In this post (Part 3 of 3), you'll find all the answers on the legal status of foreigners and stateless persons as per the last edition dated March 26, 2021, and its amendments and upcoming enforcement of the law.
Section III.
RESPONSIBILITY OF FOREIGNERS AND STATELESS PERSONS
Article 31. Prohibition on forced return or forced expulsion or extradition or transfer of a foreigner and a stateless person
Article 32. The order of reimbursement of the expenses connected with compulsory expulsion of foreigners and stateless persons
Article 23. Liability for offenses of foreigners and stateless persons
1. Illegal migrants and other foreigners and stateless persons who have committed criminal, administrative or other offenses shall be liable in accordance with the law.
{Part one of Article 23 as amended by Law № 720-IX of June 17, 2020 }
Article 24. Reduction of the term of temporary stay on the territory of Ukraine
1. If a foreigner or a stateless person does not have grounds for temporary residence established by parts four to twelve of Article 4 of this Law, or for a temporary stay on the territory of Ukraine, their period of stay shall be reduced.
2. The decision to reduce the period of temporary stay of a foreigner and a 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 (illegal) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, or by the Security Service of Ukraine.
{Paragraph one of the second part of Article 24 as amended in accordance with Law № 5459-VI of 16.10.2012 }
The procedure for making a decision and the procedure for reducing the period of temporary stay of foreigners and stateless persons on the territory of Ukraine shall be 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 been notified of the refusal to recognize as a refugee or a person in need of subsidiary protection, who have lost or deprived of refugee status or subsidiary protection and have not exercised their right to appeal such decisions, as well as persons who have been notified of the rejection of the complaint on refusal to issue documents to resolve the issue of recognition as a refugee or a person in need of additional protection, and did not use the right to appeal to the court, persons who received a court decision confirming the decision to refuse to issue documents to resolve the issue of recognition a refugee or a person in need of additional protection in Ukraine must voluntarily return to the country of origin or a third country within a specified period of time unless they have other legal grounds for staying in Ukraine, established by this Law.
2. Foreigners and stateless persons who do not have legal grounds to stay in Ukraine or who cannot fulfill the obligation to leave Ukraine, no later than the date of expiration of the relevant period of their stay due to lack of funds or loss of a passport may voluntarily return to the 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 made by the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, at the request of a foreigner and a stateless person for voluntary return.
{Paragraph one of the third part of Article 25 as amended in accordance with Law № 5459-VI of 16.10.2012 }
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 the event of a decision on voluntary return to a foreigner and a stateless person referred to in parts one and two of this Article, a certificate of the person returning voluntarily shall be issued. This certificate is the basis for the temporary stay of a foreigner and a stateless person in Ukraine for a period until the completion of the voluntary return procedure. Upon completion of the voluntary return procedure, such certificate shall be withdrawn or declared invalid.
5. The term of the voluntary return procedure shall not exceed 60 days.
6. In the case of a decision on the voluntary return of a foreigner or a stateless person who has not reached the age of eighteen, it must be clarified that in the case of voluntary return such a person returns to one of the family members or guardian.
7. During the procedure of voluntary return of a foreigner and a stateless person, the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and others. defined by law categories of migrants, cooperates with international and public organizations, whose statutes provide assistance in the voluntary return of foreigners and stateless persons.
Article 26. Forced return of foreigners and stateless persons
1. For those who were detained by them within the controlled border areas during an attempt or after an illegal crossing of the state border of Ukraine), with subsequent notification within 24 hours to the prosecutor of the grounds for such a decision. The decision on forced return shall specify the period during which the foreigner or stateless person must leave Ukraine. This period should not exceed 30 days from the date of the decision.
2. The 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 a period of three years. The period of prohibition on further entry into Ukraine is calculated from the date of such a decision. The procedure for execution of the decision on the ban on further entry into Ukraine shall be determined by the Cabinet of Ministers of Ukraine.
3. One of the copies of the decision on forced return of foreigners and stateless persons shall be issued to the foreigner or stateless person in respect of whom it was adopted. The decision shall state the grounds for its adoption, the procedure for appeal, and the consequences of non-compliance. The form of the decision on forced return of foreigners and stateless persons is approved by a joint order of the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine.
{Part three of Article 26 as amended in accordance with Laws № 5459-VI of 16.10.2012, № 766-VIII of 10.11.2015 }
4. The decision on the forced return may be appealed in court.
5. A foreigner or a stateless person shall be obliged to leave the territory of Ukraine independently within the period specified in the decision on forced return.
6. The control over the correct and timely execution of the decision on the forced return of a foreigner or a stateless person shall be exercised by the body that adopted it.
In order to control the execution by a foreigner and a stateless person of a decision on the forced return to an official of a state border guard body or a central executive body implementing state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, may accompany such a foreigner and a stateless person on the territory of Ukraine.
{Paragraph two of the sixth part of Article 26, as amended in accordance with Law № 5459-VI of 16.10.2012 }
7. In case of a decision on forced return in the passport document of a foreigner or a stateless person, the visa shall be revoked and the documents confirming the legal grounds for a stay in Ukraine shall be confiscated.
8. Compulsory return shall not apply to foreigners and stateless persons who have not reached 18 years of age, to foreigners and stateless persons covered by the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection".
Foreigners and stateless persons referred to in part twenty of Article 4 of this Law may not be forcibly returned to the country of origin or a third country that committed an act of aggression against Ukraine, or to a country that does not recognize the territorial integrity and sovereignty of Ukraine or refuses to recognize illegality encroachments on the territorial integrity and sovereignty of Ukraine, in particular, voted against the Resolution of the United Nations General Assembly "On the Territorial Integrity of Ukraine" of March 27, 2014, № 68/262.
{Part eight of Article 26 is supplemented by the second paragraph in accordance with Law № 2743-VIII of June 6, 2019 }
Article 27. Extradition of foreigners and stateless persons
1. A stateless person who permanently resides in Ukraine and has committed a criminal offense outside Ukraine may not be extradited to another state to be prosecuted or to have a court sentence executed.
{Part one of Article 27 as amended in accordance with Law № 720-IX of June 17, 2020 }
2. The issue of extradition of foreigners who are in Ukraine and have committed a criminal offense outside Ukraine shall be regulated by legislative acts of Ukraine and international treaties of Ukraine.
{Part two of Article 27 as amended by Law № 720-IX of June 17, 2020 }
3. The 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 for serving a sentence
1. Foreigners who have committed criminal offenses on the territory of Ukraine and have been convicted of them in accordance with the legislative acts of Ukraine may be transferred to serve the sentences of those states of which they are nationals if such transfer is provided by international treaties of Ukraine.
{Part one of Article 28 as amended by Law № 720-IX of June 17, 2020 }
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. International readmission agreements of Ukraine
1. The transfer from Ukraine or admission to Ukraine of a foreigner or a stateless person shall be carried out in accordance with an international readmission agreement.
2. The admission by Ukraine of a foreigner or a stateless person in accordance with an international readmission agreement does not change the grounds for a stay on the territory of Ukraine that existed before such admission.
3. Foreigners or stateless persons admitted in accordance with an international readmission agreement who have no legal grounds to stay on the territory of Ukraine shall be subject to forced expulsion if such foreigners or stateless persons live between Ukraine and the country of citizenship or the country of previous permanent residence. citizenship there is no readmission agreement.
Article 30. The forced expulsion of foreigners and stateless persons
1. The central executive body that implements state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other statutory categories of migrants, state border guards (in relation to foreigners and stateless persons detained by them within controlled border areas during an attempt or after illegal crossing of the state border of Ukraine) or the Security Service of Ukraine may only on the basis of an administrative court ruling forcibly expel a foreigner and a stateless person from Ukraine , if they have not complied with the decision on forced return within the established term without valid reasons or if there are reasonable grounds to believe that a foreigner or a stateless person shall evade the execution of such a decision, except in cases of detention of a foreigner or a stateless person for illegal crossing of the state border of Ukraine outside checkpoints across the state border of Ukraine and their transfer to border authorities of a neighboring state.
A lawsuit on forced expulsion is not filed against foreigners and stateless persons, the grounds for the forced expulsion of which are found at checkpoints (checkpoints) across the state border during their departure from Ukraine.
{Part one of Article 30 is supplemented by the second paragraph in accordance with Law № 1379-VIII of May 19, 2016 }
Foreigners and stateless persons referred to in this article are prohibited from further entry into Ukraine for a period of five years. The term of the ban on further entry into Ukraine is calculated from the date of such decision and is added to the term of the ban on entry into Ukraine, which the person had before.
{Part one of Article 30 is supplemented by the third paragraph in accordance with Law № 1379-VIII of May 19, 2016 }
2. The decision of the court on the forced expulsion of foreigners and stateless persons may be appealed in the manner prescribed by law.
3. The central executive body that implements state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other statutory categories of migrants, or the state border guard body on the basis of the relevant decision with the subsequent notification within 24 hours the prosecutor places foreigners and stateless persons specified in part one of this article in points of temporary stay of foreigners and stateless persons who are illegally on the territory of Ukraine.
4. Foreigners and stateless persons who do not have legal grounds to stay on the territory of Ukraine, are detained in accordance with the established procedure and are subject to forced expulsion outside Ukraine, including those accepted in accordance with international readmission treaties, placed in temporary stays of foreigners and stateless persons who are illegally staying in Ukraine, for the period necessary for their identification and ensuring forced expulsion (readmission) outside Ukraine, but not more than for eighteen months.
If a person applies for recognition as a refugee or a person in need of additional protection in Ukraine during his/her stay in the temporary stay of foreigners and stateless persons who are illegally staying in Ukraine, he/she shall continue to be in the specified point until the final decision on a statement.
{Part four of Article 30 as amended by Law № 1379-VIII of May 19, 2016 }
5. The court decision on forced expulsion of a foreigner or a stateless person is executed by the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and others. categories of migrants defined by law, and in respect of foreigners and stateless persons detained by them within the controlled border areas during the attempt or after the illegal crossing of the state border of Ukraine - by the state border guard body. Control over the correct and timely execution of the decision on forced expulsion is carried out by the body on whose claim the court made the decision on forced expulsion.
{Paragraph one of the fifth part of Article 30 as amended in accordance with Law № 5459-VI of 16.10.2012 }
Central executive body that implements state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other statutory categories of migrants, whose official accompanied a foreigner and a person without citizenship, which is forcibly expelled at the request of a body of the Security Service of Ukraine, informs such body about the execution of the decision on forced expulsion.
{Paragraph two of the fifth part of Article 30 as amended in accordance with Law № 5459-VI of 16.10.2012 }
6. The standard provision on the point of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine shall be 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 combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by law, the Security Service of Ukraine or the body protection of the state border provides fingerprinting of foreigners and stateless persons referred to in part one of this article, and if necessary, taking other biometric data in accordance with the law.
8. The provisions of this Article shall not apply to foreigners and stateless persons to whom the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection" applies.
Article 31. Prohibition on forced return or forced expulsion or extradition or transfer of a foreigner and a stateless person
1. A foreigner or a stateless person may not be forcibly returned or forcibly deported or extradited or transferred to countries:
where their life or liberty will be in danger on the grounds of race, religion, nationality, citizenship (nationality), belonging to a particular social group or political beliefs;
where they face the death penalty or execution, torture, cruel, inhuman or degrading treatment or punishment;
where their lives or health, safety or liberty are in danger as a result of widespread violence in situations of international or domestic armed conflict or systematic human rights violations, or natural or man-made disasters, or lack of medical treatment or life-sustaining care;
where they face expulsion or forced return to countries where such cases may occur.
2. Collective forced expulsion of foreigners and stateless persons is prohibited.
Article 32. The order of reimbursement of the expenses connected with compulsory expulsion of foreigners and stateless persons
1. Foreigners and stateless persons who, in accordance with a court decision, are subject to forced expulsion outside Ukraine, shall reimburse the expenses related to expulsion in accordance with the procedure established by law.
If these foreigners and stateless persons do not have the funds to reimburse the costs associated with their expulsion from Ukraine, the expulsion is carried out at the expense of the state budget.
2. Natural or legal persons who invited or received foreigners and stateless persons, arranged their illegal entry, residence, employment, assisted in evading departure after the expiration of the stay, by the court decision in the manner prescribed by law reimburse the costs incurred by the state due to the expulsion of these foreigners and stateless persons.
3. The cost estimate necessary for the execution of the decision on forced expulsion of a foreigner and a stateless person shall include the cost of:
travel tickets for a foreigner and a stateless person and persons accompanying him;
services for the detention of a foreigner and a stateless person in points of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine;
personal identification services;
services for processing documents and performing other actions related to forced eviction, etc.
4. Expenditures related to forced evictions shall be kept by the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and others. defined by law categories of migrants, state border guards, which in two copies is an act in the prescribed form, respectively, the Ministry of Internal Affairs of Ukraine, the central executive body that ensures the formation of state policy in the field of state border protection.
{Part four of Article 32 as amended by Law № 5459-VI of 16.10.2012 }
5. A foreigner and a stateless person shall be notified against a receipt of the total amount of expenses related to the forced expulsion, calculated in the prices on the day of settlement with him. In case of refusal of a foreigner and a stateless person to confirm the number of expenses presented to him for reimbursement, an appropriate mark shall be made in the act indicating the reason for refusal.
6. In case of refusal of a foreigner or a stateless person to reimburse the expenses necessary for the execution of the decision on his / her forced expulsion from Ukraine, the relevant funds may be recovered from him/her in court.
7. If cash is found in a foreigner or a stateless person in respect of whom a court decision on forced expulsion has been made, it shall be confiscated by an act and used to ensure the execution of the decision on forced expulsion in accordance with the cost estimate.
8. In case of refusal of the host party, which invited foreigners and stateless persons to Ukraine, to reimburse the costs associated with the forced expulsion of such foreigners and stateless persons, the relevant funds may be recovered from them in court.
The Ministry of Health recommends on PCR or rapid test document:
Be in English (translation into Ukrainian is preferable - not obligatory.
State the sample collection time and the time when received the result.
Specifically, mention the test type – PCR – polymerase chain reaction.
Show the full name, date of birth, and passport number of the traveler.
Include name, address, and contact details of the lab performing the test
Clearly state the result – COVID-19 Not detected or negative.
Useful links COVID-19 Testing
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