Act Of The Legal Status Of Foreigners And Stateless Persons

The amended in accordance with the laws of N 1807-III 08.06.2000, VVR, 2000, 1938 N, N st.318 2247-III of 18.01.2001, VVR, 2001, 1913 N, N st.66 177-IV of Sept. 26, 2002, VVR, 2002, 1946 N, N st.347 506-IV of 06.02.2003, VVR, 2003, 1916 N, N st.117 662-IV of 03.04.2003, VVR, 2003, N 27-st.209 take effect on August 1, 2003 N 1277-IV of 18.11.2003, VVR, 2004, N 11, Article Code N 2747-IV of 06.07.2005, VVR, 2005, N 35-36, st.446)

(In the title and text of the word "aliens" and "foreigners" in all cases replaced by the word "aliens" and "foreigners" in the rate of the law N 506-IV of 06.02.2003) The Act defines the legal status of foreigners in Ukraine, establishes a fundamental right, freedom and responsibility of foreign citizens and stateless persons who reside in or visit Ukraine, and determine issues relating to their entry or departure in Ukraine

The content:

Section I. GENERAL PROVISIONS

Article 1.Definition of terms

Article2.Basic legal status of foreigners and stateless persons

Article 3.Immigration and temporary stay of foreign citizens and stateless persons

Article 4.Asylum

Article 5.Obtaining refugee status

Article 6.Obtaining citizenship

Section II.BASIC RIGHTS AND RESPONSIBILITIES OF FOREIGNERS

Article 7.Right on investment and business activities

Article 8.The right to work

Article 9.The right to rest

Article 10.The right to health

Article 11.The right to social security

Article 12.The right to housing

Article 13.Property and personal non-property rights

Article 14.Right to education

Article 15.The right to culture

Article 16.The right to participate in civic

Article 17.The right to freedom of conscience

Article 18.The rights to marriage and family relations

Article 19.Guarantees of the rights

Article 20.The movement on the territory of Ukraine and residence

Article 21.Taxing foreigners and stateless persons

Article 22.Protecting the rights of foreigners and stateless persons

Article 23.Attitudes towards elections and referendums

Article 24.The general conscription

Section III.UKRAINU RETURN TO LEAVE AND UKRAINE

Article 25.Entry to Ukraine

Article 26.Departure from Ukraine

Article 27.Transit through the territory of Ukraine

Article 28.Entry to Ukraine, leaving Ukraine, transit through the territory of Ukraine

Section IV.RESPONSIBILITY OF FOREIGNERS

Article 29.Basis of liability for the offence

Article 30.Liability for violation of the visit to Ukraine, transit through its territory

Article 31.Reducing the temporary

Article 32.Expulsion from Ukraine

Section V.FINAL PROVISIONS

Article 33.International treaties

Article 34.The privileges and immunities of members of foreign conditions

Foreigners and stateless person

"(The amended in accordance with the laws of N 1807-III 08.06.2000, VVR, 2000, 1938 N, N st.318 2247-III of 18.01.2001, VVR, 2001, 1913 N, N st.66 177-IV of Sept. 26, 2002, VVR, 2002, 1946 N, N st.347 506-IV of 06.02.2003, VVR, 2003, No. 16, N st.117 662-IV of 03.04.2003, VVR, 2003, N 27, st.209-takes effect Aug. 1, 2003 N 1277-IV of 18.11.2003, VVR, 2004, N 11, Article Code N 2747-IV of 06.07.2005, VVR, 2005, N 35-36, st.446) (in the title and text of the word "aliens" and "foreigners" in all rates replaced by the word "aliens" and "foreigners" in the rate of the law N 506-IV of 06.02.2003) The Act defines the legal status of foreigners in Ukraine, establishes a fundamental right, freedom and responsibility of foreign citizens and stateless persons who reside in or visit Ukraine, and determine issues relating to their entry into or departure from Ukraine

Section I. GENERAL PROVISIONS

Article 1. Definition of terms

Foreigner-is a person who is not a citizen of Ukraine and is a citizen (subject), another State or Power

Stateless person-is a person, which no State of the legislation does not recognize their nationality.

Nobody paper-national passport or document, which it replaces.

Article2.Basic legal status of foreigners and stateless persons

Foreigners and stateless persons who have the same rights and freedoms and duties as citizens of Ukraine, unless otherwise stipulated by the Constitution, these and other Ukrainian laws as well as international treaties.

Foreigners and stateless persons are equal before the law irrespective of origin, social and property status, race, nationality, sex, language, religion, occupation and other circumstances.

If a foreign State imposes restrictions on the rights and freedoms of citizens of Ukraine, the Cabinet of Ministers may decide to establish a procedure for the enjoyment of the rights and freedoms of citizens of the State in the territory of Ukraine. This decision shall enter into force upon its publication. It can be withdrawn if the grounds on which it was taken.

The Foreigners of their rights and freedoms must not harm the national interests of Ukraine, the rights, freedoms and legitimate interests of its citizens and other persons residing in Ukraine.

Foreigners and stateless persons must respect and uphold the Constitution and laws of Ukraine to respect the traditions and customs of the people of Ukraine.

Article 3. Immigration and temporary stay of foreign citizens and stateless persons

Foreigners and stateless persons may, in due course immigrate to Ukraine for permanent residence or coming to work for a period of time and stay in its territory.

Foreigners and stateless persons who immigrated to stay or return to temporary employment receive certification for permanent or temporary residence.

The procedure for granting permission to immigrate, as well as certificates of residence and other issues related to immigration, foreigners and stateless persons are governed by the Immigration Act.

Foreigners and stateless persons who are in Ukraine on other legitimate grounds, such as that temporarily located in Ukraine. They are required in a manner to be determined by the Cabinet of Ministers, to register their passport documents, and leave Ukraine after the completion of their stay.

If foreigners and stateless persons who are temporarily in Ukraine, change of residence, they must notify the police department, which registered their passport documents.

Article 4. Asylum

The Constitution and the laws of Ukraine to foreigners and stateless persons may be granted asylum.

Article 5. Obtaining refugee status

Accordingly, the Act "On refugees" foreigners and stateless persons may be granted refugee status in Ukraine.

Article 6. Obtaining citizenship

Under the Constitution and the Law on Citizenship of Ukraine foreigners can obtain Ukrainian citizenship (naturalized).

Section II. BASIC RIGHTS AND RESPONSIBILITIES OF FOREIGNERS

Article 7.Right on investment and business activitiesv

Foreigners and stateless persons who have the right to engage in investment in Ukraine, as well as foreign trade and other business under Ukrainian law. In doing so, they have the same rights and duties as citizens of Ukraine, unless otherwise derived from the Constitution and laws of Ukraine.

Article 8. The right to work

Foreigners and stateless persons who have the same rights as citizens of Ukraine, the rights and duties of labour relations, unless otherwise provided by law or international agreements. Foreigners and stateless persons who reside in Ukraine, and granted refugee status in Ukraine, have the right to work in enterprises, institutions and organizations, or engage in other employment on grounds and procedures established for the citizens of Ukraine. Foreigners and stateless persons who have come to Ukraine to work for a period of time, can work respectively received in due course of a work. Employment in Ukraine foreigners and stateless persons employed investor in the borders and at the (training), as defined by the distribution of products is without work permits. Foreigners and stateless persons may not be appointed to certain positions or engage in certain employment, if appropriate legislation Ukraine appointment to the posts or engage in such activities is subject to Ukrainian citizenship. Foreigners and stateless persons may not be appointed to certain positions or engage in certain work provided, in accordance with Ukrainian legislation, the appointment of these positions or engage in such activities connected on Ukrainian citizenship.

Article 9. The right to rest

Foreigners and stateless persons have the right to rest as citizens of Ukraine.

Article 10.The right to health

Foreigners and stateless persons who reside in Ukraine, and granted refugee status in Ukraine enjoy the same medical service to its citizens. All other foreigners and stateless persons medical care provided in a manner to be determined by the Cabinet of Ministers.

Article 11.The right to social security

Foreigners and stateless persons who have the right to social security, including pensions and other forms of social assistance, in accordance with Ukrainian legislation and international agreements. Where to draw a certain length of service , and an alien or stateless person on the grounds and in the manner prescribed by law or international agreements might credited years of service abroad.

Article 12. The right to housing

Foreigners and stateless persons who reside in Ukraine are entitled to and in accordance with the procedure established for the citizens of Ukraine, a dwelling unless otherwise provided by the laws of Ukraine. Ownership of housing foreigners are in accordance with Ukrainian law. Foreigners and stateless persons should manage to take them to shelter, to rules regarding the use of residential premises.

Article 13. Property and personal non-property rights

Foreigners and stateless persons may, in accordance with Ukrainian legislation own property, inherit and bequeath it, as well as personal rights.

Article 14. Right to education

Foreigners and stateless persons who reside in Ukraine, have the right to education as citizens of Ukraine. All other foreigners pay for their training , unless otherwise provided by law or international agreements. Foreigners and stateless persons taken in educational institutions of Ukraine, rights and duties of pupils and students in accordance with Ukrainian law.

Article 15. The right to culture

Foreigners and stateless persons are entitled to enjoy the benefits of culture as citizens of Ukraine and must manage to check the history and culture of other cultural values.

Article 16. The right to participate in civic

Foreigners and stateless persons who reside in Ukraine, have the right, on an equal footing with citizens of Ukraine in legalized citizen, unless otherwise provided by the laws of Ukraine and where required by the statutes of the association. Foreigners and stateless persons can not be members of political parties of Ukraine.

Article 17. The right to freedom of conscience

Foreigners the right to freedom of conscience as citizens of Ukraine. The incitement to religious hatred and violence, as well as an affront to the citizens of Ukraine and foreigners and stateless persons on the basis of their religious beliefs.

Article 18. The rights to marriage and family relations

Foreigners and stateless persons may enter and dissolve marriages with the citizens of Ukraine and other persons in accordance with Ukrainian law. Foreigners and stateless persons who have the same rights as citizens of Ukraine, the rights and duties in marriage and family relations.

Article 19. Guarantees of the rights

Ukrainian law, foreigners and stateless persons are guaranteed inviolability of the person, housing, privacy and family life, privacy of correspondence, telephone conversations and telegraphic communications dignity as citizens of Ukraine.

Article 20. The movement on the territory of Ukraine and residence

Foreigners and stateless persons may travel on the territory of Ukraine and to elect domicile in line with the procedure established by the Cabinet of Ministers . Restrictions on movement and choice of residence are permitted if necessary to the security of Ukraine, the protection of public order, health, rights and lawful interests of its citizens and other persons residing in Ukraine.

Article 21. Taxing foreigners and stateless persons

Foreigners and stateless persons who are subject to taxes and fees in accordance with the laws of Ukraine and international treaties. Foreigners and stateless persons who have been granted refugee status in Ukraine, have the same rights as citizens of Ukraine, the right to travel, freedom to choose one's residence, subject to the restrictions established by law.

Article 22. Protecting the rights of foreigners and stateless persons

Foreigners and stateless persons who have the right of access to courts and other public bodies for the protection of their personal, property and other rights. The Aliens enjoy the same procedural rights as citizens of Ukraine.

Article 23. Attitudes towards elections and referendums

Foreigners and stateless persons can not vote or be elected to State or local government, as well as to participate in referendums.

Article 24.The general conscription

Foreigners and stateless persons not subject to compulsory military service, they do not receive military service in the Ukrainian armed forces and other military formations established in accordance with Ukrainian law.

Section III. UKRAINU RETURN TO LEAVE AND UKRAINE

Article 25.Entry to Ukraine

Foreigners and stateless persons may enter Ukraine on a false passport documents. The foreigners and stateless persons should contact the appropriate visa, unless otherwise provided by Ukrainian legislation.

Entry to Ukraine and the alien or stateless person is not allowed :

-- in the interest of safety in Ukraine or public order;

-- if it is necessary for the health, rights and lawful interests of citizens and other persons residing in Ukraine;

--where, in violation of applying to enter Ukraine he provided deliberately false information or forged documents;

-- if his passport document, forged visas, damaged or do not meet the established model, or belongs to someone else;

-- if at the point of entry across the state border of Ukraine violated the rules of the state border of Ukraine, customs regulations, health regulations or rules or failed to comply with the legal requirements of the State Border Service, Customs and other authorities who control the state border;

-- if found to have violated laws of Ukraine during a previous stay in Ukraine.

Article 26.Departure from Ukraine

Foreigners and stateless persons travelling from Ukraine on a false passport documents. Foreigners and stateless persons who have been granted refugee status in Ukraine, have the same rights as citizens of Ukraine, the right to freedom of leaving the territory of Ukraine, with the exception of restrictions established by law.

Departure from Ukraine and the alien or stateless person is not permitted if:

--it is on the inquiry or preliminary investigation or criminal trial, pending the outcome of the case;

--he was convicted of a crime until he has served his sentence or dismissal of penalties;

--their departure is not in the interests of ensuring the security of Ukraine until the circumstances that prevent travel.

Departure from Ukraine foreigners and stateless persons may be postponed until the performance of material obligations to individuals and legal entities in Ukraine.

Article 27.Transit through the territory of Ukraine

To the country of destination is permitted if transit visas, unless otherwise provided by the laws of Ukraine.

Article 28. Entry to Ukraine, leaving Ukraine, transit through the territory of Ukraine

Ukraine immigration of foreigners and stateless persons, their departure from Ukraine and the transit through its territory of the Act set out the Cabinet of Ministers and to be published.

Section IV. RESPONSIBILITY OF FOREIGNERS

Article 29. Basis of liability for the offence

Foreigners and stateless persons who have committed crimes, administrative or other violations were responsible for the common ground.

Article 30. Liability for violation of the visit to Ukraine, transit through its territory

Foreigners who violate the prescribed process for staying in Ukraine, that is, living without documents entitling them to reside in Ukraine, or having an invalid document, failure to comply with the established procedure for registration, movement and choice of residence, employment, failure to depart at the end of the stay, as well as the failure of transit through the territory of Ukraine are subject to the measures, in accordance with Ukrainian legislation.

Article 31.Reducing the temporary

Stay in Ukraine foreigner who violates the legislation if they do not include administrative or criminal liability may be the length of his stay in Ukraine. That period may also be curtailed if an alien or stateless persons no longer has a reason to stay in Ukraine. The decision to curtail the temporary stay of foreigners and stateless persons in Ukraine is taken by the Home Affairs, the State Border Service of Ukraine.

Article 32.Expulsion from Ukraine

Foreigners or stateless person who has committed a crime or administrative offence, after serving his sentence or intended perform administrative penalty may be expelled from Ukraine. The decision to expel him from Ukraine after serving their sentence or execution of the administrative penalty is taken by the Home Office on its seat with a message for 24 hours of the grounds for the decision. The decision of the Interior removal of an alien or stateless persons deported from Ukraine may be accompanied by a ban of entry into Ukraine up to the fifth year. Dates prohibition of entry into Ukraine calculated from the date of issuance of such decision. The implementation of a ban of entry into Ukraine is determined by the legislation of Ukraine. Except as described in the first part of this article, an alien or stateless person may be expelled from Ukraine by a decision of the Interior, the State Border Protection (for individuals that the detainees in border control in the border areas, or after trying to illegally cross the state border in Ukraine), or the Security Service to the following (within 24 hours) a message of the grounds for taking such a decision, if the foreigner and stateless persons who flagrantly violate the law on the status of foreigners and stateless persons, or against the interests of the Ukrainian security or public order, or if it is necessary for the health, rights and lawful interests of citizens of Ukraine. An alien or stateless person to leave the territory of Ukraine, the Procurator's Office. In the event of a decision to expel an alien or stateless person for Border in his passport document visa is immediately annulled and his title to stay in Ukraine. A foreigner and stateless person may be granted up to 30 days to leave the Ukraine after the decision. The Home Affairs or the State Border Protection can detain and forcibly removed from Ukraine alien or stateless person on the basis of the administrative court. The ruling by the Court on the request of the Interior, the body of the state border, or of the Security Service of Ukraine, if the alien or stateless person to exercise after a decision to expel or there is reasonable cause to believe that they will escape exit. Foreigners and stateless persons detained for staying illegally in the territory of Ukraine (for violations of the ban on entry to Ukraine because of a lack of certain laws and international treaties slap to stay in Ukraine (transit through its territory), including the host country to another, fake, or broken in, that do not meet the prescribed model, visa (permission), white paper), housed in temporary stay of foreigners and stateless persons who are in Ukraine illegally, regulated internal regulations for the period necessary for their removal from Ukraine, for example, but not more than six months. Typical a temporary stay of foreigners and stateless persons who are in Ukraine illegally, said the Cabinet of Ministers. The decision of the Interior, the State Border Protection or the Security Service to expel foreigners and stateless persons from Ukraine may be appealed in court. An appeal halts enforcement of the expulsion, except in cases where immediate expulsion due to the security interests of Ukraine, or public order. The expulsion of foreigners and stateless persons who are detained in border control in the border areas, or after trying to illegally cross the state border in Ukraine, carried out by the border and, in other cases, the internal affairs. The correct and timely implementation of the decision on removal of the body that it had. Foreigners and stateless persons who are subject to removal, recovered the cost of removal, in the manner prescribed by law. If the foreigners and stateless persons who do not have the means to recover the costs associated with their expulsion from Ukraine, the expulsion is carried out by the State. Individuals or entities who have invited or received these foreigners and stateless persons who arranged their illegal entry, residence, employment, assist in avoiding departure at the end of their stay, in the manner prescribed by law to reimburse the costs to the State for expelling the foreigners and stateless persons.

Section V. FINAL PROVISIONS

Article 33. International treaties

If an international treaty of Ukraine set different rules than those set forth in the Act, the provisions of an international treaty.

Article 34.The privileges and immunities of members of foreign conditions

Of THIS ACT shall not affect the laws of Ukraine and international treaties privileges and immunities as are accorded to members of diplomatic missions and consular offices of foreign states in Ukraine, as well as others