukraine by the relevant type of transport) through the territory of Ukraine and departure from Ukraine to another state;
25) third country - a country that is not the country of origin of a foreigner or stateless person;
26) family members of a foreigner or stateless person - husband (wife), minor children, including minor children of the husband (wife), disabled parents, and other persons considered family members by the Law of the country of origin;
27) Temporary stay facility for foreigners and stateless persons illegally staying in Ukraine - a state institution intended for the temporary detention of foreigners and stateless persons:
In respect of whom a court has decided on forced expulsion;
In respect of whom a court has decided to detain for identification and enforcement of forced expulsion, including those made by international agreements on readmission of Ukraine;
arrested by the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, its territorial bodies and subdivisions for the periods and in the manner prescribed by the legislation of Ukraine;
detained by a court decision until the application for recognition as a refugee or a person in need of additional protection in Ukraine or a stateless person is completed;
28) legal representatives of the child - parents (adoptive parents), foster parents, guardians, trustees (including guardians or trustees appointed as such before arrival in Ukraine, or another adult who, before arrival in Ukraine, voluntarily or by the custom of the country of origin, assumed responsibility for the upbringing of the child), representatives of institutions performing the duties of guardians and trustees.
2. The term "child separated from his/her family" is used in this Law in the meaning given in the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection." The terms "Diia City resident" and "gig contract" have the meanings given in the Law of Ukraine "On Stimulating the Development of the Digital Economy in Ukraine."
Article 2. Legislation on the Legal Status of Foreigners and Stateless Persons
1. The legal status of foreigners and stateless persons is determined by the Constitution of Ukraine, as well as other laws of Ukraine and international treaties to which Ukraine is a party.
If an international agreement of Ukraine establishes rules that differ from those provided for in this Law, the rules established by such international agreement shall apply.
Article 3. Principles of the Legal Status of Foreigners and Stateless Persons
1. Foreigners and stateless persons residing in Ukraine on a legal basis enjoy the same rights and freedoms and bear the same responsibilities as Ukrainian citizens, except as provided for in the Constitution, laws, or international treaties of Ukraine.
2. Foreigners and stateless persons under the jurisdiction of Ukraine, regardless of the legality of their stay, have the right to recognition of their legal personality and fundamental human rights and freedoms.
3. Foreigners and stateless persons are obligated to strictly observe the Constitution and laws of Ukraine, as well as other regulatory legal acts, and refrain from infringing upon the rights and freedoms, honor, and dignity of individuals, as well as the interests of society and the state.
Article 4. Grounds for the stay of foreigners and stateless persons on the territory of Ukraine
1. By the Law of Ukraine "On Immigration," foreigners and stateless persons may immigrate to Ukraine for permanent residence.
2. Foreigners and stateless persons who have been recognized as refugees in Ukraine or granted asylum in Ukraine are considered to be permanently residing in the territory of Ukraine from the moment of their recognition as refugees in Ukraine or the granting of asylum in Ukraine. A refugee certificate confirms permanent residence in Ukraine.
3. Foreigners and stateless persons who have been recognized as persons in need of complementary protection or granted temporary protection in Ukraine are considered to be legally residing temporarily in the territory of Ukraine for the period of circumstances in which complementary or temporary protection was granted. Temporary residence on the territory of Ukraine for such foreigners and stateless persons is confirmed by a certificate issued to a person who requires additional protection in Ukraine or a certificate issued to a person who has been granted temporary protection in Ukraine.
4. Foreigners and stateless persons who, by the Law, arrived in Ukraine for employment or conclusion of a gig contract or, while staying legally on the territory of Ukraine in the case provided for in part thirteen of this Article, obtained a permit for the employment of foreigners and stateless persons in Ukraine and a temporary residence permit, shall be considered to be legally staying on the territory of Ukraine for the period of work in Ukraine.
5. Foreigners and stateless persons who have arrived in Ukraine to participate in the implementation of international technical assistance projects registered by the established procedure and have received a temporary residence permit shall be considered to be legally staying in Ukraine for the period of work.
6. Foreigners and stateless persons who arrived in Ukraine to preach religious beliefs, perform religious rites, or other canonical activities at the invitation of religious organizations and in agreement with the state body that registered the relevant religious organization and received a temporary residence permit shall be considered to be legally staying in Ukraine for the period of their activities.
8. Foreigners and stateless persons who have arrived in Ukraine to work in branches and representative offices of a legal entity established by the legislation of a foreign state, registered by the established procedure, and have obtained a temporary residence permit shall be considered to be legally staying in Ukraine for the period of work.
9. Foreigners and stateless persons who have arrived in Ukraine to work in branches or representative offices of foreign banks registered by the established procedure and have obtained a temporary residence permit shall be deemed to be legally staying in Ukraine for the period of work.
10. Foreigners and stateless persons who arrived in Ukraine to carry out cultural, scientific, and educational activities on the grounds and by the procedure established by international treaties of Ukraine or special programs, as well as foreigners and stateless persons who arrived in Ukraine to participate in global and regional volunteer programs or to participate in the activities of organizations and institutions that involve volunteers in their activities by the Law of Ukraine "On Volunteer Activity," information about which is available on the official website
Foreigners (except for citizens of the Russian Federation and the Republic of Belarus) and stateless persons who arrived in Ukraine during the period of martial Law to provide medical care rehabilitation assistance voluntarily as medical workers and rehabilitation specialists and received a temporary residence permit are considered to be legally staying in Ukraine for the period of providing such assistance.
11. Foreigners and stateless persons who have arrived in Ukraine to work as correspondents or representatives of foreign media and have received a temporary residence permit shall be considered to be legally staying in Ukraine for the period of work.
12. Foreigners and stateless persons who are founders and/or shareholders and/or beneficial owners (controllers) of a legal entity registered in Ukraine and who arrived in Ukraine to control the activities of such legal entities and have obtained a temporary residence permit shall be deemed to be legally staying in Ukraine for the period of validity of the license.
The grounds for issuing a temporary residence permit in the case stipulated in this part are as follows:
1) a foreigner or stateless person is a founder and/or participant and/or beneficial owner (controller) of a legal entity, the data of which are entered in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations;
2) the amount of ownership of a foreigner or stateless person, or a foreign legal entity of which they are the beneficiary (controller), in the authorized capital of a Ukrainian legal entity is not less than EUR 100 thousand at the official exchange rate set by the National Bank of Ukraine on the date of making a foreign investment.
13. Foreigners and stateless persons who have arrived in Ukraine to study and have received a temporary residence permit are considered to be legally staying in Ukraine for the period of study.
14. Foreigners and stateless persons who arrived in Ukraine for family reunification with persons who are citizens of Ukraine or who, while staying legally on the territory of Ukraine in the cases referred to in parts three to thirteen of this Article, have married citizens of Ukraine and obtained a temporary residence permit, shall be considered to be legally staying on the territory of Ukraine for the period until they get a permanent residence permit or acquire Ukrainian citizenship.
15. Foreigners and stateless persons who arrived in Ukraine for family reunification with persons referred to in parts two to thirteen and nineteen of this Article and received a temporary residence permit shall be considered to be legally staying on the territory of Ukraine for the period specified in parts two to thirteen and nineteen of this Article, respectively.
16. Foreigners and stateless persons who entered Ukraine on other legal grounds shall be considered to be temporarily staying on the territory of Ukraine on legal grounds for the period of entry permit granted by a visa or for the period established by the legislation or international treaty of Ukraine.
17. Persons in respect of whom a decision has been made to terminate Ukrainian citizenship or in respect of whom a decision to obtain Ukrainian citizenship has been canceled are obliged to leave Ukraine or apply for an immigration permit within 30 days from the date of such a decision.
If, during this time, the person has not left Ukraine, unless they apply for an immigration permit, they are subject to expulsion by the procedure established by Law.
Foreigners and stateless persons who, within 30 days from the date of the decision to terminate Ukrainian citizenship or cancel the decision to obtain Ukrainian citizenship, apply for an immigration permit are considered to be temporarily legally residing in Ukraine.
18. Persons released from temporary accommodation centers for foreigners and stateless persons illegally staying in Ukraine based on a court decision to cancel the decision on their detention or forced expulsion from Ukraine or who were not forcibly expelled from Ukraine before the expiry of the maximum period of stay in such centers due to the lack of a travel document, transport connection with their country of origin or for other reasons beyond their control, shall be recognized as legally temporarily staying
19. Foreigners and stateless persons who have concluded a contract for military service in the Armed Forces of Ukraine, the State Special Transport Service, and the National Guard of Ukraine by the established procedure are considered to be legally residing on the territory of Ukraine for the period of validity of the contract for military service in the Armed Forces of Ukraine, the State Special Transport Service, the National Guard of Ukraine and for three months after its termination (cancellation). Temporary residence on the territory of Ukraine of such foreigners and stateless persons is confirmed by a military registration document (service certificate) of service members, the form, procedure of registration (creation), and issuance of which are determined by the Ministry of Defence of Ukraine and the Ministry of Internal Affairs of Ukraine, respectively.
20. Foreigners and stateless persons who provided instructional (shooting, tactical, medical, radio engineering, explosive and other) assistance to units of the Armed Forces of Ukraine, other military formations formed by the laws of Ukraine, special purpose law enforcement agencies, the Ministry of Internal Affairs of Ukraine involved in the anti-terrorist operation, being directly in the areas of its conduct, and/or involved in the implementation of measures to ensure national security and defense, repulsion and deterrence of weapons
21. Foreigners and stateless persons referred to in paragraphs twenty and twenty-four of this Article shall be considered to be legally residing on the territory of Ukraine on the date of application for a temporary residence permit and until the day of its receipt.
Foreigners and stateless persons referred to in paragraphs 9 (except for persons who continue to perform military service under a contract in the Armed Forces of Ukraine, the State Special Transport Service, or the National Guard of Ukraine) and 10 of part two of Article 4 of the Law of Ukraine "On Immigration," who, within six months after the termination of the contract, applied for an immigration permit, are considered to be temporarily staying on the territory of Ukraine on legal grounds as of the date of application for an immigration permit and until the day of receipt of a permanent residence permit.
Foreigners and stateless persons who have been granted an immigration permit under clause 9 or 10 of part two, clause 1(-) (1)of part three of Article 4 of the Law of Ukraine "On Immigration" and who have received a permanent residence permit are considered to be legally residing in Ukraine, including in cases where their passport document has expired or is subject to exchange.
22. Foreigners and stateless persons residing in Ukraine on a legal basis are required to have a valid passport. In the event of loss or exchange of a passport document, as well as loss or theft of a permanent residence permit or a temporary residence permit, a foreigner or stateless person must notify the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, in writing within three working days.
A person who cannot obtain a passport document because he/she is not considered a citizen by any state by its Law has the right to apply to the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, with an application for recognition as a stateless person, regardless of the legality or illegality of their stay in Ukraine.
23. Persons who are recognized as stateless by the procedure established by this Law and who have received a temporary residence permit shall be considered to be temporarily staying on the territory of Ukraine on legal grounds for the period until they receive a permanent residence permit or acquire Ukrainian citizenship.
24. Foreigners and stateless persons, except for the persons referred to in part nineteen of this Article, who, during the period of martial Law in Ukraine, introduced by the Decree of the President of Ukraine "On the Introduction of Martial Law in Ukraine" of 24 February 2022 No. 64/2022, approved by the Law of Ukraine "On Approval of the Decree of the President of Ukraine "On the Introduction of Martial Law in Ukraine" of 24 February 2022 No. 2102-IX, provide/provided shooting, tactical, radio, explosive, medical and other assistance to the units of the Armed Forces of Ukraine, the National Guard of Ukraine, including territorial defence units, volunteer formations of territorial communities, being directly in the areas of hostilities, and together with such units take/participated in the performance of combat or service tasks for at least six months and who, not later than 12 months from the date of termination or cancellation of martial Law, received a temporary residence permit, are considered to be legally residing in the territory of Ukraine, including in cases where the validity of the passport document has expired or is subject to exchange, for the period of validity of such a permit.
Article 4-1. Responsibilities of the host country
1. The host party that invited foreigners and stateless persons to Ukraine or receives them in Ukraine is obliged to:
1) Take measures to ensure that foreigners and stateless persons submit applications for the right to reside (stay) in Ukraine promptly;
2) to notify of the termination of the grounds for temporary residence or temporary stay in Ukraine of foreigners and stateless persons invited to Ukraine or accepted in Ukraine:
3) to cover the expenses of foreigners and stateless persons related to their stay in and departure from Ukraine.
Article 5. Permanent residence permit and temporary residence permit
1. Foreigners and stateless persons referred to in paragraphs one and seventeen of Article 4 of this Law shall be granted a permanent residence permit.
2. The grounds for issuing a permanent residence permit to foreigners and stateless persons referred to in part seventeen of Article 4 of this Law shall be the relevant decree of the President of Ukraine on the termination of Ukrainian citizenship and applications of such persons.
3. Foreigners and stateless persons referred to in paragraphs four to fifteen, eighteen, twenty, and twenty-four of Article 4 of this Law shall be granted a temporary residence permit.
4. The grounds for issuing a temporary residence permit in the case provided for in part four of Article 4 of this Law shall be an application of a foreigner or stateless person, a valid health insurance policy, a work permit for foreigners and stateless persons (except for foreigners and stateless persons who, by the legislation of Ukraine, have the right to work without obtaining such a permit) and the obligation of the employer or resident of Diia City to notify the central executive body implementing the state policy in the field of migration
For foreigners and stateless persons whose employment is carried out without a permit for the employment of foreigners and stateless persons by the legislation of Ukraine, an employment agreement (contract), a gig contract shall be submitted instead of such a permit, and for persons with the status of a foreign Ukrainian - an employment agreement (contract), a gig contract and a certificate of a foreign Ukrainian.
5. The grounds for issuing a temporary residence permit in the case provided for in part five of Article 4 of this Law shall be an application of a foreigner or stateless person, a valid health insurance policy, and a relevant submission of a state institution, enterprise or organization that is a recipient of an international technical assistance project.
6. The grounds for issuing a temporary residence permit in the case provided for in part six of Article 4 of this Law shall be an application of a foreigner or stateless person, a valid health insurance policy, a submission of the relevant religious organization and the approval of the state body that registered the pertinent religious organization.
8. The grounds for issuing a temporary residence permit in the case stipulated by part eight of Article 4 of this Law shall be an application of a foreigner or stateless person, a valid health insurance policy, submission of a relevant branch or representative office of a legal entity established by the legislation of a foreign state.
9. The grounds for issuing a temporary residence permit in the case provided for in part nine of Article 4 of this Law shall be an application of a foreigner or stateless person, a valid health insurance policy, and a submission from the relevant branch or representative office of a foreign bank in Ukraine.
10. The grounds for issuing a temporary residence permit in the case stipulated by part ten of Article 4 of this Law are an application of a foreigner or a stateless person, a valid health insurance policy, a submission of the relevant state body responsible for the implementation of cultural, educational, scientific, sports, volunteer programs for which the foreigner or stateless person arrived in Ukraine, or an organization or institution that engages volunteers in its activities, information about which is posted on the official website of the central body
11. The grounds for issuing a temporary residence permit in the case stipulated by part eleven of Article 4 of this Law shall be an application of a foreigner or stateless person, a valid health insurance policy, an application of a foreign media outlet and a submission of the central executive body implementing the state policy in the field of ensuring the information sovereignty of Ukraine.
12. The grounds for issuance of a temporary residence permit in the case stipulated in part twelve of Article 4 of this Law are:
1) application of a foreigner or stateless person;
2) a valid health insurance policy;
3) a written obligation of the legal entity to notify the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, of the loss by a foreigner or stateless person of the status of a founder and/or participant and/or beneficial owner (controller) of this legal entity;
4) other documents depending on the form of foreign investment:
a copy of the legal entity's constituent document;
information on the amount of a foreigner's or stateless person's share in the founder (participant) of a legal entity for at least EUR 100 thousand at the official exchange rate set by the National Bank of Ukraine on the date of making a foreign investment as a contribution to the charter capital if the foreign investment is made in cash;
a copy of the cargo customs declaration for movable property transferred as a contribution to the charter capital of a legal entity, and a copy of the act of acceptance and transfer of such property if the foreign investment is made in the form of property;
a copy of the transfer and acceptance certificate for movable or immovable property transferred as a contribution to the charter capital of a legal entity if the foreign investment is made in the form of property, but such property was acquired in Ukraine;
a securities account statement if the foreigner or stateless person is a shareholder of a joint-stock company registered in Ukraine.
The documents specified in paragraphs two to six of clause 4 of this part shall be certified by an authorized official of the legal entity.
The territorial body of the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, independently obtains information to decide on issuing a temporary residence permit:
that a foreigner or stateless person is a founder and/or participant and/or beneficial owner (controller) of a legal entity - from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations;
on the official exchange rate set by the National Bank of Ukraine on the date of making a foreign investment, from the official website of the National Bank of Ukraine.
13. The grounds for issuing a temporary residence permit in the case stipulated in part thirteen of Article 4 of this Law shall be an application of a foreigner or stateless person, a valid health insurance policy, a document confirming the fact of studying in Ukraine, and an obligation of the educational institution to notify the central executive authority, that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, about expulsion from such an institution.
14. The grounds for issuing a temporary residence permit, as stipulated in part fourteen of Article 4 of this Law, are an application by a foreigner or stateless person and a document confirming the fact of marriage to a citizen of Ukraine, as well as a valid health insurance policy. Suppose a marriage between a citizen of Ukraine and a foreigner or stateless person was concluded outside Ukraine by the Law of a foreign state. In that case, the validity of such a marriage shall be determined by the Law of Ukraine's "On Private International Law."
15. The grounds for issuing a temporary residence permit in the case stipulated in part fifteen of Article 4 of this Law shall be an application of a foreigner or stateless person, a valid health insurance policy, and a document according to which they are considered family members of a person referred to in parts two to thirteen and nineteen of Article 4 of this Law, by the Law of the country of origin of the foreigner or stateless person. A document confirming family membership shall be recognized as valid in Ukraine upon legalization unless otherwise provided by Law or an international treaty of Ukraine.
16. The grounds for issuing a temporary residence permit in the case envisaged by part eighteen of Article 4 of this Law shall be an application of a foreigner or stateless person submitted after the expiry of the maximum period of detention in the temporary stay centre for foreigners and stateless persons, who are illegally staying in Ukraine, as well as the conclusion of the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, on the impossibility of forced expulsion of a foreigner or stateless person from Ukraine due to the absence of a travel document, transport connection with the country of origin of the foreigner or stateless person or for reasons beyond the control of such persons, after the expiry of the period of detention in the temporary stay facility for foreigners and stateless persons illegally staying in the territory of Ukraine, or if the technical impossibility of forced expulsion of a foreigner has been clarified
17. The grounds for issuing a temporary residence permit for persons referred to in part twenty of Article 4 of this Law shall be an application of a foreigner or stateless person and one of the following documents:
1) a submission from the Ministry of Defence of Ukraine, another central executive body responsible for the management of military formations established by the laws of Ukraine, or a law enforcement agency or a special purpose state body with law enforcement functions that performed the tasks of the anti-terrorist operation, took measures to ensure national security and defense, repulse and deter the armed aggression of the Russian Federation in Donetsk and Luhansk regions;
2) a petition of the commander of a unit of the Armed Forces of Ukraine, other military formations formed by the laws of Ukraine, law enforcement agencies, state special purpose bodies with law enforcement functions that performed the tasks of the anti-terrorist operation, took measures to ensure national security and defense, repulse and deter the armed aggression of the Russian Federation in Donetsk and Luhansk regions, drawn up by the model and procedure established by the Cabinet of Ministers of Ukraine.
In the event of a written refusal to submit a submission or petition provided for in paragraphs 1 and 2 of this part, a foreigner and stateless person may submit, together with the relevant application, a court decision establishing the fact of his/her affiliation with the persons referred to in part twenty of Article 4 of this Law.
18. The grounds for issuing a temporary residence permit for persons referred to in part twenty-four of Article 4 of this Law shall be an application of a foreigner or stateless person and a submission of the Ministry of Defence of Ukraine or the Ministry of Internal Affairs of Ukraine prepared based on information received by the procedure established by the Cabinet of Ministers of Ukraine, stating that a foreigner or stateless person during the period of martial Law in Ukraine, introduced by the Decree of the President of Ukraine "On the introduction of martial law in Ukraine" of 24 February 2022 No. 64/2022, was approved
19. In addition to the documents for the respective category of persons specified in parts one to eighteen and twenty-three of this Article, foreigners and stateless persons shall submit the following documents for obtaining a temporary residence permit:
2) a passport document of a foreigner or stateless person with a corresponding long-term visa (a long-term visa is not required for foreigners and stateless persons who arrived in Ukraine for family reunification with persons referred to in part nineteen of Article 4 of this Law, as well as for foreigners and stateless persons who are not required to obtain such a visa by this Law, other laws of Ukraine or international treaties of Ukraine) and a copy of the page of the passport document with such a visa. Foreigners or stateless persons referred to in part twenty or twenty-four of Article 4 of this Law may submit a passport document that has expired or is subject to exchange if the person is obliged to apply to the state authorities of the country of citizenship or the country of previous permanent residence for a new document, if such country has committed an act of armed aggression against Ukraine or does not recognize the territorial integrity and sovereignty of Ukraine, or refuses to recognize the unlawfulness of
3) copies of the pages of the passport document of a foreigner or stateless person with personal data, with a translation into Ukrainian, certified by the established procedure;
4) a document confirming payment of the administrative fee.
The authorized body returns the passport document to the person immediately after accepting the application for a certificate.
20. The grounds for issuing a temporary residence permit in the case envisaged by part twenty-three of Article 4 of this Law shall be an application of a person recognized as stateless, a copy of the decision on recognition of a person as stateless issued by the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, and a written obligation of the person to notify the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, in writing within 30 days of obtaining the citizenship of any state.
21. The territorial body/territorial subdivision of the central executive body that implements the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, shall verify the address of residence of a foreigner or stateless person to confirm the information provided by him/her in the application for a permanent residence permit or a temporary residence permit.
22. The technical description, samples of permanent residence permit and temporary residence permit forms, the procedure for registration, issuance, exchange, cancellation, transfer, withdrawal, return to the state, invalidation, and destruction of permanent residence permits and temporary residence permits are established by the Cabinet of Ministers of Ukraine.
23. The grounds for issuing a temporary residence permit in the case stipulated in the second paragraph of part ten of Article 4 of this Law shall be an application of a foreigner (except for citizens of the Russian Federation and the Republic of Belarus) or a stateless person, a valid health insurance policy, a submission of a healthcare institution or other enterprise, institution or organization that has engaged foreigners or stateless persons who meet the requirements for education and professional qualifications and have
Article 5-1. Validity of a temporary residence permit
1. The validity period of a temporary residence permit for the respective categories of foreigners and stateless persons is as follows:
1) in the case specified in part four of Article 4 of this Law, the validity period of the work permit for foreigners and stateless persons, unless otherwise provided by Law or an international agreement of Ukraine;
2) in the case specified in part five of Article 4 of this Law, the term of implementation of the international technical assistance project, which is defined in the project registration card;
3) in the case specified in part twelve of Article 4 of this Law - two years;
4) in the case specified in part thirteen of Article 4 of this Law, the period of study specified in the document confirming the fact of study in Ukraine;
4-1) in the case specified in part twenty of Article 4 of this Law, three years;
4-2) in the case specified in part twenty-four of Article 4 of this Law - four years;
5) in all other cases specified in Article 4 of this Law - by the submitted documents, but not for more than one year.
Article 5-2. Obtaining a long-term visa for a temporary residence permit
1. Foreigners and stateless persons are required to obtain a long-term visa to obtain a temporary residence permit in Ukraine unless otherwise provided by Ukrainian Law or international treaty.
This requirement does not apply to foreigners and stateless persons in respect of whom a decision has been made to process documents to resolve the issue of recognition as a refugee or a person in need of complementary protection.
2. The requirement stipulated by the first paragraph of part one of this Article shall not apply to foreigners and stateless persons in the case of:
2) obtaining a residence permit for the first time by children of foreigners and stateless persons staying in Ukraine by paragraphs fourteen and fifteen of Article 4 of this Law, provided that at the time of reaching the age of 16, they were legally staying in Ukraine and applied for a residence permit within one month from the date of reaching the age of 16.
Article 6. Recognition of a Foreigner or Stateless Person as a Refugee, a Person in Need of Complementary Protection, and Granting Temporary Protection
1. A foreigner or stateless person may be recognized as a refugee or a person in need of complementary protection, or the procedure established by Law may grant them temporary protection.
Article 6-1. Recognition of statelessness
1. A written application for recognition as a stateless person shall be submitted in person in paper form to a territorial body or a territorial subdivision of the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law (if established), by an adult person of legal capacity at the place of his/her residence.
Information about the child is provided in the application of one of their legal representatives. An application for the recognition of a child separated from his/her family as a stateless person shall be submitted by one of his/her legal representatives. Their legal representative submits an application for recognition of an incapacitated person as a stateless person and an authorized person of the central executive body implementing the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, makes a corresponding inscription on the application. Suppose a person is unable to personally draw up an application for recognition as a stateless person due to illiteracy or physical disabilities. In that case, the application shall be drawn up at his/her request by an authorized person of the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, and the application is marked accordingly.
The application shall be accompanied by an identity document or a document granting the right to enter or leave the state issued by a foreign state (if any), a document certifying the fact of not being a citizen of another state (if any), or another document confirming the information contained in the application. If the person applying for statelessness does not have the above documents, upon their written consent, relatives, neighbors, or other persons (at least three) who can confirm the facts stated in the application are interviewed.
A person who applies for statelessness has the right to an interview with authorized persons of the central executive body that implements the state policy in the field of migration (immigration and emigration), including counteracting illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law.
A person who applies for recognition as a stateless person is obliged to cooperate with the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, to appear for interviews, and to provide evidence for recognition as a stateless person.
The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, shall provide a free of charge interpreter from the language spoken by such person, as well as a written translation of his/her documents.
When applying for statelessness, a person provides their biometric data for their recording.
After applying for recognition as a stateless person, a person has no right to change it. The applicant may not withdraw their application for recognition as a stateless person if a decision on recognition as a stateless person or a refusal to recognize them as such has already been made.
2. The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, within six months from the date of submission of the application for recognition as a stateless person, based on all available information and documents, decides on recognition as a stateless person or refusal to recognize a stateless person. The term for consideration of such an application may be extended by an authorized person of the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, up to 12 months.
When considering an application for recognition as a stateless person, the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, takes the necessary measures to collect information from the place of birth of such a person, countries or areas of his/her previous permanent and long-term residence, as well as from the country of citizenship of his/her family members.
During the period of consideration of an application for recognition as a stateless person, a person is considered to be temporarily residing in Ukraine on a legal basis. To confirm this, the person is issued a certificate in the established form upon application for recognition as a stateless person.
If, during the procedure for recognizing a stateless person, circumstances are revealed that may indicate the existence of conditions for identifying a person as a refugee or a person in need of complementary protection by the Law of Ukraine "On Refugees and Persons in Need of Complementary or Temporary Protection," consideration of the application for recognition as a stateless person is suspended until the application for recognition as a refugee or a person in need of complementary protection is completed. Depending on the results of considering the application for recognition as a refugee or a person in need of complementary protection, the procedure for proceedings on the application for recognition as a stateless person is either resumed or the proceedings are closed.
If, in the course of the procedure for recognition as a stateless person, circumstances are discovered that may indicate that the person belongs to the citizenship of Ukraine by the Law of Ukraine "On Citizenship of Ukraine," consideration of the application for recognition as a stateless person is suspended until the verification of citizenship of Ukraine is completed. Depending on the results of such verification, the procedure for proceedings on an application for recognition as a stateless person is resumed, or the proceedings are closed.
3. The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, shall decide to refuse to recognize a stateless person in case
a person who has applied for recognition as a stateless person is a citizen of Ukraine or another state, provided that their citizenship has been recognized by the competent authority of that state and the applicant has been documented by the legislation of that state;
a person who has applied for statelessness has deliberately submitted invalid (except for documents that have become invalid due to the expiry of their validity), forged documents, or provided false information about themself regarding the circumstances that affect the determination of their status;
the person who has applied for statelessness has committed a crime against peace, a war crime, or a crime against humanity, as defined by international instruments designed to prevent such crimes, or has committed a serious non-political crime outside the country of residence before being admitted to that country, or is guilty of acts contrary to the purposes and principles of the United Nations.
After deciding to refuse to recognize a stateless person, within three working days, the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, shall send a notice of refusal to the person who has applied for recognition as a stateless person or his/her legal representative, indicating the grounds for refusal by this Law t
4. A decision to refuse to recognize a stateless person may be appealed by a person who has applied for recognition as a stateless person or his/her legal representative to an administrative court within 20 working days from the date of receipt of the notification of refusal to recognize a stateless person.
If a person who has applied for statelessness has exercised the right to appeal, the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, extends the validity of his/her certificate of application for statelessness for the period until the final consideration of his/her application.
If a person who has applied for statelessness has not exercised the right to appeal, the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of natural persons refugees and other categories of migrants defined by Law, withdraws the certificate of application for statelessness, returns the original documents submitted with the application for statelessness (if any), and decides on voluntary or forced return or forced expulsion.
5. A decision on recognition of a stateless person shall be withdrawn or declared invalid on the grounds provided for in part three of this Article. After deciding to revoke or invalidate a decision on recognition of a stateless person within three working days, the central executive body implementing the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, shall send a notice to such a stateless person or his/her legal representative, indicating the grounds for revocation or invalidation. A decision to revoke or invalidate a decision on recognition of a stateless person may be appealed to an administrative court within 20 working days from the date of receipt of the notification of revocation or invalidation of the decision.
If a person in respect of whom a decision on revocation or invalidation of a decision on recognition as a stateless person has exercised the right to appeal, the central executive body implementing the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship registration of individuals, refugees and other categories of migrants defined by legislation, does not withdraw a temporary or permanent residence permit and a stateless person's certificate for traveling abroad (if any) until the final decision on the revocation or invalidation of the decision on recognition as a stateless person is made.
If the person in respect of whom the decision to revoke or invalidate the decision on statelessness has not exercised the right to appeal, the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship registration of individuals, refugees and other categories of migrants defined by Law, withdraws a temporary or permanent residence permit and a stateless person's certificate for traveling abroad (if any) obtained based on a decision on recognition as a stateless person, and decides on voluntary or forced return or forced expulsion.
6. The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, keeps records of persons who have applied for recognition as stateless, in respect of whom a decision has been made to recognize or refuse to recognize a stateless person and to revoke or invalidate a decision to admit a stateless person, as well as stateless persons who have been issued permanent or temporary residence permits and stateless person certificates for traveling abroad by the requirements of the Law of Ukraine "On the Unified State Demographic Register and Documents Confirming Ukrainian Citizenship, Identity or Special Status."
7. The procedure for considering applications for recognition as a stateless person, samples of such applications, and certificates of application for recognition as a stateless person are established by the Cabinet of Ministers of Ukraine.
Article 7. Granting of asylum
1. The procedure established by Law may grant asylum to foreigners and stateless persons.
Article 8. Acquisition of Citizenship of Ukraine
1. Foreigners and stateless persons may acquire Ukrainian citizenship by the procedure established by the Law of Ukraine "On Citizenship of Ukraine."
Section II.
ENTERING AND LEAVING UKRAINE
Article 9. Entry into Ukraine of Foreigners and Stateless Persons and Terms of Their Stay in Ukraine
1. Foreigners and stateless persons shall enter Ukraine in possession of a passport document specified by this Law or an international treaty of Ukraine, and a visa obtained by the established procedure, unless otherwise provided by the legislation or international treaties of Ukraine. This rule does not apply to foreigners and stateless persons who cross the state border of Ukraine to be recognized as refugees, persons in need of additional or temporary protection, or asylum seekers.
2. Foreigners and stateless persons are obliged to submit their biometric data for recording at border control points across the state border.
3. Ukrainian legislation or an international agreement of Ukraine establishes the period of stay for foreigners and stateless persons in Ukraine.
Article 10. Issuance of a visa
1. When applying for a visa, foreigners and stateless persons are required to submit their biometric data for recording unless otherwise specified by Ukrainian legislation or international agreements. The rules for issuing visas to foreigners and stateless persons, including the submission of biometric data during visa issuance and the list of required documents for obtaining a visa, are established by the Cabinet of Ministers of Ukraine.
2. The decision to issue a visa is made by established procedures by a diplomatic mission or consular post of Ukraine, the Ministry of Foreign Affairs of Ukraine, or a representative office of the Ministry of Foreign Affairs of Ukraine in Ukraine.
Article 11. Grounds for refusal to grant a visa
1. A foreigner or stateless person may be refused a visa if:
threats to the national security of the state or the protection of public order, healthcare, protection of the rights and legitimate interests of Ukrainian citizens and other persons residing in Ukraine;
being in the database of persons who are not allowed to enter Ukraine or have their right to leave Ukraine temporarily restricted under Ukrainian Law;
submission of an invalid passport document or a passport document belonging to another person;
submission of knowingly false information or forged documents;
absence of a valid health insurance policy provided that it can be issued in the territory of the state in which the relevant visa application is submitted;
Lack of sufficient financial security for the period of the planned stay and for returning to the country of origin or transit to a third country, or the possibility of obtaining sufficient financial security in a legal way in Ukraine;
lack of evidence confirming the purpose of the planned stay;
absence of documents that make it possible to establish the applicant's intention to leave the territory of Ukraine before the visa expires;
the applicant's refusal to submit their biometric data for their recording unless otherwise provided by the legislation or international treaties of Ukraine;
The applicant's request to terminate the consideration of the visa application.
2. The decision to refuse to grant a visa is made by the authorized bodies that have the authority to grant and issue it.
Article 12. Grounds for visa cancellation
1. A visa may be canceled during border control on the grounds and by the procedures established by the Law of Ukraine "On Border Control."
2. A visa is canceled during the stay of a foreigner or stateless person on the territory of Ukraine in the following cases:
detection of the fact that a person has submitted an invalid passport or other documents issued to another person, forged other documents, or has submitted knowingly false information when applying for a visa;
deciding on the forced return or forced expulsion of a foreigner or stateless person from the territory of Ukraine.
3. 3. The visa is cancelled:
in cases stipulated by the second paragraph of Part Two of this Article - by authorized officials of the central executive body implementing the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, or the state border protection body;
In cases provided for in paragraph three of Part Two of this Article, by authorized officials of the body that made the decision on forced return or that filed a claim to the court for a decision on forced expulsion, after the court has made such a decision.
4. The procedure provided by Law may allow an appeal of the decision to cancel a visa.
Article 13. Grounds for Prohibiting the Entry of Foreigners and Stateless Persons into Ukraine
1. A foreigner or stateless person is not allowed to enter Ukraine:
In the interests of ensuring the national security of Ukraine and preventing other unlawful acts that directly threaten the vital interests of Ukraine, or fighting organized crime;
if it is necessary to protect the health, rights, and legitimate interests of Ukrainian citizens and other persons residing in Ukraine;
If, when applying for entry into Ukraine, such a person submitted knowingly false information or forged documents about themself;
If such a person's passport document or visa is forged, damaged, or does not comply with the established standard, or belongs to another person;
if such a person has violated the rules of crossing the state border of Ukraine, customs rules, sanitary norms, or regulations at the checkpoint of the state border of Ukraine or has failed to comply with the lawful requirements of officials and employees of the state border protection bodies, customs and other bodies exercising control at the state border;
if, during their previous stay in Ukraine, a foreigner or stateless person failed to comply with a court decision or a decision of state authorities authorized to impose administrative penalties or have other unfulfilled property obligations to the state, individuals, or legal entities, including those related to previous expulsion, including after the expiry of the ban on further entry into Ukraine;
If such a person has entered or left the temporarily occupied territory of Ukraine or the area of the anti-terrorist operation in violation of the procedure established by the legislation of Ukraine or has attempted to enter or leave these territories outside the entry-exit control points;
2. If there are grounds specified in paragraphs two, seven, and eight of Part One of this Article, information about a foreigner or stateless person shall be entered into the database of persons who are not allowed to enter Ukraine or are temporarily restricted from leaving Ukraine by the legislation of Ukraine.
3. The decision to ban entry to Ukraine for three years is taken by the central executive body implementing the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, the Security Service of Ukraine or the state border protection body, or an authorized unit of the National Police of Ukraine. In case of failure to comply with the decision to ban entry into Ukraine, foreigners, and stateless persons are prohibited from further entry into Ukraine for ten years, which is added to the Part of the period of prohibition of entry into Ukraine that has not expired until the adoption of a second decision to ban entry into Ukraine.
Article 14. Return of foreigners and stateless persons who are not allowed to enter Ukraine
1. Foreigners and stateless persons who are not allowed to enter Ukraine when attempting to enter Ukraine at a checkpoint across the state border of Ukraine do not cross the state border of Ukraine and return as soon as possible to the state from which they came or to the state that issued the passport document.
If it is impossible to return a foreigner or stateless person immediately, they are held at a checkpoint across the state border of Ukraine until they can be returned.
Such foreigners and stateless persons shall have their passports marked with a note prohibiting entry into Ukraine for the period specified in the decision taken by Part Three of Article 13 of this Law.
2. Foreigners and stateless persons who illegally cross the state border of Ukraine outside checkpoints shall be detained and, if their violation of Ukrainian legislation does not provide for criminal liability, returned to their country of previous residence by established procedures.
Foreigners and stateless persons are prohibited from entering Ukraine for five years by the state border protection authorities. According to the procedure established by the Cabinet of Ministers of Ukraine, information about them is entered into the database of persons who are not allowed to enter Ukraine or are temporarily restricted from leaving Ukraine by Ukrainian legislation.
3. During detention, state border protection bodies ensure the fingerprinting and, if necessary, the collection of other biometric data of foreigners and stateless persons by the Law.
Article 14-1. Return of foreigners and stateless persons to the temporarily occupied territory
1. Foreigners and stateless persons who have arrived at the entry-exit control points from the temporarily occupied territory without the appropriate permit are not allowed further travel. They are returned as soon as possible to the temporarily occupied territory from which they arrived or to the state that issued the passport document.
If it is not possible to return a foreigner or stateless person immediately, they are held at the entry-exit control point until they can be returned.
Such foreigners and stateless persons shall have their passports marked with a note prohibiting entry into Ukraine for the period specified in the decision taken by Part Three of Article 13 of this Law.
Article 15. Documents for Entry into and Exit from Ukraine by Foreigners and Stateless Persons
1. Entry to and exit from Ukraine are carried out:
foreigners and stateless persons - based on a passport document with a relevant visa, unless another procedure for entry and exit is established by the legislation or an international agreement of Ukraine;
foreigners permanently residing in the territory of Ukraine - based on a passport document and a permanent residence permit;
stateless persons permanently or temporarily living in the territory of Ukraine - based on a stateless person's certificate for traveling abroad;
foreigners and stateless persons who are recognized as refugees in Ukraine or persons in need of additional protection in Ukraine - with a travel document for traveling abroad;
foreigners and stateless persons married to Ukrainian citizens - based on a passport and a temporary residence permit;
foreigners and stateless persons who are married to persons referred to in parts two to twelve of Article 4 of this Law, based on a passport and a temporary residence permit;
foreigners and stateless persons staying in Ukraine in connection with employment - based on a passport and a temporary residence permit;
foreigners and stateless persons staying in Ukraine in connection with participation in the implementation of international technical assistance projects - based on a passport and a temporary residence permit;
foreigners and stateless persons who are in Ukraine in connection with participation in the activities of religious organizations - based on a passport and a temporary residence permit;
foreigners and stateless persons working in branches and representative offices of a legal entity established by the laws of a foreign country - based on a passport and a temporary residence permit;
foreigners and stateless persons working in branches or representative offices of foreign banks in Ukraine - based on a passport and a temporary residence permit;
foreigners and stateless persons who are in Ukraine in connection with cultural, scientific, and educational activities on the grounds and by the procedure established by international agreements of Ukraine or special programs, as well as foreigners and stateless persons who are in Ukraine to participate in international and regional volunteer programs or to participate in the activities of organizations and institutions that involve volunteers in their activities by the Law of Ukraine "On Volunteer Activities," information about which is available on the official website of the
foreigners and stateless persons working as correspondents or representatives of foreign media in Ukraine - based on a passport and a temporary residence permit;
foreigners and stateless persons studying in educational institutions of Ukraine for at least one year - based on a passport and a temporary residence permit;
foreigners - citizens of states that may enter Ukraine without a visa by the legislation of Ukraine or an international agreement of Ukraine - based on a passport or other document, if provided for by an international agreement of Ukraine;
foreigners who are citizens of states with which agreements on local border traffic have been concluded - based on documents entitling them to cross the state border within the local border traffic, issued by diplomatic missions and consular offices of Ukraine by the procedure established by the Ministry of Foreign Affairs of Ukraine;
foreigners and stateless persons performing military service under a contract in the Armed Forces of Ukraine, the State Special Transport Service, or the National Guard of Ukraine - based on a passport document and a military registration document (service certificate) of military personnel, the form, procedure for registration (creation) and issuance of which are determined by the Ministry of Defence of Ukraine and the Ministry of Internal Affairs of Ukraine, respectively.
2. Persons referred to in Part Five of Article 16 of this Law may enter and leave Ukraine based on passport documents and accreditation cards.
Article 16. Registration of Foreigners and Stateless Persons Entering or Staying in the Territory of Ukraine
1. Registration of foreigners and stateless persons entering Ukraine is carried out at checkpoints across the state border of Ukraine by the state border protection authorities.
2. The mark on the registration of a foreigner or stateless person in a passport document and/or immigration card or other documents provided for by Ukrainian legislation is valid throughout Ukraine, regardless of the place of stay or residence of the foreigner or stateless person in Ukraine.
3. The rules on the registration of foreigners and stateless persons do not apply to persons who, to be recognized as refugees in Ukraine, as persons in need of additional protection in Ukraine, or as asylum seekers or recipients of temporary protection, have entered Ukraine illegally. The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, shall register foreigners and stateless persons covered by the Law on refugees and persons in need of additional or temporary protection in Ukraine only if they have one of the documents issued to such persons by the said Law.
4. The following foreigners and stateless persons are exempt from registration:
heads of state and governments of foreign countries, members of parliamentary and governmental delegations, technical staff serving such delegations (persons) and their family members who arrived in Ukraine at the invitation of the President of Ukraine, the Verkhovna Rada of Ukraine or the Cabinet of Ministers of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea or the Council of Ministers of the Autonomous Republic of Crimea, ministries, other central executive authorities of Ukraine; persons and family members of persons who arrived in Ukraine based on certificates of the United Nations and UN organizations;
foreigners or stateless persons under the age of eighteen;
foreign tourists taking a cruise;
crew members of foreign warships (aircraft) that have arrived in Ukraine by the established procedure;
persons who are members of the crews of foreign non-military vessels;
persons who are members of the crew of civil aircraft of international airlines and crews of international trains when staying at airports or at stations specified in the timetable.
5. 5. The Ministry of Foreign Affairs of Ukraine carries out the registration:
Heads of foreign diplomatic missions and consular offices, members of diplomatic staff, consular officials, administrative, technical, and service staff of diplomatic missions and consular offices, employees of the staff of military attaches and trade missions, and their wives (husbands), children, parents who are dependent on the above persons;
Employees of foreign affairs bodies of foreign countries who arrived in Ukraine on official business and hold a diplomatic or service passport, and their family members;
officials of international organizations who have arrived in Ukraine on official business, employees of representative offices of such organizations in Ukraine, as well as employees of state missions to international organizations headquartered in Ukraine and enjoying diplomatic privileges and immunity by the statutory documents of the said organizations or relevant international agreements, as well as their family members;
private domestic workers (employees) of members of diplomatic staff, consular officials and administrative and technical staff of diplomatic missions and consular offices of foreign countries, officials of international organizations who arrived in Ukraine on official business, employees of representative offices of such organizations in Ukraine, employees of state missions to international organizations headquartered in Ukraine, as well as members of their families;
Students from higher education institutions in foreign countries, sent by the foreign ministries of these countries or the headquarters of international organizations, who are undergoing internships and/or training at diplomatic missions, consular offices, and representative offices of international organizations and their state missions to international organizations headquartered in Ukraine.
The procedure for registration of persons referred to in this Part shall be determined by the Ministry of Foreign Affairs of Ukraine. The registration of persons referred to in paragraphs five and six of this Part shall be carried out in compliance with the principle of reciprocity.
Article 17. Extension of the Term of Stay or Temporary Residence of Foreigners and Stateless Persons in the Territory of Ukraine
1. A foreigner or stateless person temporarily residing in Ukraine may extend the period of stay in Ukraine for the period of existence of reasonable grounds for further stay.
The following documents are required to extend the period of stay in Ukraine:
1) written applications of the foreigner or stateless person and the host party submitted in person to the territorial body or subdivision of the central executive body implementing the state policy in the spheres of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law (if any), at the place of residence of a foreigner or stateless person at least three working days before the expiry of the established period of stay in Ukraine;
2) documents confirming the existence of grounds for further stay in Ukraine;
3) a passport document of a foreigner or stateless person and copies of the pages of the passport document of a foreigner or stateless person containing personal data, with a translation into Ukrainian, certified by the established procedure. A person who has performed military service under contract in the Armed Forces of Ukraine, the State Special Transport Service, or the National Guard of Ukraine, as well as those referred to in paragraph 1(-)(1)of Part three of Article 4 of the Law of Ukraine "On Immigration," may submit a passport document that has expired or is subject to exchange, if the person is obliged to apply to the state authorities of the country of citizenship or the country of previous permanent residence to obtain a new document, if such a country has committed an act of armed aggression against Ukraine or does not recognize the territorial integrity and sovereignty of Ukraine, or refuses to recognize the illegality of encroachments on the territorial integrity and sovereignty of Ukraine, in particular, voted against the United Nations General Assembly Resolution "On the Territorial Integrity of Ukraine" of 27 March 2014 No. 68/262;
4) passport (passport document) of the host party (individual) or representative of the host party (legal entity);
5) documents confirming the availability of sufficient financial security to cover the costs associated with the stay of a foreigner or stateless person in Ukraine or relevant guarantees from the host party.
After applying, a foreigner or stateless person has no right to change it. The applicant cannot withdraw the application if the decision to extend the period of stay or refuse to extend the period of stay has already been made.
Documents issued by the competent authorities of a foreign state, submitted to extend the period of stay in Ukraine, are subject to legalization by the established procedure unless otherwise provided for in international agreements of Ukraine. Such documents shall be submitted with a translation into Ukrainian, the correctness of which shall be certified by a notary.
When submitting documents for the extension of the period of stay on the territory of Ukraine, a foreigner or a stateless person shall present the originals of the documents specified in paragraphs 1-5 of this Part.
The application shall be accompanied by the originals of the documents referred to in paragraphs 1 and 5 and copies of the documents referred to in paragraphs 2-4 of this Part. The originals of the documents referred to in paragraphs 2-4 of this Part shall be returned to the foreigner or stateless person.
2. Extension of the period of stay in Ukraine is refused in the case of:
1) lack of sufficient financial security to cover the costs associated with the stay of a foreigner or stateless person in Ukraine, or appropriate guarantees from the host party;
2) when there are reasonable grounds to believe that a foreigner or stateless person has grounds and a purpose of stay in Ukraine other than those stated in the application;
3) when a foreigner or stateless person has not submitted appropriate confirmation of the grounds for further stay in the territory of Ukraine;
4) when the data obtained from the relevant automated information and reference systems, registers of state bodies, do not confirm the information provided by the foreigner or stateless person;
5) submission by a foreigner or stateless person of knowingly false information, forged or invalid documents;
6) when the facts of a foreigner or stateless person's failure to comply with a court decision or a decision of state authorities authorized to impose administrative penalties are revealed, or they have other property obligations to the state, individuals or legal entities, or an unenforced decision of an authorized state body on forced return, forced expulsion or prohibition of entry into Ukraine is in force;
7) the need to ensure national security or public order;
8) the need to protect the health, rights, and legitimate interests of Ukrainian citizens and other persons residing in Ukraine.
The decision to refuse to extend the applicant's stay in Ukraine may be appealed in court or administratively, by the Law of Ukraine "On Administrative Procedure," taking into account the specifics defined by this Law.
The complaint is filed administratively within 10 working days from the date of notification of the decision to the person.
3. An administrative fee of 0.1 of the subsistence minimum established for non-disabled persons as of 1 January of the calendar year is charged for the extension of the period of stay.
4. A foreigner or a stateless person who, no later than the last day of the temporary residence permit validity period, applied for its exchange shall have the temporary residence period extended for the period necessary for consideration of such an application. No fee is charged for extending the temporary residence period.
5. Foreigners or stateless persons applying for an extension of their period of stay or temporary residence are required to submit their biometric data for recording.
6. Extension of the term of stay and temporary residence on the territory of Ukraine is carried out by the central executive body that implements the state policy in the areas of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, by the procedure established by the Cabinet of Ministers of Ukraine.
Article 18. Issuance of an identity document for return
1. An identity card for return is issued by the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law.
2. The rules for the design, issuance, and form of the identity card for return are determined by the Cabinet of Ministers of Ukraine unless otherwise provided by the laws of Ukraine.
Article 19: Issuance of a stateless person's certificate for traveling abroad
1. A stateless person who permanently or temporarily resides in the territory of Ukraine but does not have a travel document is issued a stateless person's certificate for traveling abroad. This certificate certifies the stateless person when crossing the state border of Ukraine and staying abroad.
Article 20. Transit through the Territory of Ukraine of Foreigners and Stateless Persons
1. The transit of foreigners and stateless persons through Ukraine's territory is permitted if they hold a Ukrainian transit visa unless otherwise specified by Ukrainian legislation or international agreements.
2. The rules governing transit through Ukraine's territory for foreigners and stateless persons are approved by the Cabinet of Ministers of Ukraine.
3. In the event of an involuntary stop, a foreigner or stateless person may be granted an extension of the period of temporary stay in the territory of Ukraine by the procedure established by the Cabinet of Ministers of Ukraine until the circumstances that caused it are resolved.
4. Transit of foreigners and stateless persons through the temporarily occupied territory is prohibited.
Article 21. Financial support for entry into Ukraine, stay in Ukraine, and transit through the territory of Ukraine of foreigners and stateless persons
1. Entry into Ukraine, stay in the territory of Ukraine, and transit through the territory of Ukraine of foreigners and stateless persons shall be subject to sufficient financial security or the possibility of obtaining such security by legal means in the territory of Ukraine. The Cabinet of Ministers of Ukraine establishes the procedure for confirming sufficient financial security and its amount.
2. Foreigners and stateless persons are obliged to provide information on the confirmation of financial security at the request of officials authorized by Law.
3. The existence of financial collateral or a guarantee of its existence may be confirmed by presenting it for control:
cash in the national currency of Ukraine or a convertible foreign currency;
a document specifying the amount of funds based on which funds can be obtained from Ukrainian banking institutions;
a payment card of international payment systems with a statement from the applicant's personal bank account confirming the amount of funds available;
a document confirming the booking or payment for accommodation, payment for meals in Ukraine;
a travel service agreement (voucher);
a letter of guarantee from the host party that invited the foreigner or stateless person, undertaking to pay all expenses related to the person's stay in and departure from Ukraine;
a travel ticket for returning to the country of citizenship, permanent residence, or a third country.
Article 22. Leaving Ukraine
1. Foreigners and stateless persons legally residing in Ukraine shall have the right to leave the territory of Ukraine freely by the established procedure, except in cases established by Law.
2. A foreigner or stateless person is not allowed to leave Ukraine if:
he/she has been notified of suspicion of committing a criminal offense or the criminal case is being considered by a court, until the end of the criminal proceedings;
They have been convicted of a criminal offense - to serve a sentence or be released from punishment;
His departure is contrary to the interests of ensuring Ukraine's national security until the circumstances preventing his departure cease.
3. A court decision may temporarily postpone the departure from Ukraine of a foreigner or stateless person until the foreigner or stateless person fulfills their property obligations to individuals and legal entities in Ukraine, unless otherwise provided for in international treaties of Ukraine.
4. If there are grounds specified in parts two and three of this Article, information about the foreigner or stateless person shall be entered into the database of persons who are not allowed to enter Ukraine or temporarily restricted from leaving Ukraine by the legislation of Ukraine.
Section III.
LIABILITY OF FOREIGNERS AND STATELESS PERSONS
Article 23: Liability for offenses committed by foreigners and stateless persons
1. Illegal migrants and other foreigners and stateless persons who have committed criminal, administrative, or other offenses shall be held liable under the Law.
2. Foreigners and stateless persons who have violated the legislation of Ukraine on the legal status of foreigners and stateless persons or the state border are obliged to submit their biometric data for recording when brought to administrative responsibility.
Article 24. Reduction of the period of temporary stay in the territory of Ukraine
1. If a foreigner or a stateless person does not have grounds for temporary residence established by parts four to fifteen, nineteen, and twenty of Article 4 of this Law or for temporary stay on the territory of Ukraine, the period of their stay shall be reduced.
2. The decision to reduce the period of temporary stay of a foreigner and stateless person on the territory of Ukraine is made by the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, or by the Security Service of Ukraine.
The procedure for making decisions and the procedure for reducing the period of temporary stay for foreigners and stateless persons in Ukraine are determined by the Cabinet of Ministers of Ukraine.
3. The provisions of this Article shall not apply to persons covered by the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection."
Article 25. Voluntary return of foreigners and stateless persons
1. Foreigners and stateless persons who have received a notice of refusal to be recognized as a refugee or a person in need of complementary protection, who have lost or been deprived of refugee status or complementary protection and have not exercised the right to appeal against such decisions, as well as persons who have received a notice of rejection of an appeal against the refusal to issue documents to resolve the issue of recognition as a refugee or a person in need of complementary protection and have not exercised the right to appeal to a court, persons who have received a court decision confirming the decision
2. Foreigners and stateless persons who do not have legal grounds for staying in Ukraine or who cannot fulfill the obligation to leave Ukraine no later than the day of expiry of the relevant period of their stay due to lack of funds or loss of a passport document, may voluntarily return to their country of origin or a third country, including with the assistance of international organizations.
3. The decision on the voluntary return of foreigners and stateless persons referred to in parts one and two of this Article shall be taken by the central executive body implementing the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, upon the application of a foreigner or stateless person for voluntary return.
The procedure for proceedings on applications of foreigners and stateless persons for voluntary return is determined by the Cabinet of Ministers of Ukraine.
4. In case of a decision on voluntary return, a foreigner and a stateless person referred to in parts one and two of this Article shall be issued a certificate of a person who voluntarily returns. The said certificate shall serve as the basis for the temporary stay of a foreigner and a stateless person on the territory of Ukraine for the period until the completion of the voluntary return procedure. In case of completion of the voluntary return procedure, such a certificate is withdrawn or declared invalid.
5. The term of the voluntary return procedure should not exceed 60 days.
6. If a decision is made to voluntarily return a foreigner or stateless person who has not reached the age of eighteen, it must be clarified that, in the event of voluntary return, such a person will return to one of their family members or guardians.
7. During the procedure of voluntary return of foreigners and stateless persons, the central executive body that implements the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, cooperates with international and non-governmental organizations whose charters provide for assistance in the voluntary return of foreigners and stateless persons.
Article 26. Forced Return of Foreigners and Stateless Persons
1. A foreigner or stateless person may be forcibly returned to the country of origin or a third country if their actions violate the legislation of Ukraine on border issues on the legal status of foreigners and stateless persons or contradict the interests of ensuring national security of Ukraine or protection of public order, or if it is necessary for the protection of health, rights and legitimate interests of Ukrainian citizens by a decision of the central executive body implementing the state policy in the field of migration (immigration and emigration), in the following cases The decision on forced return shall specify the period within which the foreigner or stateless person must leave Ukraine. This period should not exceed 30 days from the date of the decision.
2. A decision on the forced return of foreigners and stateless persons referred to in Part One of this Article may be accompanied by a ban on further entry into Ukraine for three years. The term of the prohibition of further entry into Ukraine shall be calculated from the date of such decision. The Cabinet of Ministers of Ukraine shall determine the procedure for implementing a decision to ban further entry into Ukraine.
3. One of the copies of the decision on the forced return of foreigners and stateless persons shall be issued to the foreigner or stateless person in respect of whom it was made. The decision shall specify the grounds for its adoption, the procedure for appealing, and the consequences of non-compliance. The form of the decision on the forced return of foreigners and stateless persons is approved by a joint order of the Ministry of Internal Affairs of Ukraine and the Security Service of Ukraine.
4. 4. The decision on forced return may be appealed in court.
5. A foreigner or stateless person is obliged to leave the territory of Ukraine on their own within the period specified in the decision on forced return.
6. The body that decides on the forced return of a foreigner or stateless person exercises control over the correct and timely implementation of this decision.
To control the execution by a foreigner and a stateless person of a decision on forced return, officials of the state border protection body or central executive body implementing the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, may accompany such a foreigner and a stateless person through the territory of Ukraine.
7. If a decision is made to return foreigners forcibly and stateless persons who are legally present on the territory of Ukraine, such persons shall have their passports marked with a visa cancellation, and documents confirming the legal grounds for their stay in Ukraine shall be withdrawn. Measures shall be taken to reduce the period of temporary stay in Ukraine, cancel a temporary residence permit in Ukraine, or cancel an immigration permit to Ukraine and a permanent residence permit in Ukraine.
8. Forced return does not apply to foreigners and stateless persons under the age of 18, to foreigners and stateless persons covered by the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection," and cannot be applied to persons who do not have identity documents entitling them to leave Ukraine (such foreigners and stateless persons are detained by the procedure established by Law for identification, documentation, and transfer by international Law).
Foreigners and stateless persons referred to in Part twenty or twenty-four of Article 4 of this Law may not be forcibly returned to their country of origin or a third country that has committed an act of armed aggression against Ukraine or to a country that does not recognize the territorial integrity and sovereignty of Ukraine or refuses to recognize the illegality of encroachments on the territorial integrity and sovereignty of Ukraine, in particular, voted against the United Nations General Assembly Resolution "On the Territorial Integrity of Ukraine" of 27 March 2014 No. 68/262.
Article 27: Extradition of foreigners and stateless persons
1. A stateless person permanently residing in Ukraine who has committed a criminal offense outside Ukraine may not be extradited to another state for prosecution or to execute a court sentence.
2. The issue of extraditing foreigners who are in Ukraine and have committed a criminal offense outside Ukraine is regulated by the legislative acts of Ukraine and international treaties of Ukraine.
3. Provisions of Part Two of this Article shall not apply to persons covered by the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection."
Article 28. Transfer of foreigners and stateless persons to serve their sentence
1. Foreigners who have committed criminal offenses in the territory of Ukraine and are convicted of them by the legislative acts of Ukraine may be transferred to serve their sentences in the states of which they are citizens if international treaties of Ukraine provide for such transfer.
2. The provisions of Part One of this Article shall not apply to persons covered by the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection."
Article 29. Readmission of foreigners and stateless persons
1. The transfer from or admission to Ukraine of a foreigner or stateless person is carried out by an international agreement on readmission.
2. The admission of a foreigner or stateless person to Ukraine by an international agreement on readmission does not alter the grounds for staying in the territory of Ukraine that existed before such admission.
3. Foreigners or stateless persons admitted by an international agreement on readmission who do not have legal grounds for staying on the territory of Ukraine are subject to forced expulsion if there is no agreement on readmission between Ukraine and the country of citizenship or the country of previous permanent residence of such foreigners or stateless persons or if such an agreement has no implementation mechanism or is not implemented.
4. to make a decision on the detention of foreigners and stateless persons admitted to the territory of Ukraine by international agreements on readmission or ensure their expulsion, officials of the state border guard body or central executive body responsible for implementing the state policy in the areas of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, its territorial bodies and subdivisions, if necessary, may Accompaniment of foreigners and stateless persons is carried out by officials of the body that filed the lawsuit. Accompaniment of foreigners and stateless persons may also be carried out to monitor the implementation of the decision on their readmission.
5. Foreigners and stateless persons referred to in parts three and four of this Article are prohibited from further entry into Ukraine for five years, calculated from the date of transfer (readmission) of such persons to the country of citizenship or the country of previous permanent residence.
Article 30. Forced expulsion of foreigners and stateless persons
1. The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, its territorial bodies and territorial subdivisions, state border protection bodies or bodies of the Security Service of Ukraine may decide on the forced expulsion of foreigners and stateless persons from Ukraine if such persons are detained for illegal crossing (attempting to cross) the state border of Ukraine.
A decision on forced expulsion is not made in respect of foreigners and stateless persons whose grounds for forced expulsion are identified at checkpoints (control points) across the state border when they leave Ukraine.
Foreigners and stateless persons referred to in this Article are prohibited from further entry into Ukraine for five years. The period of prohibition on further entry into Ukraine shall be calculated from the date of such decision. It shall be added to the period of the ban on entry into Ukraine that the person had before.
2. The procedure provided by Law may appeal a decision on the forced expulsion of foreigners and stateless persons.
3. The central executive body that implements the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, or the state border protection body, based on a relevant court decision, has the right to place foreigners and stateless persons referred to in Part one of this Article in temporary accommodation centers for foreigners and stateless persons who illegally stay in Ukraine.
4. Foreigners and stateless persons who do not have legal grounds for staying on the territory of Ukraine, detained by the established procedure and subject to forced expulsion from Ukraine, including those admitted by international agreements of Ukraine on readmission, are placed in temporary accommodation centers for foreigners and stateless persons illegally staying in Ukraine for the period necessary for their identification and ensuring their forced expulsion (readmission) from Ukraine, but not more than for eighteen months.
Suppose a person applies for recognition as a refugee or as a person in need of complementary protection in Ukraine while staying at a temporary accommodation facility for foreigners and stateless persons who are residing in Ukraine without authorization. In that case, they continue to remain at the facility until the final decision on the application is made.
5. The decision on the forced expulsion of a foreigner or stateless person is executed by the central executive body that implements the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, except for decisions taken by the state border protection bodies, which are executed by such bodies. Control over the correctness and timeliness of the execution of a decision on forced expulsion is exercised by the body that made such a decision. To control the implementation of the decision on forced expulsion by a foreigner or stateless person, officials of the state border protection body or central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, accompany such a foreigner or stateless person/
The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, whose official accompanied a foreigner and stateless person who was forcibly expelled by a decision of the Security Service of Ukraine, shall inform such body of the execution of the decision on forced expulsion.
6. The Model Regulation on the Temporary Stay Centre for Foreigners and Stateless Persons Illegally Staying in Ukraine has been approved by the Cabinet of Ministers of Ukraine.
7. The central executive body that implements the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by Law, the Security Service of Ukraine or the state border protection body shall ensure fingerprinting of foreigners and stateless persons referred to in Part one of this Article, and, if necessary, collection of other biometric data by the Law.
8. The provisions of this Article shall not apply to foreigners and stateless persons covered by the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection."
Article 31. Prohibition of forced return or forced expulsion, extradition, or transfer of foreigners and stateless persons
1. A foreigner or stateless person may not be forcibly returned, expelled, extradited, or transferred to countries:
where their life or freedom would be threatened on the grounds of race, religion, nationality, citizenship (nationality), membership of a particular social group, or political opinion;
where they face the death penalty or execution, torture, cruel, inhuman or degrading treatment or punishment;
Where their life or health, safety, or freedom is threatened as a result of widespread violence in situations of international or internal armed conflict or systematic violation of human rights, natural or artificial disaster, or lack of life-sustaining medical treatment or care;
where they face expulsion or forced return to countries where these cases may occur.
2. Collective forced expulsion of foreigners and stateless persons is prohibited.
Article 32. The Procedure for Reimbursement of Expenses Related to the Forced Expulsion or Readmission of Foreigners and Stateless Persons
1. Foreigners and stateless persons subject to forced expulsion or readmission from Ukraine shall reimburse the costs associated with expulsion or readmission by the procedure established by Law.
If these foreigners and stateless persons do not have the means to reimburse the costs associated with their expulsion or readmission from Ukraine, their expulsion or readmission is carried out at the expense of the state budget.
2. Individuals or legal entities that invited or accepted foreigners and stateless persons, arranged their illegal entry, residence, employment, assisted in evading departure after the expiry of the period of stay, as well as higher education institutions that invited and accepted foreigners or stateless persons detained for illegal crossing (attempted illegal crossing) of the state border of Ukraine, shall, by court decision, reimburse the costs incurred by the state as a result of expulsion or readmission of such persons by the procedure established by Law.
3. The cost of the expenses necessary to execute the decision on the forced expulsion or readmission of a foreigner or stateless person shall be included in the estimate of costs:
Travel tickets for foreigners, stateless persons, and persons accompanying them;
services for the detention of foreigners and stateless persons in temporary accommodation centers for foreigners and stateless persons illegally staying in Ukraine;
services for personal identification;
services for processing documents and performing other actions related to forced expulsion, readmission, and other similar matters.
4. Accounting of expenses related to forced expulsion or readmission shall be carried out by the central executive body that implements the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by Law, state border protection bodies, which is documented in duplicate by an act in the prescribed form by the Ministry of Internal Affairs of Ukraine, the central executive body responsible for the formation of state policy in the field of state border protection.
5. The foreigner and stateless person are informed of the total amount of expenses related to the forced expulsion or readmission, calculated in prices as of the day of settlement with them if the foreigner or stateless person refuses to confirm the amount of expenses presented for reimbursement, a corresponding note is made in the act indicating the reason for the refusal.
6. In case of refusal of a foreigner or stateless person to reimburse the costs necessary for the execution of the decision on his/her forced expulsion or readmission from Ukraine, the relevant funds may be recovered from him/her in court.
7. If cash is found in the possession of a foreigner or stateless person in respect of whom a decision on forced expulsion or readmission has been made, it is seized under an act and used to ensure the enforcement of the decision on forced expulsion or readmission, as per the cost estimate.
8. If the host party that invited foreigners and stateless persons to Ukraine refuses to reimburse the costs associated with the forced expulsion or readmission of such foreigners and stateless persons, the relevant funds may be recovered from them in court.
9. Foreigners and stateless persons who have not reimbursed the costs associated with their forced expulsion or readmission are prohibited from entering the territory of Ukraine until such fees are fully refunded.
Section IV.
FINAL PROVISIONS
1. This Law shall enter into force two months after its publication, except for Part two of Article 9, Part three of Article 14, and Part seven of Article 30 of this Law in the Part of recording biometric data, which shall enter into force from the beginning of the functioning of the national system of biometric verification and identification of citizens of Ukraine, foreigners, and stateless persons.
2. 2. To recognize as invalid:
The Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" (Bulletin of the Verkhovna Rada of Ukraine, 1994, No. 23, p. 161; 2000, No. 38, p. 318; 2001, No. 13, p. 66; 2002, No. 46, p. 347; 2003, No. 16, p. 117, No. 27, p. 209; 2004, No. 11, p. 143; 2005, Nos. 35-37, p. 446; 2007, No. 33, p. 442; 2009, No. 38, p. 535; 2011, Nos. 19-20, p. 142, No. 42, p. 424);
Resolution of the Verkhovna Rada of Ukraine "On the Procedure for Enactment of the Law of Ukraine "On the Legal Status of Foreigners" (Vidomosti Verkhovna Rada of Ukraine, 1994, No. 23, p. 162).
3. The Cabinet of Ministers of Ukraine before the entry into force of this Law:
to submit proposals to the Verkhovna Rada of Ukraine to bring legislative acts of Ukraine in line with this Law;
bring their regulatory acts into compliance with this Law;
ensure that executive authorities bring their regulatory acts into compliance with this Law.
President of Ukraine
V. YANUKOVYCH
м. Kyiv
22 September 2011
NO. 3773-VI
