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  • Law of Ukraine “On Freedom of Movement and Free Choice of Residence in Ukraine”

Law of Ukraine “On Freedom of Movement and Free Choice of Residence in Ukraine”

02.12.2021

LAW OF UKRAINE

On freedom of movement and free choice of place of residence in Ukraine

(Vidomosti Verkhovnoi Rady Ukrainy (VVR), 2004, No. 15, p. 232)

{With changes made in accordance with Laws N 2756-VI (2756-17) of 02.12.2010, VVR, 2011, N 23, Article 160 of N 5088-VI (5088-17) of 05.07.2012, VVR, 2013, N 30, st.343 N 5492-VI (5492-17) of 20.11.2012, VVR, 2013, N 51, st.716 N 644-VII (644-18) of 10.10.2013, VVR, 2014, N 22 , art.775 N 1207-VII (1207-18) from 15.04.2014, VVR, 2014, N 26, art.892 N 1673-VII (1673-18) from 02.09.2014, VVR, 2014, N 43, art. .2037 N 1706-VII (1706-18) of 20.10.2014, VVR, 2015, N 1, art.1 N 888-VIII (888-19) of 10.12.2015, VVR, 2016, N 3, art.30 N 921-VIII (921-19) of 24.12.2015, VVR, 2016, N 6, art.58 N 1492-VIII (1492-19) of 07.09.2016, VVR, 2016, N 43, art.736 - provisions concerning the application of probation programs come into force on January 1, 2018 N 1973-VIII (1973-19) of 23.03.2017, VVR, 2017, N 17, Article 212}

This Law, in accordance with the Constitution of Ukraine (254k / 96-VR), regulates relations related to freedom of movement and free choice of residence in Ukraine, guaranteed by the Constitution of Ukraine and enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Law on the Protection of Human Rights and Fundamental Freedoms and its Protocols, other international treaties of Ukraine, as well as determines the procedure for exercising freedom of movement and free choice of residence and establishes cases of their restriction.

{Preamble as amended in accordance with Law No. 5088-VI (5088-17) of July 5, 2012}

Article 1. Effect of the Law

This Law applies to citizens of Ukraine, as well as to foreigners and stateless persons staying in Ukraine legally, in accordance with their rights and freedoms provided by the Constitution (254k / 96-VR), laws or international treaties of Ukraine.

Article 2. Freedom of movement and free choice of place of residence in Ukraine

Citizens of Ukraine, as well as foreigners and stateless persons legally staying in Ukraine, are guaranteed freedom of movement and free choice of residence in its territory, except for restrictions established by law.

Registration of the place of residence or stay of a person or his absence may not be a condition for the exercise of rights and freedoms provided by the Constitution (254k / 96-VR), laws or international treaties of Ukraine, or grounds for their restriction.

Article 3. Definition of terms

In this Law, the following terms are used in the following meaning:

freedom of movement - the right of a citizen of Ukraine, as well as a foreigner and stateless persons legally staying in Ukraine, to move freely and unhindered at will in the territory of Ukraine in any direction, in any way, at any time , except for restrictions established by law;

free choice of place of residence or stay - the right of a citizen of Ukraine, as well as a foreigner and stateless persons who are legally on the territory of Ukraine, to choose the administrative-territorial unit where they want to live or stay; {Paragraph three of Article 3 as amended in accordance with Law No. 5492-VI (5492-17) of November 20, 2012}

place of residence - an administrative-territorial unit in the territory of which a person resides for less than six months a year;

place of residence - housing located on the territory of the administrative-territorial unit in which the person lives, as well as specialized social institutions, institutions of social services and social protection, military units; {Paragraph five of Article 3 as amended by Laws No. 1673-VII (1673-18) of September 2, 2014, No. 888-VIII (888-19) of December 10, 2015}

person - an individual;

registration body - the executive body of the village, settlement or city council, village head (if in accordance with the law the executive body of the village council is not formed), which carries out registration, deregistration of residence in the relevant administrative-territorial unit to which they apply powers of the relevant village, town or city council; {Paragraph seven of Article 3 as amended by Laws No. 5088-VI (5088-17) of July 5, 2012, No. 5492-VI (5492-17) of November 20, 2012, No. 1673-VII (1673-18) of September 2, 2014, N 888-VIII (888-19) dated 10.12.2015}

certificate of registration of residence - a document issued by the registration authority to the person at his request and confirming the registration of residence or place of residence of the person; {Paragraph eight of Article 3 as amended in accordance with Law No. 888-VIII (888-19) of December 10, 2015}

documents containing information on the place of residence - passport of a citizen of Ukraine, temporary identity card of a citizen of Ukraine, certificate of permanent residence, certificate of temporary residence, refugee certificate, identity card of a person in need of additional protection, identity card of a person granted temporary protection; {

Article 3 is supplemented by the ninth paragraph in accordance with Law No. 5088-VI (5088-17) of July 5, 2012; in the wording of Law No. 1706-VII (1706-18) of October 20, 2014; with changes made in accordance with Laws N 888-VIII (888-19) of 10.12.2015, N 921-VIII (921-19) of 24.12.2015}

a document containing information about the place of residence - a certificate of application for protection in Ukraine; Article 3 is supplemented by the tenth paragraph in accordance with Law No. 888-VIII (888-19) of December 10, 2015; as amended by Law No. 1973-VIII (1973-19) of March 23, 2017}

registration - entering information into the register of the territorial community, documents containing information about the place of residence / stay of the person, indicating the address of residence / stay with subsequent entry of relevant information into the Unified State Demographic Register in the manner prescribed by the Cabinet of Ministers of Ukraine; {Article 3 is supplemented by the eleventh paragraph in accordance with Law No. 888-VIII (888-19) of December 10, 2015}

register of territorial community - a database intended for storage, processing, use of information specified by this Law, created, maintained and administered by the registration authority for registration of persons residing in the territory of the relevant administrative-territorial unit; {Article 3 is supplemented by the twelfth paragraph in accordance with Law No. 888-VIII (888-19) of December 10, 2015}

deregistration - entering information on deregistration into the register of the territorial community, documents containing information on the place of residence / stay of the person, indicating the address of residence / location with subsequent entry of relevant information in the Unified State Demographic Register established by the Cabinet of Ministers of Ukraine order. {Article 3 is supplemented by the thirteenth paragraph in accordance with Law No. 888-VIII (888-19) of December 10, 2015}

Article 4. Legislation on freedom of movement and free choice of residence

Legislation on freedom of movement and free choice of residence consists of the Constitution of Ukraine (254k / 96-VR), this Law, other laws and international treaties of Ukraine.

If an international treaty of Ukraine establishes norms other than those contained in this Law, the norms of an international treaty approved by the Verkhovna Rada of Ukraine shall apply.

Article 5. Legal grounds for staying on the territory of Ukraine

The legal grounds for staying on the territory of Ukraine are:

for citizens of Ukraine - belonging to the citizenship of Ukraine;

for foreigners and stateless persons - the grounds established by the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" (3773-17). {Paragraph three of Article 3 as amended by Law No. 5088-VI (5088-17) of July 5, 2012}

Article 6. Registration of a person's place of residence

A citizen of Ukraine, as well as a foreigner or a stateless person permanently or temporarily residing in Ukraine, is obliged to register his / her place of residence within thirty calendar days after deregistration and arrival at a new place of residence. Parents or other legal representatives are obliged to register the place of residence of a newborn child within three months from the date of state registration of its birth. Registration of a person's place of residence is carried out on the day the person submits documents. Registration of residence at the request of the person may be carried out by the registration authority with simultaneous removal from the previous place of residence.

If a person cannot apply to the registration body on his / her own, the registration may be carried out at the request of his / her legal representative or representative on the basis of a power of attorney certified in accordance with the procedure established by law (hereinafter - the representative).

For registration, a person or his representative submits to the registration authority (including through the center of administrative services):

written statement;

a document in which information about the place of residence is entered. If the child has not reached the age of 16, a birth certificate is submitted;

receipt of payment of the administrative fee;

documents confirming the right to live in, stay or register in a specialized social institution, institution of social services and social protection, service in the military unit, the address of which is indicated during registration;

military card or certificate of registration (for citizens who are subject to military registration or are on the military register).

In case of submission of the application by the representative of the person, the following shall be additionally submitted:

identity document of the representative;

a document confirming the authority of the person as a representative, except in cases where the legal representatives are the parents (adoptive parents).

Registration of a person's place of residence at the request of the legal representative is carried out with the consent of other legal representatives.

At the request of the parents or one of them, the documents provided for in this article for the registration of the child's place of residence may be submitted to the bodies of state registration of civil status during the state registration of the child.

child. Bodies of state registration of acts of civil status in the order established by the Cabinet of Ministers of Ukraine, send the specified documents to registration bodies for registration of a place of residence of the newborn child.

Registration of the place of residence of a newborn child may also be carried out on the basis of data sent by the social protection authorities, as indicated by the legal representative with whom the child resides, in the application for childbirth assistance.

It is prohibited to require the registration of a place of residence by a person other than the documents provided for in this article.

A person may instruct in the manner prescribed by law to submit an application for registration of residence to the relevant official of the management (maintenance) of an apartment building (dormitory), association of co-owners of an apartment building, housing cooperative, apartment building manager.

Registration of residence is carried out only at one address. If a person lives in two or more places, he registers the place of residence at one of these addresses of his choice. Official correspondence and official correspondence are served with the person at the address of the registered place of residence.

If the new place of residence is in another administrative-territorial unit, the registration authority after registration of such residence sends a notice of deregistration to the relevant registration authority at the previous place of residence in the manner prescribed by the Cabinet of Ministers of Ukraine.

In case of entering false information about the person during registration, the registration authority is obliged to make the necessary changes to the documents containing information about the place of residence / stay, the register of the relevant territorial community on the basis of reliable information submitted by the person or his representative. relevant information to the Unified State Demographic Register in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

If a decision is made to change the numbering of houses, rename streets (avenues, boulevards, squares, alleys, neighborhoods, etc.), settlements, administrative-territorial units, changes in the administrative-territorial structure on the basis of relevant acts are amended to register the territorial community. preservation of preliminary data, with subsequent entry of this information in the Unified State Demographic Register in the manner prescribed by the Cabinet of Ministers of Ukraine.

In the case provided for in part thirteen of this article, the said information shall be entered at the request of the person in the documents, which shall include information about the place of residence / stay. Such information is provided free of charge.

In case of detection of erroneous information about a person in the register of territorial communities, the registration body shall notify the person within thirty days from the date of discovery of such information, and also asks the person to provide reliable information for changes in the relevant register and / or documents. information about the place of residence / stay. The registration body shall transmit the relevant information in accordance with the procedure established by the Cabinet of Ministers of Ukraine for amendments to the Unified State Demographic Register.

Registration and information on the place of residence of individuals and other personal data shall be provided by registration bodies and the central executive body implementing state policy in the field of registration of individuals only in cases provided by the laws of Ukraine and only in the interests of national security, economic prosperity and human rights. with the consent of the person.

Persons who do not reside at the address registered as their place of residence for more than one month and who have unfulfilled property obligations imposed by administrative or court decision, or are called up for military service and do not have deferment, or participate in court proceedings in any capacity, must notify the registration authority in writing of their whereabouts.

Registration and continuation of registration of temporary stay of foreigners, stateless persons is carried out in accordance with the legislation on the legal status of foreigners and stateless persons.

{Article 6 as amended in accordance with Laws No. 2756-VI (2756-17) of 02.12.2010, N 5088-VI (5088-17) of 05.07.2012, N 644-VII (644-18) of 10.10. 2013; as amended by Law No. 888-VIII (888-19) of December 10, 2015}

Article 6-1. Features of registration of the place of residence of homeless persons

Homeless and other persons who do not have a permanent place of residence are registered at the address of a specialized social institution, social service and social protection institution established by local self-government bodies.

Submission of an application for registration, deregistration of the place of residence of such persons in the manner and within the time limits established by this Law shall be entrusted to the respondent.

bottom specialized social institution, institution of social services and social protection, where these persons live.

{The law was supplemented by Article 6-1 in accordance with Law No. 888-VIII (888-19) of December 10, 2015}

Article 7. Deregistration of residence

Deregistration of a person's place of residence is carried out on the basis of:

statements of the person or his representative submitted to the registration authority; {Paragraph two of the first part of Article 7 as amended by Law No. 888-VIII (888-19) of December 10, 2015}

a court decision that has entered into force on deprivation of the right to own a dwelling or the right to use a dwelling, on eviction, on declaring a person missing or declaring him dead;

death certificates;

a passport or passport document received from the body of state registration of civil status, or a death certificate issued by the competent authority of a foreign state, legalized in the prescribed manner;

other documents certifying termination:

grounds for stay of foreigners and stateless persons on the territory of Ukraine;

grounds for living or staying in a specialized social institution, social service and social protection institution;

grounds for the right to use housing.

Withdrawal from registration is carried out on the day of the person's application. At the request of the person, deregistration may be carried out simultaneously with the registration of a new place of residence, taking into account the requirements specified in part eleven of Article 6 of this Law.

{Part two of Article 7 as amended in accordance with Law No. 888-VIII (888-19) of December 10, 2015}

Deregistration of the place of residence of orphans and children deprived of parental care, persons in respect of whom guardianship or custody has been established, is carried out in coordination with the guardianship and custody authorities.

Together with the application the person submits:

a document containing information on deregistration of residence. If the child has not reached the age of 16, a birth certificate is submitted; {Paragraph two of the fourth part of Article 7, as amended in accordance with Law No. 888-VIII (888-19) of December 10, 2015}

military card or certificate of registration (for citizens who are subject to military registration or are on the military register).

In case of submission of the application by the representative of the person, the following shall be additionally submitted:

identity document of the representative;

a document confirming the authority of the person as a representative (legal representative).

{Part five of Article 7 as amended by Law No. 888-VIII (888-19) of December 10, 2015}

Deregistration of a person's place of residence at the request of the legal representative is carried out with the consent of other legal representatives.

A person may instruct in the manner prescribed by law to submit an application for deregistration of residence to the relevant official of the service management (maintenance) of an apartment building (dormitory), association of co-owners of an apartment building, housing cooperative, apartment building manager at his place of residence . {Article 7 is supplemented by part seven in accordance with Law No. 888-VIII (888-19) of December 10, 2015}

{Article 7 as amended by Law No. 5088-VI (5088-17) of July 5, 2012}

{Article 8 is excluded on the basis of Law No. 5492-VI (5492-17) of November 20, 2012}

{Article 9 is excluded on the basis of Law No. 5492-VI (5492-17) of November 20, 2012}

Article 9-1. Grounds for refusal of registration or deregistration of residence

The registration authority shall refuse to register or deregister a place of residence if:

the person has not submitted the documents or information provided by this Law;

the documents submitted by the person contain inaccurate information or the documents submitted by him are invalid;

a person under the age of 14 has applied for registration or deregistration.

The decision to refuse is made on the day of the person's application. The application for registration or deregistration of the place of residence is returned to the person with the reasons for refusal.

{The law was supplemented by Article 9-1 in accordance with Law No. 888-VIII (888-19) of December 10, 2015}

Article 10. Rules of registration of a place of residence

The Cabinet of Ministers of Ukraine shall establish the rules for registration of residence, the forms of documents required for this, and the procedure for the transfer of information by registration authorities to the Unified State Demographic Register (207-2016-n).

{Article 10 as amended by Law No. 888-VIII (888-19) of December 10, 2015}

Article 11. Powers of registration bodies and state bodies in the field of registration of natural persons

The registration authority carries out:

formation and maintenance of the Register of territorial communities;

registration and deregistration of the place of residence / stay of persons within the relevant administrative-territorial unit;

transfer of information and / or entering in the manner prescribed by law information on registration and deregistration of residence / stay in the Unified State Demographic Register.

Central executive body that

ensures the formation of state policy in the field of registration of individuals, carries out:

generalization of the practice of application of normative legal acts on the issues of registration of the place of residence, identification of problematic issues in the field of registration of the place of residence and development of ways of their solution;

development of draft laws and other regulations in the field of residence registration;

establishing, within its powers, software requirements for registers of territorial communities and standards for data exchange between such registers.

Central executive body that ensures the implementation of state policy in the field of registration of individuals:

monitors compliance with the legislation on registration of residence by registration authorities;

provides methodological and technical assistance in ensuring interaction between the registers of territorial communities;

makes proposals to ensure the formation of state policy in the field of registration of individuals and participates in the development of draft laws and other regulations in the field of registration of individuals.

Registration of citizens of Ukraine living outside Ukraine is conducted by foreign diplomatic missions of Ukraine in the manner prescribed by the Cabinet of Ministers of Ukraine.

{Article 11 as amended by Laws No. 5088-VI (5088-17) of July 5, 2012, No. 888-VIII (888-19) of December 10, 2015}

Article 11-1. Administrative fee

For registration, deregistration of residence is paid an administrative fee:

in the case of a person's application within the period established by this Law - in the amount of 0.0085 of the minimum wage;

in case of application of a person in violation of the term established by this Law - in the amount of 0.0255 of the minimum wage.

In case of registration of the place of residence at the same time as removal from the previous place of residence, the administrative fee is charged only for one administrative service and is credited to the local budget for the new place of residence.

{The law was supplemented by Article 11-1 in accordance with Law No. 888-VIII (888-19) of December 10, 2015}

Article 11-2. Register of territorial community

The registration body for the purposes of registration of residence in accordance with this Law shall form and maintain a register of the territorial community. The registration body is the administrator of the relevant register of the territorial community.

Registration authorities exchange information between registers of different territorial communities for registration and deregistration of a person's place of residence in case of departure from one administrative-territorial unit and arrival to another administrative-territorial unit in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

Requirements for the collection, storage, processing, use and protection of information in the registers of territorial communities are determined by law.

The following shall be entered in the register of the territorial community:

personal data:

last name, first name (all first names), patronymic;

date and place of birth;

place of residence;

citizenship information;

unique number of the entry in the Unified State Demographic Register (if such information is included in the passport of a citizen of Ukraine);

date of registration of residence;

last name, first name and patronymic of the representative, if he acts on behalf of the person, and information about the document certifying the authority of the representative;

information about previous place of residence;

date of deregistration of residence (after departure of the person);

name of the registration authority, surname, name, patronymic and position of the person who made entries in the register.

{The law was supplemented by Article 11-2 in accordance with Law No. 888-VIII (888-19) of December 10, 2015}

Article 11-3. Access to registers of territorial communities

Access to information contained in the registers of territorial communities is carried out in compliance with the requirements of this Law, the laws of Ukraine "On Information" (2657-12) and "On Personal Data Protection" (2297-17).

Officials and officials of registry administrators and other public authorities processing personal data entered in the registers are prohibited from disclosing personal data that became known to them in connection with the performance of official duties.

Every person has the right to access his / her personal data entered in the registers, as well as other rights regarding his / her personal data provided by the Law of Ukraine "On Personal Data Protection".

Access to the registers is carried out exclusively authorized, with the preservation of information about the official or official who made the request, and the time of such a request.

The registration body is prohibited from transferring data from the register of the territorial community to third parties for a purpose not provided for by this Law.

The exchange of information between the registration authorities and other public authorities, local governments is carried out with the written consent of the person in order to provide him with administrative services.

The transfer of personal data entered in the registers of territorial communities to public authorities, local governments without the written consent of the person may be carried out only in cases provided by law.

Registry data

in territorial communities can be used for statistical or scientific purposes, provided they are depersonalized.

{The law was supplemented by Article 11-3 in accordance with Law No. 888-VIII (888-19) of December 10, 2015}

Article 12. Restriction of freedom of movement

Freedom of movement under the law may be restricted:

in the border strip;

on the territories of military facilities;

in areas that by law belong to restricted areas;

on private land plots;

in the territories in respect of which martial law or state of emergency has been imposed;

in separate territories and in settlements where in case of danger of distribution of infectious diseases and poisonings of people special conditions and a mode of residence of the population and economic activity are entered;

in the temporarily occupied territories. {Part one of Article 12 is supplemented by the eighth paragraph in accordance with Law No. 1207-VII (1207-18) of April 15, 2014}

Freedom of movement is limited to:

persons to whom, in accordance with procedural law, precautionary measures related to restriction or imprisonment have been applied;

persons serving a sentence of imprisonment or restriction of liberty;

persons released from serving a probation sentence who are prohibited from leaving Ukraine without the consent of the probation authority; {Part two of Article 12 is supplemented by a new paragraph in accordance with Law No. 1492-VIII (1492-19) of September 7, 2016}

persons who are under administrative supervision in accordance with the law;

persons who are subject to involuntary hospitalization and treatment in accordance with the legislation on infectious diseases and psychiatric care;

persons who have applied for refugee status or subsidiary protection and 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 subsidiary protection; {Paragraph of the second part of Article 12 as amended by Law No. 5088-VI (5088-17) of July 5, 2012}

foreigners and stateless persons who have no legal grounds to stay in Ukraine;

persons called up for active military service in the Armed Forces of Ukraine and other military formations formed in accordance with the laws of Ukraine;

foreigners who are part of foreign military units and who have military status.

Freedom of movement may be restricted in other cases provided by law.

Article 13. Restriction of free choice of place of residence

Free choice of residence is limited to administrative-territorial units, which are:

in the border strip;

on the territories of military facilities;

in areas that by law belong to restricted areas;

in the territory where in case of danger of spreading infectious diseases and poisonings of people special conditions and a mode of residence of the population and economic activity are entered;

in the territories in respect of which martial law or state of emergency has been imposed;

in the temporarily occupied territories. {Part one of Article 13 is supplemented by a paragraph in accordance with Law No. 1207-VII (1207-18) of April 15, 2014}

Free choice of residence is limited to:

persons under 14 years of age; {Paragraph two of the second part of Article 13 as amended in accordance with Law No. 5088-VI (5088-17) of July 5, 2012}

persons to whom, in accordance with procedural law, precautionary measures related to restriction or imprisonment have been applied;

persons serving a sentence of imprisonment or restriction of liberty;

persons who are under administrative supervision in accordance with the law;

persons who are subject to involuntary hospitalization and treatment in accordance with the legislation on infectious diseases and psychiatric care;

foreigners and stateless persons who have no legal grounds to stay in Ukraine.

Article 14. Appeal against decisions on freedom of movement, free choice of place of residence, registration of place of residence or stay of a person, actions or inaction of public authorities, officials and officials

Decisions, actions or inaction of public authorities, officials and officials on freedom of movement, free choice of residence, registration of residence or place of residence of a person may be appealed in the manner prescribed by law.

Article 15. Liability for violation of the requirements of this Law

Persons guilty of violating the requirements of this Law shall be liable in accordance with the law.

Article 16. Final provisions

  1. This Law shall enter into force on the day of its publication.
  2. The place of residence of a person who on the day of entry into force of this Law was confirmed by a residence permit or was duly registered shall be considered registered.

If a person has submitted an application for change of residence before the entry into force of this Law, registration of residence is carried out according to the rules in force at the time of adoption of this Law.

  1. The Cabinet of Ministers of Ukraine within three months from the date of entry into force of this Law:

prepare and submit to the Verkhovna Rada of Ukraine

proposals to bring the legislative acts of Ukraine in line with this Law;

to ensure the bringing of normative legal acts of executive bodies into compliance with this Law.

President of Ukraine L. Kuchma

Kyiv, December 11, 2003 N 1382-IV

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