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Entry of foreigners to Ukraine from 01.01.2018

02.12.2021

On August 30, 2017, the Decree of the President of Ukraine was issued on the introduction of the decision of the National Security and Defense Council (NSDC) dated July 10, 2017 "On strengthening control over entry into Ukraine, exit from Ukraine of foreigners and stateless persons, their compliance with the rules of stay on the territory of Ukraine" …

This decision obliged the Cabinet of Ministers of Ukraine:

update the list of countries at risk of migration, in particular, add the Russian Federation to it;
to process the issue of preliminary electronic notification of foreigners about entry into Ukraine
to process the issue of entry into and exit from Ukraine by foreigners, including citizens of the Russian Federation, for foreign passports containing contactless electronic media;
ensure the start of functioning of the national system of biometric verification and identification of citizens of Ukraine, foreigners and stateless persons from January 01, 2018, solving the issue of the necessary resource support for fixing biometric data of foreigners, including citizens of the Russian Federation, and stateless persons during border control at checkpoints across the state border of Ukraine and at checkpoints of entry and exit.
Actually 01 January 2018 is just around the corner. And the question is, what will be the procedure for the entry and exit of foreigners from countries of migration risk, and whether the state authorities are ready for the new rules.

So, according to the Decision, from 01.01.2018, new requirements come into force, which include:

pre-registration for entry into Ukraine. Before traveling, you must fill out an electronic form on the website of the Ministry of Foreign Affairs (MFA) in advance. In the preliminary notification of the intention to visit Ukraine, you must indicate personal data: full name, date of birth, profession and place of work, purpose of the trip and the settlements that you plan to visit.
fixation of biometric data at the border. Entry and exit from Ukraine will be carried out on foreign passports containing contactless electronic media. In the absence of biometric passports, foreigners will be able to visit Ukraine using ordinary passports, while fingerprints will be taken during border control at checkpoints across the state border and at checkpoints of entry and exit.
registration at the place of stay. Foreigners arriving from countries of migration risk must register their place of stay on the territory of Ukraine.
Regarding the first and third of the above points, there are no approved by-laws that would clarify the procedure and timing of their implementation by foreigners who enter from countries of migration risk.

With regard to the second point, we can say that government agencies are ready to launch a system for fixing biometric data of foreigners. So, on December 21, 2017 at the capital airport "Kiev" the State Border Guard Service of Ukraine presented this fixation system. It will become one of the subsystems of the departmental automated border control system. Information from it will be transferred to the National System of Verification and Identification of Ukrainian citizens, foreigners and stateless persons. 157 operating checkpoints are equipped with means for reading information from biometric documents, and 126 checkpoints are connected to Interpol's databases. The State Border Service is preparing to take all 10 fingerprints. Mandatory fixation of biometric data will be applied in accordance with a list determined by the Ministry of Foreign Affairs (71 countries, including the Russian Federation), which are classified as risk. However, in accordance with the requirements of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons", some categories of foreigners are exempted from fixing biometric data. These are, first of all, the heads of state and government of foreign countries, members of parliamentary and government delegations, persons under 18 years of age, cruise tourists, crew members of vehicles, diplomatic personnel, officials of international organizations.

According to the information posted on the Government portal, the border service is fully ready to launch the functioning of the system for fixing biometric data of foreigners. But given the scale of this project, as well as the great complexity of its uninterrupted implementation, the launch of the system for fixing biometric data of foreigners will be carried out in stages, namely, from January 1, 2018, the system will start operating at the capital's international airports and at checkpoints of the Ukrainian-Russian section of the state border. … In the future, this system will be actively implemented in all sections of the state border of Ukraine.

Also, during passport control inspectors of the State Border Service will check the passport documents of foreigners, including at the Interpol bases. Information will also be read (fingerprints) using readers, which will go to the department's biometric data processing subsystem. In addition, from the interdepartmental

the national information and telecommunication system "Arkan", it will enter the National system of biometric verification and identification of citizens of Ukraine, foreigners and stateless persons of the State Migration Service.

When a person re-crosses the border, a person's identification process will be carried out. In this case, the inspector will see if the person has submitted his biometric data and will check them. In the event of a discrepancy between the person's data, they will be sent for additional control to clarify the circumstances.

Thus, from January 1, a biometric data recording system will be launched at checkpoints across the state border, in particular, this will affect Russian citizens. Regarding preliminary notification of entry and registration of stay, there is still no adopted procedure, but according to information received at the Ministry of Foreign Affairs, such a procedure is under consideration and should be adopted before the new year.

Lawyer

LLC "STATUS CO"

Yakubova Sevinj

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