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  • Order of the Ministry of Internal Affairs of December 17, 2013 No. 1235 “On approval of the Instruction on the procedure for the adoption by the State Migration Service of Ukraine and its territorial bodies of decisions on the prohibition of entry into Ukraine for foreigners and stateless persons”

Order of the Ministry of Internal Affairs of December 17, 2013 No. 1235 “On approval of the Instruction on the procedure for the adoption by the State Migration Service of Ukraine and its territorial bodies of decisions on the prohibition of entry into Ukraine for foreigners and stateless persons”

02.12.2021

MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

ORDER

17.12.2013 № 1235

Registered in the Ministry
Justice of Ukraine
January 11, 2014
for № 25/24802
About the statement of the Instruction on the procedure for acceptance by the State migration service of Ukraine and its territorial bodies of decisions on a ban on entry into Ukraine to foreigners and stateless persons

"With changes made in accordance with the Orders of the Ministry of Internal Affairs
№ 1091 dated 09.09.2015
№ 15 from 01/16/2017}

According to Article 13 of the Law of Ukraine "On Legal Status of Foreigners and Stateless Persons", Resolution of the Cabinet of Ministers of Ukraine of April 17, 2013 № 280 "On Approval of the Procedure for Providing the State Border Guard Service , and repealing some resolutions of the Cabinet of Ministers of Ukraine ", in order to streamline the work on the adoption by the State Migration Service of Ukraine and its territorial bodies of decisions banning entry into Ukraine for foreigners and stateless persons ORDER:

  1. To approve the Instruction on the procedure for making decisions by the State Migration Service of Ukraine and its territorial bodies on the ban on entry into Ukraine for foreigners and stateless persons, which is attached.
  2. To the Department of Interaction with the Central Bodies of Executive Power and the Bodies of Military Administration of the Ministry of Internal Affairs of Ukraine (Markin EV) to submit this order for state registration to the Ministry of Justice of Ukraine in accordance with the established procedure.
  3. I reserve the right to control the execution of this order.
  4. This order becomes effective from the date of its official publication.

Minister
general of the interior
services of Ukraine

V.Yu. Zakharchenko
AGREED:

Head
State Migration Service of Ukraine

Minister of Health of Ukraine

T.v.o. Heads
State Border Guard Service of Ukraine

T. c. at. Minister of Foreign Affairs of Ukraine

M.M. Kovalchuk

R. Bogatyreva

PAS. Shisholin

R.M. Demchenko
APPROVED
Order of the Ministry
of Internal Affairs of Ukraine
17.12.2013 № 1235
Registered in the Ministry
Justice of Ukraine
January 11, 2014
for № 25/24802
INSTRUCTION
on the procedure for the adoption by the State Migration Service of Ukraine and its territorial bodies of decisions prohibiting entry into Ukraine for foreigners and stateless persons

{In the text of the Instruction, the word "LCA of Ukraine" is replaced by the abbreviation "LCA" in accordance with the Order of the Ministry of Internal Affairs № 1091 of 09.09.2015}

  1. This Instruction determines the procedure for the adoption by the State Migration Service of Ukraine and its territorial bodies of decisions prohibiting entry into Ukraine for foreigners and stateless persons (hereinafter - persons) whose stay in Ukraine is not allowed.
  2. This Instruction is developed in accordance with Article 13 of the Law of Ukraine "On Legal Status of Foreigners and Stateless Persons" and the Procedure for Providing and Executing Instructions of Authorized State Bodies on Crossing the State Border, approved by the Cabinet of Ministers of April 17 2013 № 280.
  3. The decision to ban persons from entering Ukraine shall be made by the LCA and its territorial bodies on the grounds specified in the second, third and seventh paragraphs of the first part of Article 13 of the Law of Ukraine "On Legal Status of Foreigners and Stateless Persons".

This Instruction does not apply to the decision to prohibit further entry into Ukraine of persons, which is taken by territorial bodies and territorial subdivisions of the State Migration Service, state border guards, bodies of the Security Service of Ukraine in accordance with Article 26 of the Law of Ukraine "On Legal Status of Foreigners and Stateless Persons". ".

  1. The decision to ban persons from entering Ukraine shall be made by the LCA and its territorial bodies on the initiative of:

a) subdivisions of the Working Office of the UkrBureau of Interpol - in case of establishing grounds for banning entry into Ukraine of persons in the process of cooperation with law enforcement agencies of other states and international law enforcement organizations;

b) criminal police units - in case of establishing grounds for banning entry into Ukraine of persons during operational and investigative activities;

{Subparagraph "b" of paragraph 4 as amended in accordance with the Order of the Ministry of Internal Affairs № 15 of 16.01.2017}

c) pre-trial police investigation bodies - in case of establishing grounds for banning persons from entering Ukraine during criminal proceedings;

{Sub-item "c" of item 4 as amended in accordance with the Order of the Ministry of Internal Affairs № 15 of 16.01.2017}

d) patrol police units - in case of establishing grounds for banning entry into Ukraine of persons during proceedings on administrative offenses, preparation or implementation of measures to ensure public order;

{Subparagraph "d" of paragraph 4 as amended in accordance with the Order of the Ministry of Internal Affairs № 15 of 16.01.2017}

e) health care authorities - in case of establishing grounds for banning entry into Ukraine if it is necessary for the protection of

health, protection of the rights and legitimate interests of citizens of Ukraine and other persons residing in Ukraine;

e) on its own initiative or at the request of a public or private executor - if during the previous stay in Ukraine the person did not comply with the decision of the court or public authorities authorized to impose administrative penalties, or has other unfulfilled property obligations to the state, physical or legal entities, including those related to the previous expulsion, including after the expiration of the ban on further entry into Ukraine.

"Sub-item" d "of item 4 as amended by the Order of the Ministry of Internal Affairs № 1091 of 09.09.2015; with changes made in accordance with the Order of the Ministry of Internal Affairs № 15 of 16.01.2017}

  1. After receiving the data justifying the need to prohibit entry into Ukraine, the bodies and departments specified in paragraph 4 of this Instruction, send to the LCA or its territorial bodies a reasoned request (certificate, report), which indicates such information about the person :

a) citizenship (citizenship);

b) surname, name (s) and patronymic (if any) of the person in the nominative case (for citizens of the Russian Federation and the Republic of Belarus - in Russian with duplication in Latin, for other foreigners and stateless persons - in Latin);

c) date of birth (day, month, year);

d) to become;

e) place of residence;

e) series and number of the passport document, when and by whom it was issued;

f) information which, in accordance with the second, third and seventh paragraphs of the first part of Article 13 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" provides grounds for a decision to ban a person from entering Ukraine;

g) the proposed period of entry ban and information justifying its duration (circumstances and nature of the commission of a socially dangerous act by a foreigner or a stateless person; unfulfilled property obligations to legal entities or individuals in Ukraine).

  1. The decision to ban a person from entering Ukraine is made on the basis of a reasoned request (certificate, report) specified in paragraph 5 of this Instruction, by making a decision to ban entry into Ukraine, according to the form in the annex to this Instruction.
  2. The decision to ban a person from entering Ukraine shall be signed by the head of the structural subdivision of the LCA staff, the head of the migration department of the GUDMS, UDMS of Ukraine in the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol and approved:

in the LCA office - the Chairman, First Deputy or Deputy;

in the main departments, departments of the LCA in the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol - the head of the relevant GUDMS, UDMS, his first deputy or deputy.

  1. The LCA or its territorial body, which prepared the decision to ban a person from entering Ukraine, within three days sends a certified copy of such decision together with the order to ban a person from entering Ukraine to the Main Center for Special Information Processing of the State Border Guard Service of Ukraine, located: street Volodymyrska, 26, Kyiv, 01601, executed in accordance with the requirements of the Resolution of the Cabinet of Ministers of Ukraine of April 17, 2013 № 280 "On approval of the Procedure for providing the State Border Guard Service and its instructions repealed some resolutions of the Cabinet of Ministers of Ukraine ".
  2. The LCA and its territorial bodies shall notify the initiators of the appeal specified in paragraph 4 of this Instruction of the decision to ban a person from entering Ukraine.
  3. Before issuing instructions to the Main Center for Special Information Processing of the State Border Guard Service of Ukraine on banning entry into Ukraine of officials of foreign authorities accredited in Ukraine to employees of diplomatic missions and consular posts and members of their families, representatives of foreign media, such decision is agreed with the Ministry of Foreign Affairs Of Ukraine.
  4. The LCA and its territorial bodies inform the Ministry of Foreign Affairs of Ukraine about the decision to ban the entry into Ukraine of foreigners who are founders, owners or managers of legal entities - business entities in Ukraine, a representative of a foreign religious or public organization.
  5. The term of a ban on entry into Ukraine for a person is calculated from the date of approval of the decision on ban on entry into Ukraine for a person.
  6. Materials on the decision to ban a person from entering Ukraine are stored in the structural unit of the LCA or the territorial body that prepared the decision to ban a person from entering Ukraine, within 1 year after the expiration of the ban on entry into Ukraine.

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