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  • Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Elimination of Barriers to Attracting Foreign Investment” (adopted on May 23, 2017)

Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Elimination of Barriers to Attracting Foreign Investment” (adopted on May 23, 2017)

02.12.2021

LAW OF UKRAINE

On amendments to some legislative acts of Ukraine to remove barriers to attracting foreign investment

(Vidomosti Verkhovnoi Rady (VVR), 2017, № 30, p.323)

The Verkhovna Rada of Ukraine resolves:

I. Amend the following legislative acts of Ukraine:

  1. The first paragraph of Article 204 of the Code of Ukraine on Administrative Offenses (Vidomosti Verkhovnoi Rady Ukrainy, 1984, Annex to № 51, Art. 1122) after the words "operating in Ukraine" add the words "individuals - entrepreneurs who use employees work ".
  2. In the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" (Vidomosti Verkhovnoi Rady Ukrainy, 2012, № 19-20, Art. 179, as amended):

1) in Article 4:

a) after part eleven add a new part of the following content:

"12. Foreigners and stateless persons who are founders and / or participants and / or beneficial owners (controllers) of a legal entity registered in Ukraine and arrived in Ukraine to monitor the activities of such legal entities and received a temporary residence permit , are considered to be those who are legally on the territory of Ukraine for the period of validity of the certificate.

The grounds for issuing a temporary residence permit in the case provided for in this part are the following:

1) a foreigner and a stateless person are the founder and / or participant and / or beneficial owner (controller) of a legal entity, the data on which are entered in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations;

2) the share of a foreigner or a stateless person or a foreign legal entity, the beneficiary (controller) of which he is, in the authorized capital of a Ukrainian legal entity is not less than 100 thousand euros at the official exchange rate set by the National Bank of Ukraine on the date of foreign investment ".

In this connection, parts twelve to eighteen shall be considered as parts thirteen to nineteen, respectively;

b) in parts fourteen and fifteen, the words "in parts three to twelve" and "in parts two to twelve" shall be replaced by the words "in parts three to thirteen" and "in parts two to thirteen", respectively;

2) in Article 5:

a) in parts one and two, the word "sixteenth" shall be replaced by the word "seventeenth";

b) in part three, the words "in parts four to fourteen and seventeen" shall be replaced by the words "in parts four to fifteen and eighteen";

c) after part eleven add a new part of the following content:

"12. The grounds for issuing a temporary residence permit in the case provided for in part twelve of Article 4 of this Law are:

1) application of a foreigner or a stateless person;

2) a valid health insurance policy;

3) a written obligation of a legal entity to notify the central executive body ensuring the implementation of state policy in the field of migration of a foreigner or stateless person losing the status of 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 constituent document of the legal entity;

information on the size of the share of a foreigner or stateless person - founder (participant) of a legal entity in the amount of not less than 100 thousand euros at the official exchange rate set by the National Bank of Ukraine on the date of foreign investment as a contribution to authorized capital, if foreign investment form;

a copy of the cargo customs declaration for movable property transferred as a contribution to the authorized capital of the legal entity, and a copy of the act of acceptance-transfer of such property, if the foreign investment is made in the form of property;

a copy of the act of acceptance-transfer of movable or immovable property transferred as a contribution to the authorized capital of a legal entity, if the foreign investment is made in property form, but such property is acquired in Ukraine;

account statement in securities, if a foreigner or a stateless person is a shareholder of a joint stock company registered in Ukraine.

The documents specified in the second to sixth paragraphs of item 4 of this part must be certified by an authorized official of the legal entity.

The territorial body of the central executive body that ensures the implementation of state policy in the field of migration, in order to make a decision on the issuance of a temporary residence permit independently receives information:

that a foreigner or a stateless person is the founder and / or participant and / or beneficial owner (controller) of a legal entity - from the Unified State Register of Legal Entities, Individuals - Entrepreneurs and Public Associations;

on the official exchange rate set by the National Bank of Ukraine on the date of foreign investment - from the official website of the National Bank of Ukraine ".

In this connection, parts twelve to sixteen shall be considered as parts thirteen to seventeen, respectively;

d) in part thirteen the word "

the twelfth "shall be replaced by the word" thirteenth ";

e) in part fourteen, the word "thirteenth" shall be replaced by the word "fourteen";

e) in part fifteen, the words "fourteenth" and "parts two to twelve" shall be replaced by the words "fifteenth" and "parts two to thirteen", respectively;

f) in part sixteen, the word "seventeenth" shall be replaced by the word "eighteenth";

g) after part sixteen, add a new part of the following content:

"17. In addition to the documents for the relevant category of persons specified in parts one to sixteen of this article, foreigners and stateless persons shall submit the following documents in order to obtain a temporary residence permit:

1) four color photographs measuring 3.5 x 4.5 centimeters;

2) passport document of a foreigner or stateless person with a relevant long-term visa and a copy of a page of a passport document with such a visa, unless the person is obliged to obtain such a visa in accordance with this Law, other laws of Ukraine or international treaties of Ukraine;

3) copies of the pages of the passport document of a foreigner or stateless person with personal data with a translation into Ukrainian, certified in the prescribed manner;

4) a document confirming the payment of state duty and administrative fee for the issuance, execution or extension of the certificate.

In case of extension of the temporary residence permit, foreigners and stateless persons shall additionally submit the original temporary residence permit.

The authorized body shall return the passport document to the person immediately after accepting the application for the issuance or extension of the certificate. "

In this connection, part seventeen shall be considered part eighteen;

g) add the following part nineteen:

"19. Public authorities are prohibited from requiring aliens or stateless persons, members of their families, employers and other persons from any other documents or information not specified in this article for the issuance of a permanent residence permit and a temporary residence permit";

3) add articles 5-1-5-5 of the following content:

"Article 5-1. Validity of the temporary residence permit

  1. The period of validity of the temporary residence permit for the relevant categories of foreigners and stateless persons is:

1) in the case specified in part four of Article 4 of this Law, the term of validity of the work permit for foreigners and stateless persons;

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 indicated 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;

5) in all other cases specified in Article 4 of this Law - one year.

  1. The validity of a temporary residence permit may not exceed the validity of the passport of a foreigner or stateless person.
  2. The validity of a temporary residence permit may be extended an unlimited number of times, if there are grounds provided by law.
  3. In order to extend the validity of the certificate, a foreigner or a stateless person must confirm the employment of at least three citizens of Ukraine who started work at least six months before the date of application for extension of the certificate or payment of income tax by the legal entity. enterprises in the amount of not less than 50 minimum wages for the last full financial year before the date of application for extension of the certificate.

Article 5-2. Obtaining a long-term visa to obtain a temporary residence permit

  1. Foreigners and stateless persons are obliged to obtain a long-term visa in order to obtain a temporary residence permit in Ukraine, unless otherwise provided by laws or international treaties of Ukraine.

This requirement does not apply to foreigners and stateless persons in respect of whom a decision has been made to draw up documents to resolve the issue of recognition as a refugee or a person in need of additional protection.

  1. The requirement provided for in the first paragraph of the first part of this Article shall not apply to foreigners and stateless persons in the case of:

1) extension of the validity of a temporary residence permit, if they have submitted a relevant application within the period specified in part two of Article 5-3 of this Law;

2) obtaining a certificate for the first time by children of foreigners and stateless persons staying in Ukraine in accordance with parts fourteen and fifteen of Article 4 of this Law, provided that at the time of 16 they were on the territory of Ukraine legally and applied for certificates within one month from the date of reaching 16 years of age.

Article 5-3. Term of issuance of a temporary residence permit

  1. A temporary residence permit shall be issued within ten days from the date of receipt of the application for its issuance or extension of the validity of the certificate.
  1. A foreigner or a stateless person shall submit documents for the extension of the validity of a temporary residence permit no later than 10 calendar days before the expiration of its validity.

Article 5-4. Administrative fee for issuing or extending a temporary residence permit

  1. The administrative fee for the issuance or extension of a temporary residence permit shall be charged in the amount of 20 non-taxable minimum incomes.

Article 5-5. The procedure for accepting an application for registration or extension of a temporary residence permit

  1. A foreigner or a stateless person shall submit an application for registration or extension of a temporary residence permit and relevant documents specified by this Law and the Cabinet of Ministers of Ukraine, personally or through his representative on the basis of a power of attorney to the territorial body of the central executive body. state policy in the field of migration.
  2. The territorial body of the central executive body that ensures the implementation of state policy in the field of migration is obliged to provide a foreigner or stateless person or his representative with a description of accepted documents signed by the authorized person who received them, indicating his position, surname and name and date of acceptance of documents.
  3. A foreigner or a stateless person shall receive a temporary residence permit in person. "
  4. In the Law of Ukraine "On Employment" (Vidomosti Verkhovnoi Rady Ukrainy, 2013, № 24, Art. 243 with the following changes):

1) the first part of Article 1 shall be supplemented with paragraphs 4-1, 5-1, 8-1, 8-2, 8-3 and 8-4 of the following content:

"4-1) seconded foreign workers - foreigners and stateless persons sent by a foreign employer to Ukraine to perform a certain amount of work (services) on the basis of agreements (contracts) concluded between Ukrainian and foreign entities";

"5-1) intra-corporate assignees - foreigners and stateless persons recognized as such in accordance with the schedule of specific obligations in the services sector of the Protocol of Accession of Ukraine to the World Trade Organization (Article II of the General Agreement on Trade in Services)";

(8-1) foreign highly paid professionals - foreigners or stateless persons whose salary is not less than 50 minimum wages;

8-2) foreign IT professionals - foreigners or stateless persons who hold positions related to the development and implementation of computer programming results (operating system, computer programs and their components, websites, online services ) and cryptographic means of information protection in legal entities engaged in computer programming activities as the main type of economic activity according to the National Classification of Economic Activities;

8-3) foreign employee - a foreigner or a stateless person who works under an employment contract with a Ukrainian employer in accordance with the legislation of Ukraine;

8-4) foreign worker of the creative profession - foreigners and stateless persons who hold positions that provide for the creation of objects of copyright and / or related rights as the main job obligation ";

2) parts one, two and three of Article 42 shall be worded as follows:

"1. Employers have the right to employ foreigners and stateless persons on the territory of Ukraine on the basis of a permit issued by the territorial bodies of the central executive body implementing state policy in the field of employment and labor migration.

  1. The work of foreigners and stateless persons may be used in different positions in one or more (two or more) employers, subject to obtaining a work permit for foreigners and stateless persons (hereinafter - the permit) in each position.

The work of foreign highly paid professionals may be used without a permit for part-time positions, if the term of the employment contract for a part-time position does not exceed the term of the permit for the main place of work.

  1. A foreign employee may combine work in a position specified in the permit with work in the position of temporarily absent employee, provided that the combination lasts no more than 60 calendar days during a calendar year ";

3) Section VII shall be supplemented with Articles 42-1-42-10 of the following content:

"Article 42-1. Grounds for obtaining a work permit for foreigners and stateless persons

  1. The employer shall also obtain a permit for the following categories of persons, unless otherwise provided by international agreements of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine:

1) seconded foreign workers;

2) intra-corporate assignees;

3) foreigners and stateless persons in respect of whom a decision has been made to draw up documents to resolve the issue of recognition as a refugee or a person in need of additional protection.

  1. Special categories of foreigners and stateless persons applying for employment in Ukraine are:

1) foreign high

paid professionals;

2) founders and / or participants and / or beneficiaries (controllers) of a legal entity established in Ukraine;

3) graduates of universities included in the top 100 in the world rankings of universities, according to the list determined by the Cabinet of Ministers of Ukraine;

4) foreign workers of creative professions;

5) foreign IT professionals.

  1. The employer may obtain a permit, subject to the payment of wages in the amount of not less than:

1) five minimum wages - to foreign employees in public associations, charitable organizations and educational institutions, defined in Articles 34, 36, 37, 39, 41, 43, 48 of the Law of Ukraine "On Education";

2) ten minimum wages - for all other categories of employees.

  1. The requirements for the minimum wage shall not apply in the case of obtaining a work permit of the persons referred to in part two of this article.

Article 42-2. List of documents for obtaining a work permit for foreigners and stateless persons and its extension

  1. In order to obtain a permit, the employer shall submit the following documents to the territorial body of the central executive body that implements the state policy in the field of employment and labor migration:

1) application in the form established by the Cabinet of Ministers of Ukraine, in which the employer confirms that the position in which the work of a foreigner or stateless person will be applied, according to the laws of Ukraine is not related to Ukrainian citizenship and does not require access to state secrets ;

2) copies of the pages of the passport document of a foreigner or stateless person with personal data together with a translation into Ukrainian, certified in the prescribed manner;

3) color photograph of a foreigner or stateless person measuring 3.5 x 4.5 centimeters;

4) a copy of the draft employment agreement (contract) with a foreigner or a stateless person, certified by the employer.

  1. In order to employ certain categories of foreigners and stateless persons, the employer shall additionally submit the following documents regarding:

1) graduates of universities included in the top 100 in the world rankings of universities - a copy of the diploma of higher education of the relevant university, recognized in Ukraine in the prescribed manner;

2) foreign workers of creative professions - notarized copies of documents identifying the object of copyright and / or related rights of the author and certifying authorship (copyright);

3) seconded foreign workers - a copy of the agreement (contract) concluded between Ukrainian and foreign economic entities, which provides for the use of labor of foreigners and stateless persons sent by a foreign employer to Ukraine to perform a certain amount of work (services);

4) intra-corporate assignees - the decision of a foreign entity to transfer a foreigner or stateless person to work in Ukraine and a copy of the contract concluded between a foreigner or stateless person and a foreign entity to transfer to work in Ukraine with a fixed term in Ukraine;

5) persons in respect of whom a decision has been made to draw up documents for resolving the issue of recognition as a refugee or a person in need of additional protection; protection in Ukraine.

For employment of founders and / or participants and / or beneficiaries (controllers) of a legal entity, the territorial body of the central executive body implementing the state policy in the field of employment and labor migration shall independently receive information on the completion of the company's authorized capital. issuance of a permit.

For the employment of foreign IT professionals, the territorial body of the central executive body, which implements the state policy in the field of employment and labor migration, independently receives information about the employer's registered activity - computer programming.

  1. To extend the permit, the employer shall submit the following documents:

1) application in the form determined by the Cabinet of Ministers of Ukraine;

2) a photograph of a foreigner or a stateless person measuring 3.5 x 4.5 centimeters;

3) documents according to the list for obtaining a permit, if they have changed.

  1. Territorial body of the central executive body implementing state policy in the field of employment and labor migration, independently receives in electronic form from the Unified State Register of Legal Entities, Individuals - Entrepreneurs and Public Associations information on the status of the employer as a legal entity or individual - entrepreneur.
  2. The documents provided for in this article, which were issued abroad, must be legalized in the prescribed manner, unless otherwise provided by international treaties of Ukraine, consent to the obligations

which are provided by the Verkhovna Rada of Ukraine.

  1. Officials of the territorial body of the central body of executive power, which implements the state policy in the field of employment and labor migration, are prohibited from requiring from employers documents not established by this Law.

Article 42-3. Validity of work permits for foreigners and stateless persons

  1. The permit is issued for the period:

1) the effect of the employment agreement (contract), but not more than for three years - for special categories of foreigners and stateless persons specified in part two of Article 42-1 of this Law;

2) validity of the agreement (contract) concluded between Ukrainian and foreign business entities, but not more than for three years - for posted foreign workers;

3) actions of the decision of a foreign business entity to transfer a foreigner or stateless person to work in Ukraine and a contract concluded between a foreigner or stateless person and a foreign business entity to transfer to work in Ukraine - for intra-corporate assignees;

4) validity of the employment agreement (contract), but not more than for one year - for all other foreign employees.

  1. If there are grounds, the permit may be extended indefinitely.
  2. The employer may specify in the application for a permit a shorter period than established by this Law.

It is not allowed to issue a permit for a shorter period than specified in the relevant application and within the time limits established by this Law.

Article 42-4. Fee for the issuance or renewal of a work permit for foreigners and stateless persons

  1. The amount of the fee for the issuance or renewal of the permit is:

1) for permits issued for a period of one to three years or their validity is extended for such a period - six subsistence minimums for able-bodied persons established by law on January 1 of the calendar year in which the employer submitted the documents;

2) for permits issued for a period of six months to one year inclusive or their validity is extended for such a period - four subsistence minimums for able-bodied persons, established by law on January 1 of the calendar year in which the employer submitted documents;

3) for permits issued for a period of up to six months or their validity is extended for such a period - two subsistence minimums for able-bodied persons, established by law on January 1 of the calendar year in which the employer submitted the documents.

  1. The employer shall pay within 10 working days from the date of receipt of the decision to issue or extend the permit, which is sent by the territorial body of the central executive body implementing state policy in the field of employment and labor migration, by mail with notice of service.
  2. If the employer has not paid within 10 working days from the date of the decision to issue or extend the permit, such decision shall be revoked.
  3. The fee for the issuance or renewal of a permit shall be credited to the budget of the Fund of Compulsory State Social Insurance of Ukraine in case of unemployment.
  4. Issuance and renewal of a work permit for persons in respect of whom a decision has been made to draw up documents to resolve the issue of recognition as a refugee or a person in need of additional protection shall be free of charge.

Article 42-5. Amendments to the work permit for foreigners or stateless persons

  1. The employer is obliged to apply to the territorial body of the central executive body that implements the state policy in the field of employment and labor migration, to make changes to the permit in case of one of the following circumstances:

1) change of the name of the legal entity - employer, reorganization or division of the legal entity - employer, change of name and / or surname, and / or patronymic of the natural person - entrepreneur who is the employer;

2) registration of a new passport document of a foreigner or stateless person, including in case of change of name and / or surname, and / or patronymic of a foreigner or stateless person;

3) change of the title of the position of a foreigner or a stateless person, transfer to another position from one employer within the term for which the permit was issued.

To amend the permit, the employer submits an application in the form specified by the Cabinet of Ministers of Ukraine.

  1. The employer together with the application for amendments to the permit shall submit:

1) in case of change of name and / or surname, and / or patronymic of a natural person - entrepreneur who is an employer - a copy of the passport of a natural person - entrepreneur who is an employer;

2) in the event of the circumstances provided for in paragraph 2 of part one of this article - copies of the passport of a foreigner or stateless person with personal data together with a translation into Ukrainian, certified in the prescribed manner;

3) in the event of the circumstances provided for in paragraph 3 of part one of this article - a draft employment agreement (contract) in the new version or a draft additional agreement on amendments to the employment contract

agreement (contract).

Confirmation of the change of the name of the legal entity - employer, reorganization or separation of the legal entity - employer territorial body of the central executive body implementing state policy in the field of employment and labor migration, receives independently from the Unified Register of Legal Entities, Individuals - Entrepreneurs and Public Associations.

  1. The employer is obliged to apply to the territorial body of the central executive body that implements the state policy in the field of employment and labor migration, with a request to amend the permit no later than 30 days after the circumstances provided for in part one of this article.

An employer who fails to apply to the territorial body of the central executive body implementing state policy in the field of employment and labor migration with a request to amend the permit within the period established by this part shall be liable in accordance with the law.

Article 42-6. Deadline for consideration of applications for the issuance or renewal of a work permit for foreigners and stateless persons

  1. The territorial body of the central body of executive power, which implements the state policy in the field of employment and labor migration, shall make a decision within the following terms from the date of receipt of the relevant application:

1) seven working days - on the issuance of a permit;

2) three working days - on the extension of the permit or on changes to it.

  1. The application for renewal of the permit shall be submitted by the employer to the territorial body of the central executive body implementing the state policy in the field of employment and labor migration, not later than 20 calendar days before the expiration of such permit.

Article 42-7. The procedure for making applications for the issuance or renewal of a work permit for foreigners and stateless persons, for amendments to such a permit and the procedure for making decisions on the issuance, extension or amendment of such a permit

  1. The territorial body of the central executive body implementing the state policy in the field of employment and labor migration shall provide the employer with a description of the accepted documents immediately after receiving the application for a permit, application for renewal of the permit, application for amendments to the permit. - application) and documents submitted together with the relevant application.
  2. The territorial body of the central executive body implementing the state policy in the field of employment and labor migration shall, within the next working day after the acceptance of the application, check the application and the documents attached to it for grounds for suspending the application.
  3. In the absence of the grounds provided for in part three of Article 42-8 of this Law, the territorial body of the central executive body implementing state policy in the field of employment and labor migration shall decide to issue or extend or amend the permit. deadlines set by Article 42-6 of this Law, and within two working days sends the employer a copy of this decision by mail with notice of service and e-mail indicating the details of payment for payment (in case of a decision to issue or extend the permit), and publishes on the official website of the territorial body of the state employment service information about the decision and payment details for payment.
  4. The employer is obliged to conclude an employment agreement (contract) with a foreigner or a stateless person not later than 90 calendar days from the date of issuance of the permit and within ten days after concluding the employment agreement (contract) to provide a copy certified by the employer. executive body that implements state policy in the field of employment and labor migration.

Article 42-8. Suspension of consideration of the application for issuance or renewal of a work permit for foreigners and stateless persons, on amendments to such a permit

  1. If the grounds for suspending the application are established, the territorial body of the central executive body implementing the state policy in the field of employment and labor migration shall decide to suspend the application no later than the next working day, stating the grounds for its adoption. A copy of the decision to suspend the application shall be sent to the employer by mail with a notice of service and e-mail no later than the next working day after the decision.

The employer must submit documents to eliminate the grounds for suspending the application within the period specified in part two of this article.

  1. Consideration of the application shall be suspended for elimination of the grounds set forth in the relevant decision for a period of seven working days from the date of the decision to suspend consideration of the application for extradition and three working days - application for extension of the permit or

him.

  1. The grounds for suspending the application are:

1) submission of documents on behalf of the employer by a person who does not have the authority to do so;

2) submission together with the application of documents or information specified by this Law, not in full;

3) non-compliance of the application and / or documents submitted together with the application with the requirements established by this Law, preparation of the application not in the prescribed form;

4) the presence of inaccurate data in the application or documents submitted with the application;

5) non-compliance of the terms of the employment agreement (contract) concluded with a foreigner or a stateless person, or the terms of the additional agreement on amendments to the employment agreement (contract) with the labor legislation of Ukraine.

Suspension of consideration of the application on grounds not provided for in this Article shall not be allowed.

Technical errors made in the application or the documents attached to it are not grounds to suspend consideration of the application. Technical errors for the purposes of this article are spelling, syntactic, grammatical errors, typographical and other obvious errors that do not distort the content of the statement, the document.

  1. After the submission of documents on the elimination of the grounds for suspension of consideration of the application within the period established by part two of this article, the consideration of the application shall be resumed.

If the employer does not eliminate all the remarks of the territorial body of the central executive body implementing the state policy in the field of employment and labor migration, due to which the application is suspended, the employer together with the replacement documents submits a motivation letter central executive body that implements state policy in the field of employment and labor migration.

  1. From the date of submission of replacement documents and motivation letter on the reasons for rejection of other comments of the territorial body of the central executive body implementing state policy in the field of employment and labor migration (if necessary), the deadline for application is set by Article 42-6 of this Law , continues taking into account the time elapsed before its stop.

Article 42-9. Refusal to issue, extend the validity of a work permit for foreigners or stateless persons, to amend such a permit

  1. The grounds for refusal to issue, prolong the validity of the permit, to amend the permit are:

1) failure to eliminate the grounds for suspension of consideration of the application within the established period or recognition by the territorial body of the central executive body implementing the state policy in the field of employment and labor migration, motivation letter submitted by the employer unfounded;

2) submission of an application and documents for the extension of a permit in violation of the term established by part two of Article 42-6 of this Law;

3) the absence in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations of information about the employer or the availability of information on state registration of termination of a legal entity as a result of its liquidation, or the availability of information on state registration of termination of entrepreneurial activity employer.

The decision to refuse to issue, extend the validity of the permit, to amend the permit must contain a list and description of the grounds (justification) for the refusal.

Refusal to issue, extend or amend the permit on grounds not provided for in this Article shall not be permitted.

In case of refusal to issue, extend the validity or make changes to the permit, the submitted documents are returned (issued in person, sent by mail) to the employer no later than the next working day from the date of receipt of the application for return.

Once the grounds for refusing to issue, renewing or amending the permit have been removed, the employer may resubmit the documents.

Article 42-10. Revocation of work permits for foreigners and stateless persons

  1. The employer is obliged to apply to the territorial body of the central body of executive power, which implements the state policy in the field of employment and labor migration, to revoke the permit in the following circumstances:

1) the employment agreement (contract) with a foreigner or a stateless person is terminated;

2) the execution of the agreement (contract) concluded between the Ukrainian and foreign business entities, in connection with which the foreigner or stateless person was sent, is terminated;

3) the territorial body or subdivision of the central executive body implementing the state policy in the field of migration has decided to recognize a foreigner or a stateless person as a refugee or a person in need of additional protection.

  1. The territorial body of the central body of executive power, which implements the state policy in the field of employment and labor migration, revokes the issued permit in the case of:

1) failure of the employer to pay for the issuance or extension of the permit within the period specified in part two of Article 42-4 of this Law;

2) not submitted a copy of an employment agreement (contract) concluded with a foreigner or a stateless person within the term established by this Law to the territorial body of the central executive body implementing the state policy in the field of employment and labor migration, if the submission of such a copy is mandatory in accordance with this Law;

3) submission by the employer of a written application for revocation of the permit in the circumstances provided for in paragraphs 1-3 of part one of this article, or detection of such circumstances by the territorial body of the central executive body implementing state policy in the field of employment and labor migration;

4) detection of inaccuracy of data in the documents submitted by the employer, which could not be identified during the consideration of the application;

5) the existence of a decision on the forced return or forced expulsion of a foreigner or stateless person, adopted in accordance with Articles 26 and 30 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons";

6) establishing the fact of employment of a foreigner or a stateless person on conditions other than those specified by the permit or another employer (except part-time work in accordance with the second paragraph of the second part of Article 42 of this Law and combining positions in accordance with the third part of Article 42 of this Law);

7) non-use by a foreigner or a stateless person of the right to appeal against the decision of a territorial body or subdivision of a central executive body implementing state policy in the field of migration to refuse recognition as a refugee or person in need of additional protection or in case of final decision in recognition as a refugee or a person in need of additional protection;

8) entry into force of a court conviction under which a foreigner or a stateless person has been convicted of a crime. "

  1. In Article 32 of the Law of Ukraine "On the Unified State Demographic Register and documents confirming the citizenship of Ukraine, certifying a person or his special status" (Vidomosti Verkhovnoi Rady Ukrainy, 2013, № 51, p. 716):

part six shall be worded as follows:

  1. 6. The term of validity, the term of registration and extension of the term of validity of the temporary residence permit shall be determined by the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons";

exclude part seven.

II. final provisions

  1. This Law shall enter into force three months after its publication.
  2. The Cabinet of Ministers of Ukraine within three months from the date of publication of this Law:

to adopt normative legal acts determined by this Law;

bring their regulations in line with this Law;

ensure that ministries and other central executive bodies bring their regulations in line with this Law.

President of Ukraine P. Poroshenko

m. Kyiv
May 23, 2017
№ 2058-VIII

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