{In the text of the Law, the words “central executive authority, which ensures the enforcement of the state policy on migration”, “central executive authority enforcing the state policy on migration” in all cases have been replaced with the words “central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to illegal migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation” in the relevant case under Law No. 693-IX of 16 June 2020 – concerning the enactment, refer to clause 1of Section II}

This Law shall determine the legal status of foreigners and stateless persons staying in Ukraine and establish the procedure for entering and exiting Ukraine.

SECTION I. 

GENERAL PROVISIONS

Article 1. Definitions

1. For the purposes of this Law, the following definitions shall apply:

1) forced stop shall mean the stay of a foreigner or stateless person within the territory of Ukraine over the period set for transit through its territory due to emergencies (natural disaster, disease, etc.) should there be a document confirming the reason and duration of stay;

2) visa shall mean a permit issued by the competent authority of Ukraine in the form determined by legislation required for entering the territory of Ukraine or transit through t=its territory and stay on the territory of Ukraine for a relevant period;

{Clause 2, part 1 of Article 1 as revised by Law No. 1328-IX of 4 March 2021 – shall be enacted from 26 September 2021}

3) family reunification shall mean entry and temporary or permanent residence in Ukraine of family members of a foreigner or stateless persons residing in Ukraine on legal grounds who can confirm with relevant documents that they have sufficient financial resources for supporting the family members in Ukraine with the purpose of a family residing together regardless of when the family relationships occurred – before or after the arrival of a foreigner or stateless person to Ukraine;

4) immigration card shall mean a document containing information about foreigners and stateless persons who enter or exit from Ukraine, and shall be filled in cases and following the procedure determined by a central executive authority, which ensures the enforcement of the state policy on state border security;

{Clause 4, part 1 of Article 1 as amended by Law No. 5459-VI of 16 October 2012}

5) permit for employment of foreigners and stateless persons shall mean a document which entitles an employer to temporarily employ a foreigner or stateless person following the procedure determined by the legislation of Ukraine;

{Clause 5, part 1 of Article 1 as amended by Law No. 1539-VII of 19 June 2014}

6) foreigner shall mean a person who is not a national of Ukraine and is a national (citizen) of another state or states;

7) foreigners and stateless persons staying on the territory of Ukraine on legal grounds shall mean foreigners and stateless persons who entered Ukraine in accordance with the procedure determined by the legislation or international treaty of Ukraine and permanently or temporarily residing on its territory or temporary staying in Ukraine;

8) foreigners and stateless persons permanently residing on the territory of Ukraine shall mean foreigners and stateless persons who have obtained a permanent residence permit unless otherwise determined by law;

9) foreigners and stateless persons temporarily staying on the territory of Ukraine shall mean foreigners and stateless persons staying in Ukraine during the validity period of their visa or during the period determined by the legislation or international treaty of Ukraine, or if the period of their stay in Ukraine was extended following the determined procedure;

10) foreigners and stateless persons temporarily residing in Ukraine shall mean foreigners and stateless persons who have obtained a temporary residence permit unless otherwise determined by law;

11) country of nationality shall mean a country or countries of nationality (citizenship) of a person;

12) country of last permanent residence shall mean a country where a foreigner or a stateless person permanently resided before arriving in Ukraine;

13) country of origin of a foreigner or stateless person shall mean a country or countries of nationality or country of last permanent residence;

14) irregular immigrant shall mean a foreigner or stateless person who crossed the border outside the border crossing points or using the latter, but avoiding border control, and failed to immediately apply for refugee status or asylum in Ukraine, as well as a foreigner or stateless person who arrived legally to Ukraine, but after the expiration of the prescribed period of stay lost the grounds for further stay and avoid exiting Ukraine;

15) stateless person shall mean a person who is not considered as a national by any state under the operation of its law;

{Clause 15, part 1 of Article 1 as revised by Law No. 693-IX of 16 June 2020 – concerning the enactment, refer to clause 1 of Section II}

16) passport of a foreigner shall mean a document issued by a competent authority of a foreign country or a statutory UN organisation recognised by Ukraine, which confirms nationality of a foreigner and the identity of a foreigner and a stateless person, and provides the right to enter or exit from the state;

{Clause 16, part 1 of Article 1 as amended by Law No. 5492-VI of 20 November 2012}

17) permanent residence permit shall mean a document that certifies the identity of a foreigner or a stateless person and acknowledges their right to permanent residence in Ukraine;

18) temporary residence permit shall mean a document that certifies the identity of a foreigner or a stateless person and acknowledges the legal grounds for their temporary stay in Ukraine;

19) identity certificate for return shall mean a document to be issued to a foreigner or stateless person in cases provided for by the international treaties of Ukraine on readmission (admission and transfer of persons);

20) host party shall mean Ukrainian enterprises, institutions and organisations, representative offices (branches) of foreign enterprises, institutions, organisations, representative offices of international organisations, as well as individuals (nationals of Ukraine, foreigners and statele4ss persons) who permanently reside or temporary stay on the territory of Ukraine in connection with training, internship, employment or on other legal grounds, and invite or host foreigners and stateless persons;

21) identity document of a stateless person for travelling abroad shall mean a document that identifies a stateless person when crossing the state border of Ukraine and staying abroad;

22) readmission shall mean rendition from the territory of Ukraine or admission on the territory of Ukraine of foreigners or stateless persons on the grounds and in accordance with the procedure determined by the international treaties of Ukraine;

23) registration at the state border crossing point shall mean putting the “Entry” mark in the passport and/or immigration card of a foreigner or stateless person, or in other documents provided for by the legislation, entering information about a foreigner or stateless person and their passport details into a relevant register;

24) transit shall mean the entry of a foreigner or stateless persons to Ukraine from one state, transit within the time determined in a ticket (should there be no ticket – the time actually required to cross the territory of Ukraine on the relevant type of transport) through the territory of Ukraine and travel to another state;

25) third country shall mean a country, which is not the country of origin of a foreigner or a stateless person;

26) family members of a foreigner and a stateless person shall mean spouse, minor children, including spouse’s minor children, disabled parents and other persons who are considered family members under the law of the country of origin;

27) temporary accommodation centres for foreigners and stateless persons illegally staying in Ukraine shall mean a state institution designated for the temporary detention of foreigners and stateless persons:

in whose respect a court made a judgment on forcible deportation;

in whose respect a court made a judgment on detention for the purposes of identification and ensuring forcible deportation, including those admitted under the international treaties of Ukraine on readmission;

detained by a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, by its territorial bodies and subdivisions for the periods and following the procedure provided for by the legislation of Ukraine;

detained by a judgment until the consideration of an application for recognising him/her as a refugee or a person in need of subsidiary protection in Ukraine, or a stateless person is completed;

{Paragraph 5, clause 27, part 1 of Article 1 as amended by Law No. 693-IX of 16 June 2020 – concerning the enactment, refer to clause 1 of Section II}

{Part 1 of Article 1 has been supplemented with clause 27 under Law No. 1379-VIII of 19 May 2016}

28) legal representatives of a child shall mean parents (adoptive parents), stepparents, foster parents, custodians, guardians (including custodians or guardians appointed until the arrival to Ukraine, or another adult person who before arriving in Ukraine voluntarily or subject to the customs of the country of origin assumed responsibility for raising a child), representatives of institutions performing the duties of custodians and guardians.

{Part 1 of Article 1 has been supplemented with clause 28 under Law No. 693-IX of 16 June 2020– concerning the enactment refer to clause 1 of Section II}

2. The definition of the term “child separated from his/her family” given in the Law of Ukraine “On Refugees and Persons in Need of Subsidiary Protection or Asylum” shall apply in this Law.

{Article 1 has been supplemented with part 2 under Law No. 693-IX of 16 June 2020 – concerning the enactment, refer to clause 1 of Section II}

Article 2. Legislation on the legal status of foreigners and stateless persons

1. Legal status of foreigners and stateless persons shall be determined by the Constitution of Ukraine, this Law and other laws of Ukraine, as well as international treaties of Ukraine.

If an international treaty provides for the rules other than those provided for by this Law, the rules provided for by such an international treaty of Ukraine shall apply.

Article 3. Principles of the legal status of foreigners and stateless persons

1. Foreigners and stateless persons staying in Ukraine on legal grounds shall enjoy the same rights and freedoms and bear the same responsibilities as the nationals of Ukraine, except for the cases determined by the Constitution, laws or international treaties of Ukraine

2. Foreigners and stateless persons who are under the jurisdiction of Ukraine, irrespective of whether or not they are staying on legal grounds, shall have the right to recognition as a person before the law and fundamental human rights and freedoms.

3. Foreigners and stateless persons must strictly comply with the Constitution and laws of Ukraine, other regulatory acts, avoid encroaching upon the rights and freedoms, honour and dignity of others, interests of the society and the state.

Article 4. Grounds for a stay of foreigners and stateless persons on the territory of Ukraine

1. According to the Law of Ukraine “On Immigration”, foreigners and stateless persons may immigrate to Ukraine for permanent residence.

2. Foreigners and stateless persons recognised as refugees in Ukraine or granted asylum in Ukraine shall be deemed permanently residing on the territory of Ukraine after obtaining the refugee status or asylum in Ukraine. The permanent residence of a refugee on the territory of Ukraine shall be confirmed by a refugee certificate.

3. Foreigners and stateless persons recognised as persons in need of subsidiary protection, or those granted the temporary protection in Ukraine shall be deemed temporarily residing on the territory of Ukraine on legal grounds for the period of duration of the circumstances under which subsidiary or temporary protection was granted. Temporary residence on the territory of Ukraine of such foreigners and stateless persons shall be confirmed by an identity document of the person in need of subsidiary protection in Ukraine, or an identity document of the person granted the temporary protection in Ukraine.

4. Foreigners and stateless persons who according to the law arrived in Ukraine for employment and obtained a temporary residence permit shall be deemed residing on the territory of Ukraine on legal grounds for the period of employment in Ukraine.

5. Foreigners and stateless persons who arrived in Ukraine to participate in the international technical assistance projects registered following the determined procedure, and obtained a temporary residence permit shall be deemed residing on the territory of Ukraine on legal grounds for the period of employment in Ukraine.

6. Foreigners and stateless persons who arrived in Ukraine for preaching religious beliefs, exercising religious rites or other canonical activities upon invitation of religious organisations following the approval of the government authority, which registered the religious organisation, and obtained a temporary residence permit shall be deemed residing on the territory of Ukraine on legal grounds for the period of activity in Ukraine.

7. Foreigners and stateless persons who arrived in Ukraine to participate in the work of branches, representative offices and other structural divisions of public (non-governmental) organisations of foreign countries registered following the determined procedure, and obtained a temporary residence permit shall be deemed residing on the territory of Ukraine on legal grounds for the period of activity in Ukraine.

8. Foreigners and stateless persons who arrived in Ukraine to work in representative offices of foreign business entities in Ukraine registered following the determined procedure and obtained a temporary residence permit shall be deemed residing on the territory of Ukraine on legal grounds for the period of employment in Ukraine.

9. Foreigners and stateless persons who arrived in Ukraine to work in branches or representative offices of foreign banks registered following the determined procedure, and obtained a temporary residence permit shall be deemed residing on the territory of Ukraine on legal grounds for the period of employment in Ukraine.

10. Foreigners and stateless persons who arrived in Ukraine for carrying out cultural, scientific, educational activities on the grounds and following the procedure determined by the international treaties of Ukraine or special programmes, as well as foreigners and stateless persons who arrived in Ukraine to participate in the international and regional volunteer programmes, or participate in the activities of voluntary organisations and institutions under the Law of Ukraine “On Volunteering” the information on which is available on the official website of the central executive authority enforcing the state policy on volunteering, and obtained a temporary residence permit and carry out the volunteer activity based on the specified organisations and institutions, shall be deemed residing on the territory of Ukraine on legal grounds for the period of such activity.

{Part 10 of Article 4 as amended by Law No. 1539-VII of 19 June 2014; as revised by Law No. 246-VIII of 5 March 2015}

11. Foreigners and stateless persons who arrived in Ukraine for working as a correspondent or representative of foreign media and obtained a temporary residence permit shall be deemed residing on the territory of Ukraine on legal grounds for the period of such work.

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 for controlling the activity of such legal entities and obtain a temporary residence permit shall be deemed residing on the territory of Ukraine on legal grounds for the validity period of such permit.

The grounds for issuing a temporary residence permit in the cases provided for by this part shall be the following:

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

2) the amount of share of a foreigner or stateless person, or foreign legal entity the beneficial owner (controller) of which he/she is in the authorised capital of a Ukraine legal entity is at least EUR 100 thousand at the official exchange rate set by the National Bank of Ukraine as of the date of making the foreign investment.

{Article 4 has been supplemented with a new part under Law No. 2058-VIII of 23 May 2017}

13. Foreigners and stateless persons who arrived in Ukraine to study and obtained a temporary residence permit shall be deemed residing on the territory of Ukraine on legal grounds for the period of study.

14. Foreigners and stateless persons who arrived in Ukraine for family reunification with persons who are nationals of Ukraine, or while residing on the territory of Ukraine on legal grounds in cases specified in parts 3–13 of this Article, married to nationals of Ukraine and obtained a temporary residence permit shall be deemed residing on the territory of Ukraine on legal grounds for the period until obtaining a permanent residence permit or nationality of Ukraine.

{Part 14 of Article 4 as amended by Laws No. 2058-VIII of 23 May 2017, No. 693-IX of 16 June 2020 – concerning the enactment, refer to clause 1 of Section II}

15. Foreigners and stateless persons who arrived in Ukraine for family reunification with the persons specified in parts 2–12 of this Article, and obtained a temporary residence permit shall be deemed residing on the territory of Ukraine on legal grounds for the period specified in parts 2–13 of this Article.

{Part 15 of Article 4 as amended by Law No. 2058-VIII of 23 May 2017}

16. Foreigners and stateless persons who entered Ukraine on other legal grounds shall be deemed temporarily staying on the territory of Ukraine on legal grounds for the period of permission for entry under a visa or the period set by the legislation or an international treaty of Ukraine.

17. Foreigners and stateless persons permanently residing on the territory of Ukraine, prior to a decision to terminate the nationality of Ukraine and after the decision to terminate the nationality of Ukraine continued to permanently reside on its territory shall be deemed permanently residing in Ukraine.

18. Persons released from the temporary accommodation centres for foreigners and stateless persons illegally staying in Ukraine under a judgment on cancelling the decision on their detention or forcible deportation from Ukraine, or who were not forcible deported from Ukraine before the expiration of the deadline for staying in such centres due to the absence of a travel document, transport service with a country of their origin or for other reasons beyond the control of such persons shall be deemed temporarily staying in Ukraine on legal grounds for the period of duration of circumstances preventing their forcible deportation from Ukraine.

{A part of Article 4 as revised by Law No. 1379-VIII of 19 May 2016}

19. Foreigners and stateless persons who entered into a military service contract with the Armed Forces of Ukraine following the established procedure shall be deemed temporarily residing on the territory of Ukraine on legal grounds for the term of the military service contract with the Armed Forces of Ukraine. Temporary residence on the territory of Ukraine of such foreigners and stateless persons shall be confirmed by a military identity card of privates, sergeants and warrant officers.

{Article 4 has been supplemented with a new part under Law No. 716-VIII of 16 October 2015}

20. Foreign and stateless persons who provided the instructor (shooting, tactical, medical, radio engineering, explosive and engineering) assistance to the subdivisions of the Armed Forces of Ukraine, other military units formed under the laws of Ukraine, special-purpose laws enforcement authorities, Ministry of Interior of Ukraine engaged for carrying out the anti-terrorist operation staying directly in the areas of carrying it out, and/or engaged for taking measures on ensuring the national security and defence, counteracting to and suppressing the armed aggression of the Russian Federation in Donetsk and Luhansk Oblasts, staying directly in the areas of carrying out such measures, or volunteer militias, which formed or self-organised for the protection of independence, sovereignty and territorial integrity of Ukraine and participated jointly with the above subdivisions in the anti-terrorist operation, ensuring carrying out thereof staying directly in the areas of the anti-terrorist operation for the period of carrying it out, as well as who participated in performing military or service tasks of the anti-terrorist operation and/or measures on ensuring the national security and defence, counteracting to and suppressing the armed aggression of the Russian Federation in Donetsk and Luhansk Oblasts jointly with the above subdivisions and volunteer militias, and obtained a temporary residence permit shall be deemed staying on the territory of Ukraine on legal grounds, including if the validity period of a passport has expired or it is to be re-issued, for the period until termination of temporary occupation by the Russian Federation of the territory of Ukraine within the definition given in the Law of Ukraine “On Specific Aspects of the State Policy on Ensuring the State Sovereignty of Ukraine on the Temporarily Occupied Territories in Donetsk and Luhansk Oblasts”.

{Article 4 has been supplemented with part 20 under Law No. 2743-VIII of 6 June 2019}

21. As of the date of applying for a temporary residence permit and until the date of obtaining it, foreigners and stateless persons specified in part 12, Article 4 of this Law shall be deemed staying on the territory of Ukraine on legal grounds.

{Article 4 has been supplemented with part 21 under Law No. 2743-VIII of 6 June 2019}

22. Foreigners and stateless persons staying on the territory of Ukraine on legal grounds must have a valid passport. If a passport is lost or re-issued, a foreigner or a stateless person must notify thereof a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, within three business days in writing.

A person who cannot obtain a passport due to the fact that he/she is not considered as a national by any state under the operation of its law shall have the right to file an application with a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation for recognising him/her as a stateless person, irrespective of whether or not he/she stays on the territory of Ukraine on legal grounds.

{Article 4 has been supplemented with part 22 under Law No. 693-IX of 16 June 2020 – concerning the enactment, refer to clause 1 of Section II}

23. Persons recognised as stateless persons following the procedure determined by this Law and who obtained a temporary residence permit shall be deemed temporarily staying on the territory of Ukraine on legal grounds for the period until he/she obtains a permanent residence permit or nationality of Ukraine.

{Article 4 has been supplemented with part 23 under Law No. 693-IX of 16 June 2020 – concerning the enactment refer to clause 1 of Section II}

Article 5. Permanent residence permit and temporary residence permit

1. Foreigners and stateless persons specified in parts 1 and 17, Article 4 of this Law shall obtain a permanent residence permit.

{Part 1 of Article 5 as amended by Law No. 2058-VIII of 23 May 2017}

2. The grounds for issuing a permanent residence permit to foreigners and stateless persons specified in part 17, Article 4 of this Law shall be a relevant decree of the President of Ukraine on termination of the nationality of Ukraine and the application of such persons.

{Part 2 of Article 5 as amended by Law No. 2058-VIII of 23 May 2017}

3. Foreigners and stateless persons specified in parts 4–15, 18 and 19, Article 4 of this Law shall obtain a temporary residence permit.

{Part 3 of Article 5 as amended by Laws No. 2058-VIII of 23 May 2017, No. 2743-VIII of 6 June 2019}

4. The grounds for issuing a temporary residence permit in the case provided for by part 4, Article 4 of this Law shall be an application of a foreigner or a stateless person, valid health insurance, a permit for employment of foreigners and stateless persons (except for foreigners and stateless persons who have the right to be employed without obtaining such a permit under the legislation of Ukraine), and employer’s obligation to notify a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation and a central executive authority shaping and enforcing the state policy on labour, employment of the population, labour migration, employment relations, social dialogue, of early dissolution or termination of an employment agreement (contract)with such a foreigner or stateless person.

{Paragraph 1, part 4 of Article 5 as amended by Law No. 693-IX of 16 June 2020 – concerning the enactment refer to clause 1 of Section II}

For foreigners and stateless persons employed under a permit for employment of foreigners and stateless persons pursuant to the legislation of Ukraine an employment agreement (contract) shall be submitted, and for persons having the status of foreign-based Ukrainians an employment agreement (contract) and a certificate of a foreign-based Ukrainian shall be submitted.

{Part 4of Article 5 as revised by Law No. 1539-VII of 19 June 2014}

5. The grounds for issuing a temporary residence permit in the case provided for by part 5 of Article 4 of this Law shall be an application of a foreigner or a stateless person, valid health insurance and a relevant submission of a state institution, enterprise or organisation, which is a recipient of an international technical assistance project.

6. The grounds for issuing a temporary residence permit in the case provided for by part 6 of Article 4 of this Law shall be an application of a foreigner or stateless person, valid health insurance, submission of a relevant religious organisation and approval of the governmental authority, which registered the religious organisation.

7. The grounds for issuing a temporary residence permit in the case provided for by part 7 of Article 4 of this Law shall be an application of a foreigner or stateless persons, valid health insurance, submission of the relevant branch, department, representative office and any other structural unit of a public (non-governmental) organisation of a foreign state in Ukraine and a copy of the certificate of registration of the structural unit of a foreign public (non-governmental) organisation in Ukraine.

8. The grounds for issuing a temporary residence permit in the case provided for by part 8 of Article 4 of this Law shall be an application of a foreigner or stateless persons, valid health insurance, submission of a relevant representative office of a foreign business entity in Ukraine and a copy of the registration certificate of such a representative office.

9. The grounds for issuing a temporary residence permit in the case provided for by part 9 of Article 4 of this Law shall be an application of a foreigner or a stateless person, valid health insurance, submission of a relevant branch or representative office of a foreign bank in Ukraine, and a copy of the accreditation certificate of a branch or representative office.

10. The grounds for issuing a temporary residence permit in the case provided for by part 10 of Article 4 of this Law shall be an application of a foreigner or a stateless person, valid health insurance, submission of a relevant government authority responsible for the implementation of cultural, educational, scientific and volunteer programmes engaging a foreigner or a stateless person arriving in Ukraine, or an organisation or institution engaging volunteers to its activity the information on which is available on the official website of a central executive authority enforcing the state policy on volunteering, and a copy of the registration certificate of such an organisation or institution.

{Part 10 of Article 5 as amended by Laws No. 1539-VII of 19 June 2014, No. 246-VIII of 5 March 2015}

11. The grounds for issuing a temporary residence permit in the case provided for by part 11 of Article 4 of this Law shall be an application of a foreigner or stateless person, valid health insurance, submission of foreign mass media, and submission of a central executive authority enforcing the state policy on ensuring information sovereignty of Ukraine.

{Part 11 of Article 5 as amended by Law No. 938-VIII of 26 January 2016}

12. The grounds for issuing a temporary residence permit in the case provided for by part 12 of Articles 4 of this Law shall be:

1) application of a foreigner or stateless person;

2) valid health insurance;

3) written obligation of a legal entity to notify a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation that a foreigner or stateless person lost the status of a founder and/or participant, and/or beneficial owner (controller) of such a legal entity;

4) other documents depending on the form of making the foreign investment:

copy of a constituent document of a legal entity;

information about the size of a share of a foreigner or stateless person who is a founder (participant) of a legal entity in the amount of at least EUR 100 thousand at the official exchange rate set by the National Bank of Ukraine as of the date of contributing the foreign investment to the authorised capital if the foreign investment is made in monetary form;

copy of a customs bill of entry for movables transferred as a contribution to the authorised capital of a legal entity, and copy of such movables transfer and acceptance certificate, if foreign investment is made in monetary form;

copy of a certificate for the transfer and acceptance of movable and immovable property contributed to the authorised capital of a legal entity if the foreign investment was made in property form while such property was purchased on the territory of Ukraine;

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

Documents determined in paragraphs 2–6, clause 4 of this part must be certified by an authorised officer of a legal entity.

In order to make a decision to issue a temporary residence permit, the territorial body of a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall obtain at its own:

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

on the official exchange rate set by the National Bank of Ukraine as of the date of contributing the foreign currency – from the official website of the National Bank of Ukraine.

{Article 5 has been supplemented with a new part under Law No. 2058-VIII of 23 May 2017}

13. The grounds for issuing a temporary residence permit in the case provided for by part 13, Article 4 of this Law shall be an application of a foreigner or stateless person, valid health insurance, a document confirming the fact of studying in Ukraine, and obligation of the education institution to notify a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation of expulsion from such an institution.

{Part 13 of Article 5 as amended by Law No. 2058-VIII of 23 May 2017}

14. The grounds for issuing a temporary residence permit in the case provided for by part 14, Article 4 of this Law shall be an application of a foreigner or a stateless person and a document confirming marriage to a national of Ukraine and valid health insurance. If marriage between a national of Ukraine and a foreigner or a stateless person was registered outside Ukraine, under the law of a foreign state the validity of such marriage shall be determined according to the Law of Ukraine “On International Private Law”.

{Part 14 of Article 5 as amended by Law No. 2058-VIII of 23 May 2017}

15. The grounds for issuing a temporary residence permit in the case provided for by part 15, Article 4 of this Law shall be an application of a foreigner or a stateless person, valid health insurance and document under which they are recognised as family members of the person specified in parts 2–13, Article 4 of this Law under the law of the country of origin of a foreigner or stateless person. The document confirming belonging to the family shall be deemed valid in Ukraine if it is legalised unless otherwise provided for by the law or an international treaty of Ukraine.

{Part 15 of Article 5 as amended by Law No. 2058-VIII of 23 May 2017}

16. The grounds for issuing a temporary residence permit in the case provided for by part 18, Article 4 of this Law shall be an application of a foreigner or stateless person, filed after the expiration of the deadline of their stay in the temporary accommodation centres for foreigners and stateless persons illegally residing in Ukraine, and findings of a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation that it is impossible to forcibly deport of a foreigner or a stateless person from Ukraine due to the absence of a travel document, transport service with a country of their origin of a foreigner or stateless person or for other reasons beyond the control of such persons after the period of stay in the temporary accommodation centres for foreigners and stateless persons illegally staying in Ukraine, or if the technical impossibly to deport a foreigner was found earlier.

{A part of Article 5 as amended by Laws No. 1379-VIII of 19 May 2016, No. 2058-VIII of 23 May 2017}

17.The grounds for issuing a temporary residence permit to persons specified in part 12 of Article 4 of this Law shall be an application of a foreigner or stateless person and one of the following documents:

1) submission of the Ministry of Defence of Ukraine, another central executive authority managing the military units formed under the laws of Ukraine, or a law enforcement authority or special-purpose government authority with law enforcement functions, which performed the tasks of the anti-terrorist operation, took measures on ensuring the national security and defence, counteracting to and suppressing the armed aggression of the Russian Federation in Donetsk and Luhansk Oblasts;

2) petition of the commanding officer of a subdivision of the Armed Forces of Ukraine, other military units formed under the laws of Ukraine, or a law enforcement authority or special-purpose government authority with law enforcement functions, which performed the tasks of the anti-terrorist operation, took measures on ensuring the national security and defence, counteracting to and suppressing the armed aggression of the Russian Federation in Donetsk and Luhansk Oblasts executed according to the template and following the procedure determined by the Cabinet of Ministers of Ukraine;

In case of receiving a written refusal to file submission or petition provided for by clauses 1 and 2 of this part, a foreigner and stateless person may file, along with a relevant application, a judgment on establishing that he/she belongs to persons specified in part 20 of Article 4 of this Law.

{Article 5 has been supplemented with a new part under Law No. 2743-VIII of 6 June 2019}

18. In addition to documents for a relevant category of persons determined by parts 1–17 of this Article, for obtaining a temporary residence permit foreigners and stateless persons shall submit the following documents:

{Paragraph 1, part 18 of Article 5 as amended by Law No. 2743-VIII of 6 June 2019}

1) four coloured photographs of 3.5 x 4.5 centimetres;

2) passport of a foreigner or stateless person with a relevant long-term visa and copy of a page of the passport with such a visa, except for the cases when a person is not obliged to obtain such a visa under this Law, other laws of Ukraine or international treaties of Ukraine. Foreigners or stateless persons specified in part 20 of Article 4 of this Law may submit a passport the validity period of which has expired or which is to be replaced if to obtain a new document the person must apply to the government authorities of a country of nationality or country of last permanent residence, if such a country committed an act of aggression against Ukraine or fails to recognise the territorial integrity and sovereignty of Ukraine, or refuses to recognise that violation of the territorial integrity and sovereignty of Ukraine is illegal, in particular, voted against the United Nations General Assembly Resolution No. 68/262 “Territorial Integrity of Ukraine” of 27 March 2014;

{Clause 2, part 18 of Article 5 as amended by Law No. 2743-VIII of 6 June 2019}

3) copies of pages of the passport of a foreigner or stateless person with personal data with Ukrainian translation certified following the determined procedure;

4) document confirming that the state duty and administrative fees for the issuance, execution or extension of the validity period of a permit have been paid;

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

A competent authority shall return the passport to a person immediately after accepting the application for issuance or extension of the validity period of a permit.”

{Article 5 has been supplemented with a new part under Law No. 2058-VIII of 23 May 2017}

19. The grounds for issuing a temporary residence permit in the cases provided for by part 20, Article 4 of this Law shall be an application of a person recognised as a stateless person, copy of a decision on recognising as a stateless person issued by a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, and a written obligation of a person to notify a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation that the nationality of any state was granted within 30 days.

{Part 19 of Article 5 as revised by Law No. 693-IX of 16 June 2020 – concerning the enactment, refer to clause 1 of Section II}

20. Government authorities shall be prohibited to demand any other documents or information not determined by the legislation from foreigners or stateless persons, their family members, employers and other persons for the issuance of a permanent residence permit and temporary residence permit.

{Article 5 has been supplemented with a new part under Law No. 2058-VIII of 23 May 2017; as amended by Law No. 693-IX of 16 June 2020 – concerning the enactment, refer to clause 1 of Section II}

21. Technical description, templates of forms of a permanent residence permit and temporary residence permit, the procedure for executing, issuing, replacing, cancelling, transferring, seizing, returning to the state, invalidating, destroying a permanent residence permit and temporary residence permit shall be determined by the Cabinet of Ministers of Ukraine.

{Article 5 has been supplemented with part 21 under Law No. 693-IX of 16 June 2020 – concerning the enactment, refer to clause 1 of Section II}

Article 5-1. The validity period of a temporary residence permit

1. The validity period of a temporary residence permit for relevant categories of foreigners and stateless persons shall be:

1) in the case determined by part 4, Article 4 of this Law – the validity period of a permit for employment of foreigners and stateless persons;

2) in the case determined by part 5, Article 4 of this Law – the period of implementation of the international technical assistance project to be specified in the project registration card;

3) in the case determined by part 12of Article 4 of this Law – two years;

4) in the case determined by part 13of Article 4 of this Law – the period of study to be specified in a document confirming the fact of studying in Ukraine;

4-1) in the case determined by part 20 of Article 4 of this Law – three years;

{Part 1 of Article 5-1 has been supplemented with clause 4-1 under Law No. 2743-VIII of 6 June 2019}

5) in all other cases determined by Article 4 of this Law – one year;

2. Validity period of a temporary residence permit may not exceed the validity period of a passport of a foreigner or stateless person. This provision shall not apply to foreigners and stateless persons specified in part 20 of Article 4 of this Law.

{Part 2 of Article 5-1 as amended by Law No. 2743-VIII of 6 June 2019}

3. Validity period of a temporary residence permit shall be extended for an unlimited number of times subject to the grounds provided for by the legislation.

4. In order to extend the validity period of a temporary residence permit, a foreigner or stateless permit must confirm that at least three nationals of Ukraine are employed with such a legal entity for at least six months prior to the date of applying for the extension of the permit validity period, or that the legal entity has paid the corporate income tax of at least 50 minimum salaries for the last full financial year prior to the date of applying for the extension of a permit validity period.

{The Law has been supplemented with Article 5-1 under Law No. 2058-VIII of 23 May 2017}

Article 5-2. Obtaining a long-term visa for obtaining a temporary residence permit

1. Foreigners and stateless persons must obtain a long-term visa to obtain a temporary residence permit in Ukraine unless otherwise provided for by the laws or international treaties of Ukraine.

Such a requirement shall not apply to foreigners and stateless persons in whose respect a decision has been made to issue documents for resolving the issue of recognising as a refugee or person in need of subsidiary protection.

2. The requirements provided for by paragraph 1, part 1 of this Article shall not apply to foreigners and stateless persons in case of:

1) extension of the validity period of a temporary residence permit if they have filed a relevant application within the period determined in part 2, Article 5-3 of this Law;

2) obtaining a permit for the first time by children of foreigners and stateless persons staying in Ukraine under parts 14 and 15, Article 4 of this Law, provided that as of the age of 16 years old they were staying on the territory of Ukraine on legal grounds and applied for a permit within one month after they turned 16 years old.

{The Law has been supplemented with Article 5-2 under Law No. 2058-VIII of 23 May 2017}

Article 5-3. Deadline for issuing a temporary residence permit

1. A temporary residence permit shall be issued within ten days after receiving an application for issuing or extending the validity period of a permit.

2. A foreigner or stateless person shall submit documents for extending the validity period of a temporary residence permit at least 10 calendar days before it expires.

{The Law has been supplemented with Article 5-3 under Law No. 2058-VIII of 23 May 2017}

Article 5-4. The administrative fee for issuing and extending the validity period of a temporary residence permit

1. The administrative fee for issuing and extending the validity period of a temporary residence permit shall be charged in the amount of 20 tax-exempt minimum incomes of nationals.

{The Law has been supplemented with Article 5-4 under Law No. 2058-VIII of 23 May 2017}

Article 5-5. Procedure for accepting an application for issuing and extending the validity period of a temporary residence permit

1. A foreigner or stateless person shall file an application for issuing or extending the validity period of a temporary residence permit and relevant documents determined by this Law and the Cabinet of Ministers of Ukraine, personally or through his/her representative acting under a power of attorney, to the territorial body of a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation.

2. The territorial body of a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation must provide a foreigner or stateless person or his/her representative with a description of accepted documents signed by an authorised person who has accepted them, with the indication of his/her position, surname and given name, and the date of accepting the documents.

3. A foreigner or stateless person shall personally receive the temporary residence permit.

{The Law has been supplemented with Article 5-5 under Law No. 2058-VIII of 23 May 2017}

Article 6. Recognition of a foreigner or a stateless person as a refugee, a person in need of subsidiary protection, and grant of temporary protection

1. A foreigner or stateless person may be recognised as a refugee or a person in need of subsidiary protection, or they may be granted temporary protection following the procedure determined by law.

Article 6-1. Recognition as a stateless person

1. An application for recognition as a stateless person shall be filed with a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation by an adult capable person.

Information about a child shall be provided in an application of one of his/her legal representatives. An application for recognising a child separated from his/her family as a stateless person shall be filed by one of his/her legal representatives. An application for recognition of an incapacitated person as a stateless person shall be filed by his/her legal representative whereof an authorised person of a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall make a relevant inscription on the application. If a person is unable to draw up the application for recognition as a stateless person personally due to illiteracy or physical impairments, the application shall be drawn up at his/her request by an authorised person of a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation whereof a relevant inscription shall be made on the application.

An identity document or document allowing to enter or exit the state, issued by a foreign state (if any), a document certifying the nationality of another state (if any) or another document confirming the information given in the application shall be submitted along with the application. Unless a person filing the application for recognition as a stateless person has the above documents, relatives, neighbours or other persons (at least three) who can confirm the facts given in the application may be surveyed upon his/her written consent.

A person shall file an application for recognition as a stateless person shall have the right to an interview with the authorised persons of a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation.

A person filing the application for recognition as a stateless person must co-operate with a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, appear for interviews, provide evidence for recognising him/her as a stateless person.

A person filing the application for recognition as a stateless person who does not speak Ukrainian shall be provided by a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation with an interpreter of the language he/she speaks, as well as translation of his/her documents on a free-of-charge basis.

When filing the application for recognition as a stateless person, a person shall provide his/her biometric data for recording it.

2. A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall make a decision to recognise a person as a stateless person or deny recognition as a stateless person within six months after the application on the same is filed based on the available information and all documents. The deadline for consideration of such an application may be extended by an authorised person of a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation to 12 months.

When considering the application for recognition as a stateless person, a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall take the necessary measures for gathering the information from the place of birth of such a person, countries or places of his/her previous and long-term residence, as well as from the country the nationals of which are his/her family members.

For the period of considering the application for recognition as a stateless person, a person shall be deemed temporarily staying on the territory of Ukraine on legal grounds. To confirm that, a certificate shall be issued to the person in a standard form on the application for recognition as a stateless person.

If circumstances are established during the procedure for recognising as a stateless person, which may indicate the availability of conditions for recognising a person as a refugee or person in need of subsidiary protection under the Law of Ukraine “On Refugees and Persons in Need of Subsidiary Protection or Asylum”, consideration of the application for recognition as a stateless person shall be suspended until the consideration of the application for recognition as a refugee or person in need of subsidiary protection is completed. Depending on the results of consideration of the application for recognition as a refugee or person in need of subsidiary protection, consideration of the application for recognition as a stateless person shall be resumed or terminated.

If circumstances are established during the procedure for recognising as a stateless person, which may indicate that a person is a national of Ukraine under the Law of Ukraine “On the Nationality of Ukraine”, consideration of the application for recognition as a stateless person shall be suspended until it is checked whether or not he/she is a national of Ukraine. Depending on the results of such a check, consideration of the application for recognition as a stateless person shall be resumed or terminated.

3. A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall make a decision on denying the recognition as a stateless person if:

a person who filed the application for recognition as a stateless person is a national of Ukraine or another state provided that his/her nationality was recognised by a competent authority of such a state and the applicant was documented under the legislation of such a state;

a person who filed the application for recognition as a stateless person deliberately submitted invalid (except for the documents invalidated due to the expiration of their validity period), forged documents or communicated false information about the circumstances impacting the determination of his/her status;

a person who filed the application for recognition as a stateless person, committed a crime against peace, war crime or crime against humanity, as it is determined by the international acts developed to prevent such crimes, or committed a serious non-political crime outside the country of residence before he/she was admitted to this country, or is guilty of committing actions contrary to the United Nations principles.

Once a decision on denying the recognition as a stateless person is made, a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall send a person who filed the application for recognition as a stateless person or his/her legal representative a notification within three business days with the indication of the grounds for denial under this Law and explanations of the procedure for appealing against such a decision.

4. A decision to deny recognition as a stateless person may be appealed by a person who filed the application for recognition as a stateless person with the administrative court within 20 business days after the date of receiving the notification on denying the recognition as a stateless person.

If a person who filed the application on recognition as a stateless person exercised the right to appeal, a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall extend the validity period of his/her certificate on the application for recognition as a stateless person for the period until final consideration of his/her application.

If a person who filed the application on recognition as a stateless person failed to exercise the right to appeal, a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall seize his/her certificate on the application for recognition as a stateless person, return the original documents submitted along with the application for recognition as a stateless person (if any) and resolves the issue on voluntary or forcible return or forcible deportation.

5. A decision on the recognition as a stateless person shall be cancelled on grounds provided for by part 3 of this Article. Once a decision on cancelling the decision on the recognition as a stateless person is made, a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall send such a stateless person or his/her legal representative a notification within three business days with the indication of the grounds for cancellation under this Law and explanations of the appeal procedure A decision on cancelling the decision on the recognition as a stateless person may be appealed in the administrative court within 20 business days after a person receives the notification on cancelling the decision.

If a person in whose respect a decision on cancelling the decision on the recognition as a stateless person was made exercised the right to appeal, a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall not seize his/her temporary or permanent residence permit and an identity document of a stateless person for travelling abroad (if any) until final resolution of the issue on cancelling the decision on the recognition as a stateless person.

If a person in whose respect a decision on cancelling the decision on the recognition as a stateless person was made failed to exercise the right to appeal, a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall seize his/her temporary or permanent residence permit and an identity document of a stateless person for travelling abroad (if any) obtained under the decision on recognition as a stateless person, and shall resolve the issue on voluntary or forcible return or forcible deportation.

6. A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall keep account of the person who applied for the recognition as a stateless person, in whose respect a decision on recognising or on denying the recognition as a stateless person was made, as well as stateless persons who were issued the permanent or temporary residence permits and identity documents of a stateless person for travelling abroad under the requirements of the Law of Ukraine “On the Unified State Demographic Register and Documents Confirming the Nationality of Ukraine, Identifying a Person or His/Her Special Status”.

7. The procedure for considering the applications for recognition as a stateless person, templates of the application for recognition as a stateless person, certificate on the application for recognition as a stateless person shall be determined by the Cabinet of Ministers of Ukraine.

{The Law has been supplemented with Article 6-1 under Law No. 693-IX of 16 June 2020 – concerning the enactment, refer to clause 1 of Section II}

Article 7. Grant of asylum

1. Foreigners and stateless persons may be granted asylum following the procedure determined by law.

Article 8. Grounds for acquiring the nationality of Ukraine

1. Foreigners and stateless persons may acquire the nationality of Ukraine following the procedure determined by the Law of Ukraine “On the Nationality of Ukraine”.

SECTION II. 

ENTRY AND EXIT FROM UKRAINE

Article 9. Entry to Ukraine for foreigners and stateless persons and duration of their stay in Ukraine

1. Foreigners and stateless persons shall enter Ukraine provided that they have a passport as determined by this Law or an international treaty of Ukraine and a visa obtained following the determined procedure unless otherwise provided for by the legislation or international treaties of Ukraine. This rule shall not apply to foreigners and stateless persons crossing the state border of Ukraine and seeking recognition as refugees or persons in need of subsidiary or temporary protection or asylum.

2. When passing through the border control at the state border crossing points, foreigners and stateless persons must provide their biometric data for recording it.

3. The period of stay of foreigners and stateless persons in Ukraine shall be determined by a visa, legislation of Ukraine or international treaty of Ukraine.

Article 10. Visa issuing

1. During the visa issuance, foreigners and stateless persons must provide biometric data for recording it, unless otherwise provided for by the legislation or international treaties of Ukraine. The rules of issuing visas to foreigners and stateless persons, including the submission of their biometric data during the issuance, and the list of required documents for obtaining it shall be established by the Cabinet of Ministers of Ukraine

{Part 1 of Article 10 as revised by Law No. 1328-IX of 4 March 2021 – shall be enacted from 26 September 2021}

2. A decision to issue visas shall be made following the determined procedure by the diplomatic mission or consular post of Ukraine, the Ministry of Foreign Affairs of Ukraine or the representative office of the Ministry of Foreign Affairs of Ukraine in Ukraine

Article 11. Grounds for denying the issuance of a visa

1. A foreigner or stateless person may be denied issuance of a visa in the cases of:

threat to the national security of the state or public order, public health, protection of the rights and legitimate interests of nationals of Ukraine and other persons residing on the territory of Ukraine;

registration in the database of persons who are not allowed to enter Ukraine or are temporarily restricted from entering Ukraine under the legislation of Ukraine;

providing an invalid passport or a passport belonging to another person;

provision of deliberately false information or other forged documents;

absence of valid health insurance provided that it is possible to issue it within the territory of a state in which the relevant visa application is submitted;

lack of adequate financial resources for the period of intended stay and for returning to the country of origin or transit to a third country or an opportunity to secure sufficient financial resources in a lawful manner on the territory of Ukraine;

absence of evidence proving the purpose of the intended stay;

absence of the documents making it possible to establish the applicant’s intentions to leave the territory of Ukraine prior to the expiration of the visa;

applicant’s refusal to provide his/her biometric data for recording it, unless otherwise provided for by the legislation or international treaties of Ukraine;

{Part 1 of Article 11 has been supplemented with a new paragraph under Law No. 1328-IX of 4 March 2021 – shall be enacted from 26 September 2021}

applicant’s request to terminate the consideration of his/her visa application.

2. A decision to deny issuance of a visa shall be made by the competent authorities, which decided to grant and issue it.

Article 12. Grounds for cancelling a visa

1. A visa may be cancelled during undergoing the border control procedure on grounds and in accordance with the procedure determined by the Law of Ukraine “On Border Control”.

2. A visa shall be cancelled during the stay of foreigners and stateless persons on the territory of Ukraine in case of:

establishing that when applying for a visa, the applicant submitted an invalid passport or passport issued to another person, or other forged documents or provided deliberately false information;

decision on forcible return or forcible deportation of a foreigner or a stateless person from Ukraine.

3. A visa shall be cancelled:

in cases provided for by paragraph 2, part 2 of this Article by authorised officers of a central executive body enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, or state border security authority;

in cases provided for by paragraph 3, part 2 of this Article by authorised officers of the authority, which decided to enforce the return or which filed a petition with the court seeking judgment on forcible deportation, – after the court made such a judgment.

4. The decision to cancel a visa may be appealed following the procedure determined by law.

Article 13. Grounds for barring foreigners and stateless persons from entering Ukraine

1. Entry to Ukraine for foreigners and the stateless person shall not be allowed:

in the interests of the national security of Ukraine or public order, or combating the organised crime;

{Paragraph 2, part 1of Article 13 as amended by Law No. 671-IX of 4 June 2020}

if so required for securing health, rights and legitimate interests of the nationals of Ukraine and other persons residing in Ukraine;

if when applying for entry to Ukraine the person provided deliberately false information or forged documents;

if passport of such a person or visa are forged, damaged or fail to meet the prescribed standard or belong to another person;

if such a person while crossing the state border of Ukraine violated the rules of crossing the state border of Ukraine, customs regulations, health rules or standard, or failed to comply with legal requirements of the officers or officials of state border security authority, customs and other authorities carrying out control on the state border;

{Paragraph 6, part 1 of Article 13 as amended by Laws No. 406-VII of 4 July 2013, No. 440-IX of 14 January 2020}

if during his/her previous stay on the territory of Ukraine, a foreigner or a stateless person failed to comply with a decision made by the court or government authorities competent to impose administrative penalties or has other outstanding property obligations to the state, individuals or legal entities, including in relation to the previous deportation, including after the expiration of the prohibition of further entry to Ukraine;

if such a person entered the temporarily occupied territory of Ukraine or the anti-terrorist operation zone in violation of the procedure determined by the legislation of Ukraine or exited from such territories or attempted to enter such territories beyond the entry/exit checkpoints;

{Part 1of Article 13 has been supplemented with paragraph 8 under Law No. 1207-VII of 15 April 2014; as revised by Law No. 2293-VIII of 27 February 2018}

2. Should there be grounds specified in paragraphs 2, 7 and 8, part 1 of this Article, information about a foreigner or stateless person shall be entered into the database of persons who are not allowed to enter Ukraine or are temporarily restricted from exiting from Ukraine under the legislation of Ukraine.

{Part 2 of Article 13 as amended by Law No. 1207-VII of 14 April 2014}

3. The decision to ban entry to Ukraine shall be made by a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, the Security Service of Ukraine or the state border security authority, or authorised subdivision of the National Police of Ukraine. In case of failure to comply with the decision to ban entry to Ukraine, foreigners and stateless persons shall be prohibited from further entering Ukraine for ten years to be added to the part of the period of ban on entry to Ukraine not expired until another decision to ban entry to Ukraine is made.

{Part 3 of Article 12 as amended by Laws No. 2293-VIII of 27 February 2018, No. 671-IX of 4 June 2020}

Article 14. Return of foreigners and stateless persons who are not allowed to enter Ukraine

1. Foreigners and stateless persons who are not allowed to enter Ukraine, when trying to enter Ukraine during crossing the state border of Ukraine, shall not cross the state border of Ukraine and shall, as soon as possible, return to the state from which they arrived, or to the state which issued a passport.

If it is impossible to immediately return a foreigner or stateless person, they shall remain at the border crossing points of the state border of Ukraine until their return.

Passports of such foreigners and stateless persons shall be marked with a notice banning the entry for a period specified in the decision made under part 3 of Article 13 of this Law.

2. In case of illegal crossing of the state border of Ukraine, foreigners and stateless persons shall be apprehended and, unless their violation of the legislation of Ukraine provides for criminal liability shall be returned to the country of the previous stay following the determined procedure.

Such foreigners and stateless persons shall be banned from entering Ukraine by the state border security authorities for five years. Per the procedure determined by the Cabinet of Ministers of Ukraine, information on them shall be entered into the database of persons who are not allowed to enter Ukraine or are temporarily restricted from exiting from Ukraine under the legislation of Ukraine.

{Paragraph 2, part 2 of Article 14 as amended by Law No. 2293-VIII of 27 February 2018}

3. During the apprehension, the state border security authorities shall ensure fingerprinting, and, if necessary, taking other biometric data of foreigners and stateless persons under the law.

Article 14-1. Return of foreigners and stateless persons to the temporarily occupied territory

1. Foreigners and stateless persons who arrived at the entry/exit checkpoints from the temporarily occupied territory without an appropriate permit shall not be allowed to continue travelling and shall return to the temporarily occupied territory from which they arrived or to the state, which issued the passport as soon as possible.

If it is impossible to immediately return a foreigner or stateless person, they shall remain at the entry/exit checkpoint until their return.

Passports of such foreigners and stateless persons shall be marked with a notice banning the entry for a period specified in the decision made under part 3 of Article 13 of this Law.

{The Law has been supplemented with Article 14-1 under Law No. 1207-VII of 15 April 2014}

Article 15. Documents for entering/exiting from Ukraine for foreigners and stateless persons

1. Entry into Ukraine and exit from Ukraine shall be carried out:

of foreigners and stateless persons – under a passport containing a relevant visa, unless another entry and exit procedure is set by the legislation or an international treaty of Ukraine;

of foreigners permanently residing on the territory of Ukraine – under a passport and a permanent residence permit;

of stateless persons permanently or temporarily residing on the territory of Ukraine – under an identity document of a stateless person for travelling abroad;

{Paragraph 4, part 1 of Article 15 as amended by Law No. 693-IX of 16 June 2020 – concerning the enactment, refer to clause 1 of Section II}

of foreigners and stateless persons recognised in Ukraine as refugees or persons in need of subsidiary protection – under a travel document for travelling abroad;

of foreigners and stateless persons married to the nationals of Ukraine – under a passport and a temporary residence permit;

of foreigners and stateless persons married to persons specified in parts 2–12, Article 4 of this Law – under a passport and a temporary residence permit;

of foreigners and stateless persons staying in Ukraine in connection with employment– under a passport and a temporary residence permit;

of foreigners and stateless persons staying in Ukraine in connection with participating in the implementation of the international technical assistance projects – under a passport and a temporary residence permit;

of foreigners and stateless persons staying in Ukraine in connection with participating in the activity of religious organisations – under a passport and a temporary residence permit;

of foreigners and stateless persons who stay in Ukraine in connection with participating in the activity of branches, departments, representative offices and other structural units of public (non-governmental) organisations of foreign states – under a passport and a temporary residence permit;

of foreigners and stateless persons employed with the representative offices of foreign business entities in Ukraine – under a passport and a temporary residence permit;

of foreigners and stateless persons employed with branches or representative offices of foreign banks in Ukraine – under a passport and a temporary residence permit;

of foreigners and stateless persons staying in Ukraine in connection with participating in cultural, scientific, educational activities on the grounds and following the procedure determined by the international treaties of Ukraine or special programmes, as well as foreigners and stateless persons staying in Ukraine for participating in international and regional volunteer programmes, or participating in the activities of volunteer organisations and institutions engaging volunteers in their activities under the Law of Ukraine “On Volunteering” the information on which is available on the official website of a central executive authority enforcing the state policy on volunteering – under a passport and a temporary residence permit;

{Paragraph 14, part 1of Article 15 as amended by Law No. 246-VIII of 5 March 2015}

of foreigners and stateless persons employed as correspondents or representatives of foreign media on the territory of Ukraine – under a passport and a temporary residence permit;

of foreigners and stateless persons who have been enrolled in the educational institutions of Ukraine for at least one year – under a passport and a temporary residence permit;

of foreigners who are nationals of states allowed enter Ukraine without a visa under the legislation of Ukraine or an international treaty of Ukraine – under a passport or another document if it is provided for by the international treaty of Ukraine;

of foreigners who are nationals of the states which have entered into agreements with Ukraine on local border traffic – under documents allowing to cross the state border within the local border traffic to be issued by diplomatic missions and consular posts of Ukraine following the procedure determined by the Ministry of Foreign Affairs of Ukraine;

foreigners and stateless persons undergoing military service in the Armed Forces of Ukraine under a contract – under a passport and military identity card of privates, sergeants and warrant officers.

{Part 1 of Article 15 has been supplemented with paragraph 19 under Law No. 716-VIII of 6 October 2015}

2. Persons specified in part 5, Article 16 of this Law may enter Ukraine and exit from Ukraine under passports and accreditation cards.

{Part 2 of Article 15 as revised by Law No. 1182-IX of 3 February 2021}

Article 16. Registration of foreigners and stateless persons entering Ukraine or staying on the territory of Ukraine

1. Foreigners and stateless persons entering Ukraine shall be registered at the border crossing points at the state border of Ukraine by the state border security authorities.

2. A registration stamp made in a passport and/or immigration card or other documents of a foreigner or a stateless person provided for by the legislation of Ukraine shall be valid throughout the territory of Ukraine, regardless of location or residence of a foreigner or a stateless person on the territory of Ukraine.

3. Rules of registration of foreigners and stateless persons shall not apply to persons who illegally crossed the state border of Ukraine with the intention of recognising them as refugees or persons in need of subsidiary protection, asylum or temporary protection in Ukraine. A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall register foreigners and stateless persons covered by the law on refugees and persons in need of subsidiary or temporary protection in Ukraine, having only one of the documents issued to such persons under the above law.

4. The following foreigners and stateless persons shall be exempt from registration:

heads of states and governments of foreign countries, members of parliament and government delegations, technical personnel supporting such delegations (persons) and their families who arrived in Ukraine at the invitation of the President of Ukraine, the Verkhovna Rada of Ukraine or the Cabinet of Ministers of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea or the Council of Ministers of the Autonomous Republic of Crimea, ministries, other central executive authorities of Ukraine; persons and family members of such persons who enter Ukraine using the United Nations identification cards or identification cards of UN organisations;

foreigners and stateless persons under eighteen years old;

foreign tourists during a cruise;

crewmembers of foreign naval ships (aircrafts) which arrived in Ukraine in accordance with the determined procedure;

individuals who make up the crews of foreign non-military vessels;

individuals who make up the crews of commercial aircrafts of international airlines, international train crews if they stay at the airports or train stations specified in the traffic schedule.

5. The Ministry of Foreign Affairs of Ukraine shall register:

{Paragraph 1, part 5 of Article 16 as revised by Law No. 1182-IX of 3 February 2021}

heads of foreign diplomatic missions and consular posts, diplomatic personnel, consular officers, administrative, technical and service personnel of diplomatic missions and consular posts, personnel of the military attaches and trade missions and their spouses, children and parents who are their legal dependents;

personnel of foreign affairs authorities of foreign states who arrived in Ukraine on official matters and have diplomatic or service passport, and their family members;

officer of international organisations who arrived in Ukraine on official matters, personnel of representative offices of such organisations in Ukraine, as well as personnel of the representative offices of international organisations with headquarters in Ukraine and under the statutory documents of such organisations or relevant international agreements enjoy diplomatic privileges and immunities, as well as their family members;

private household employees (workers) of the diplomatic personnel, consular officers and administrative and technical personnel of diplomatic missions and consular posts of foreign states, officers of international organisations who arrived in Ukraine for official matters, employees of missions of such states at the international organisations with the headquarters in Ukraine, as well as their family members;

{Part 5 of Article 16 has been supplemented with a new paragraph under Law No. 1182-IX of 3 February 2021}

students of higher education institutions of foreign states sent by foreign policy departments of foreign states or headquarters of international organisations undergoing internship and/or training practice in the diplomatic missions and consular posts of foreign states, international organisations and their representative offices, missions of the states at the international organisations with the headquarters in Ukraine.

{Part 5 of Article 16 has been supplemented with a new paragraph under Law No. 1182-IX of 3 February 2021}

The procedure for registering persons specified in this part shall be determined by the Ministry of Foreign Affairs of Ukraine. Registration of persons specified in paragraphs 5 and 6 of this part shall be carried out subject to the principle of mutuality.

{Paragraph 7, part 5 of Article 16 as revised by Law No. 1182-IX of 3 March 2021}

Article 17. Extension of stay of foreigners and stateless persons on the territory of Ukraine

1. A foreigner or stateless person staying on the territory of Ukraine on legal grounds may be granted an extension for the period of their stay (subject to legitimate reasons).

2. Documents on the extension of stay in Ukraine shall be issued following written applications of a foreigner or stateless person and the host party to be submitted at least three business days prior to the expiration of the term of their stay on the territory of Ukraine.

3. A foreigner or stateless person may be denied an extension of the period of stay should there be no grounds therefore and no sufficient financial resources to cover the costs associated with the stay of a foreigner or stateless person in Ukraine or the relevant guarantees from the host party.

4. The stay on the territory of Ukraine shall be extended by the territorial bodies of a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation in accordance with the procedure determined by the Cabinet of Ministers of Ukraine

{Part 4 of Article 17 as amended by Law No. 5459-VI of 16 October 2012}

Article 18. Issuing identity documents for return

1. Identity documents for return shall be executed and issued by a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation.

{Part 1 of Article 18 as amended by Law No. 5459-VI of 16 October 2012}

2. The rules of registration, issuance and the format of the identity documents for return shall be determined by the Cabinet of Ministers of Ukraine unless otherwise provided for by the laws of Ukraine.

Article 19. Issuance of an identity document of a stateless person for travelling abroad

1. An identity document of a stateless person for travelling abroad, which is a document identifying the stateless person when crossing the state border of Ukraine and staying abroad, shall be issued to a stateless person permanently or temporarily residing on the territory of Ukraine with no travel document.

{Part 1 of Article 19 as amended by Law No. 693-IX of 16 June 2020 – concerning the enactment, refer to clause 1 of Section II}

Article 20. Transit through the territory of Ukraine of foreigners and stateless persons

1. Transit of foreigners and stateless persons through the territory of Ukraine shall be carried out subject to a Ukrainian transit visa unless otherwise provided for by the legislation or international treaties of Ukraine.

2. The rules of transit through the territory of Ukraine by foreigners and stateless persons shall be approved by the Cabinet of Ministers of Ukraine.

3. In cases of forced stop, the period of temporary stay on the territory of Ukraine may be extended for a foreigner and stateless person until the termination of circumstances, which caused it following the procedure determined by the Cabinet of Ministers of Ukraine.

4. Transit of foreigners and stateless persons through the temporarily occupied territory shall be prohibited.

{Article 20 has been supplemented with part 4 under Law No. 1207-VII of 15 April 2014}

Article 21. Financial resources for entry to Ukraine, stay on the territory of Ukraine and transit through the territory of Ukraine for foreigners and stateless persons

1. Entering Ukraine, stay on the territory and transit through the territory of Ukraine for foreigners and stateless persons shall be carried out provided that there are adequate financial resources or opportunities to obtain such resources legally on the territory of Ukraine. The procedure for confirming adequate financial resources and the scope thereof shall be determined by the Cabinet of Ministers of Ukraine.

2. Foreigners and stateless persons must provide proof of financial resources at the request of competent officials authorised by law.

3. Availability of financial resources or guarantees of availability thereof may be confirmed by presenting the following for control:

cash in the national currency of Ukraine or convertible foreign currency;

document with the indication of the amount of cash funds, in exchange for which funds may be obtained from banking institutions of Ukraine;

payment cards of international payment systems accompanied by a statement from the applicant’s bank account, confirming the available amount of cash funds;

document confirming the reservation or payment for accommodation and food while in Ukraine;

agreement for travel services (voucher);

guarantee letter of the host party who invited a foreigner or stateless person and undertook to pay all the expenses associated with the stay of the above persons on the territory of Ukraine and exit from Ukraine;

travel ticket to return to the country of nationality or country of permanent residence or a third country.

Article 22. Exiting from Ukraine

1. Foreigners and stateless persons staying in Ukraine on legal grounds may freely exit from the territory of Ukraine in accordance with the determined procedure, except for the cases determined by law.

2. A foreigner or stateless person shall not be allowed to exit from Ukraine if:

he/she was served charge papers of committing a crime or a judgment is pending on a criminal case by the court – until the criminal proceedings are completed;

{Paragraph 2, part 2 of Article 22 as revised by Law No. 4652-VI of 13 April 2012}

he/she has been sentenced for a crime – until he/she serves the sentence or released after serving the sentence;

{Paragraph 3, part 2 of Article 22 as revised by Law No. 4652-VI of 13 April 2012}

he/she departure is contrary to the interests of the national security of Ukraine – until the circumstances preventing the exit are terminated.

3. Exit of a foreigner or stateless person from Ukraine may be temporarily postponed by a judgment until he/she performs the property obligations to individuals and legal entities in Ukraine unless otherwise provided for by an international treaty of Ukraine.

4. Should there be grounds specified in parts 2 and 3 of this Article, information about a foreigner or stateless person shall be entered into the database of persons who are not allowed to enter Ukraine or are temporarily restricted from exiting from Ukraine under the legislation of Ukraine.

SECTION III. 

LIABILITY OF FOREIGNERS AND STATELESS PERSONS

Article 23. Liability for violations committed by foreigners and stateless persons

1. Irregular migrants and other foreigners and stateless persons who have committed criminal, administrative or other offences shall be liable under the law.

{Part 1 of Article 23 as amended by Law No. 720-IX of 17 June 2020}

Article 24. Reducing the period of temporary stay on the territory of Ukraine

1. If a foreigner or stateless person has no grounds for temporary residence determined by parts 4–12, Article 4 of this Law, or for a temporary stay on the territory of Ukraine their period of stay shall be reduced.

2. A decision to reduce the period of temporary stay of a foreigner or stateless person on the territory of Ukraine shall be made by a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation or by the bodies of the Security Service of Ukraine.

{Paragraph 1, part 2 of Article 24 as amended by Law No. 5459-VI of 16 October 2012}

The decision-making procedure and 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. Provisions of this Article shall not apply to persons covered by the Law of Ukraine “On Refugees and Persons in Need of Subsidiary Protection or Asylum”.

Article 25. Voluntary return of foreigners and stateless persons

1. Foreigners and stateless persons who received a notice of refusal to recognise them as refugees or persons in need of subsidiary protection, persons who have lost or have been deprived of their refugee status or subsidiary protection and failed to exercise the right to appeal against such decisions, as well as persons who received a notice of dismissing the appeal against refusal to issue documents for resolving the issue of recognising them as a refugee or a person in need of subsidiary protection, and failed to exercise the right to appeal against the decision in court, persons who received the judgment confirming the refusal to issue documents for resolving the issue of recognising them as a refugee or a person in need of subsidiary protection in Ukraine must voluntarily return to the country of origin or a third country within the set period of time unless they have other legitimate reasons for staying in Ukraine under this Law.

2. Foreigners and stateless persons who have no legal grounds to stay in Ukraine or who cannot perform the obligation to exit from Ukraine due to lack of funds or loss of passport, not later than the expiration of the term of their stay, may voluntarily return to the country of origin or a third country, including with the assistance of international organisations.

3. A decision on the voluntary return of foreigners and stateless persons specified in parts one and two of this Article shall be made by the territorial body of a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, following the application of foreigners or stateless persons to return voluntarily.

{Paragraph 1, part 3 of Article 24 as amended by Law No. 5459-VI of 16 October 2012}

The procedure to be taken following the applications of foreigners and stateless persons on voluntary return shall be determined by the Cabinet of Ministers of Ukraine.

4. If a decision on the voluntary return of foreigners and stateless persons specified in parts one and two of this Article has been made, they shall receive a certificate of a person returning voluntarily. The above certificate shall be the grounds for a temporary stay of foreigners and stateless persons on the territory of Ukraine until the completion of the voluntary return procedure. In case of completion of the voluntary return procedure, such a certificate shall be withdrawn or recognised as invalid.

5. The voluntary return procedure period must not exceed 60 days.

6. If a decision on the voluntary return of a foreigner or stateless person under eighteen years old is made, it should be clarified that in case of a voluntary return, such person shall return to a family member or guardian.

7. During the procedure for the voluntary return of foreigners and stateless persons, a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall co-operate with the international and non-governmental organisations, the charters of which provide for facilitation to the voluntary return of foreigners and stateless persons.

Article 26. Forcible return of foreigners and stateless persons

1. A foreigner and stateless person may be forcibly returned to the country of origin or a third country if their actions violate the legislation on the legal status of foreigners and stateless persons or are contrary to the interests of the national security of Ukraine or public order, or if it is necessary for ensuring public health, rights and legitimate interests of the nationals of Ukraine by a decision of a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, body of the State Security Service of Ukraine or the state border security authority (in respect of foreigners and stateless persons detained within the controlled border areas during the attempt of after illegal crossing of the state border of Ukraine) with subsequent notification of a prosecutor of the reasons of such a decision within 24 hours. The decision on forcible return shall indicate the period during which a foreigner or stateless person must exit from Ukraine. The specified period of time must not exceed 30 days after the date of the decision.

2. The decision on the forcible return of foreigners and stateless persons specified in part one of this Article may be accompanied by a ban on further entry to Ukraine for three years. The period of the ban on further entry to Ukraine shall commence on the date of such a decision. The procedure for enforcing the decision banning further entry to Ukraine shall be determined by the Cabinet of Ministers of Ukraine.

3. One copy of the decision on the forcible return of a foreigner or stateless person shall be issued to a foreigner or stateless person in respect of whom it was made. The decision shall indicate the reasons for making it, the appeal procedure and the consequences of failure to comply therewith. Format of the decision on the forcible return of a foreigner or stateless person shall be approved by a joint order of the Ministry of Interior of Ukraine and the Security Service of Ukraine.

{Part 3 of Article 26 as amended by Laws No. 5459-VI of 16 October 2012, No. 766-VIII of 10 November 2015}

4. The decision on the forcible return may be appealed in court.

5. A foreigner or stateless person shall be solely responsible for exiting from the territory of Ukraine within the period specified in the decision on forcible return.

6. Responsibility for controlling the correct and timely compliance with the decision on the forcible return of a foreigner or stateless person shall lie with the authority, which made it.

To control the compliance with the decision on the forcible return of a foreigner or stateless person, officials of the state border security authority or a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, may escort such a foreigner or stateless person within the territory of Ukraine.

{Paragraph 2, part 6 of Article 26 as amended by Law No. 5459-VI of 16 October 2012}

7. If the decision on forcible return is made, a visa shall be cancelled in the passport of a foreigner or stateless person and documents proving the legal grounds for a stay in Ukraine shall be seized.

8. Forcible return shall not apply to foreigners and stateless persons under the age of eighteen years old covered by the Law of Ukraine “On Refugees and Persons in Need of Subsidiary Protection or Asylum”.

Foreigners or stateless persons specified in part 20, Article 4 of this Law may be forcibly returned to the country of origin or a third country, which committed an act of aggression against Ukraine or fails to recognise the territorial integrity and sovereignty of Ukraine, or refuses to recognise that violation of the territorial integrity and sovereignty of Ukraine is illegal, in particular, voted against the United Nations General Assembly Resolution No. 68/262 “Territorial Integrity of Ukraine” of 27 March 2014.

{Part 8 of Article 26 has been supplemented with paragraph 2 under Law No. 2743-VIII of 6 June 2019}

Article 27. Extradition of foreigners and stateless persons

1. A stateless person permanently residing in Ukraine who committed offences outside Ukraine cannot be extradited to another state for criminal prosecution or enforcement of a sentence.

{Part 1 of Article 27 as amended by Law No. 720-IX of 17 June 2020}

2. The issue of extraditing foreigners staying in Ukraine who committed offences outside Ukraine shall be governed by the legislative acts of Ukraine and international treaties of Ukraine.

{Part 2 of Article 27 as amended by Law No. 720-IX of 17 June 2020}

3. Provisions of part 2 of this Article shall not apply to persons covered by the Law of Ukraine “On Refugees and Persons in Need of Subsidiary Protection or Asylum”.

Article 28. Rendition of foreigners and stateless persons to serve the sentence

1. Foreigners who have committed offences in Ukraine and have been convicted under the legislative acts of Ukraine may be rendered to serve the sentence in their states of nationality if such rendition is allowed by the international treaties of Ukraine.

{Part 1 of Article 28 as amended by Law No. 720-IX of 17 June 2020}

2. Provisions of part 1 of this Article shall not apply to persons covered by the Law of Ukraine “On Refugees and Persons in Need of Subsidiary Protection or Asylum”.

Article 29. International treaties of Ukraine on readmission

1. Rendition from Ukraine or admission to Ukraine of foreigners and stateless persons shall be carried out under an international treaty on readmission.

2. Admission of foreigners and stateless persons to Ukraine under the international treaty on readmission shall not change the grounds for staying in Ukraine, which existed before such admission.

3. Foreigners and stateless persons admitted under the international treaty on readmission having no legal grounds for residing in Ukraine shall be subject to forcible deportation should there be no agreement on readmission between Ukraine and the country of nationality or country of last permanent residence of foreigners or stateless persons.

Article 30. Forcible deportation of foreigners and stateless persons

1. A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, the state border security authorities (in respect of foreigners and stateless persons detained within the controlled border areas during the attempt of after illegal crossing of the state border of Ukraine) or the Security Service of Ukraine may forcibly deport foreigners or stateless persons only under a decision of the administrative court of Ukraine issued following their claim, if they failed to comply with the decision on forcible return within the set period and without valid reasons, or if there are reasonable grounds to believe that a foreigner or stateless person will avoid compliance with this decision, except for the cases of detention of a foreigner or stateless person for illegally crossing the state border of Ukraine beyond the points of crossing the state border of Ukraine and their rendition to the state border guard authorities of a neighbouring state.

A claim for forcible deportation shall not be filed in respect of foreigners and stateless person the grounds for the forcible deportation of whom were established at the state border crossing points (checkpoints) during the exit from Ukraine.

{Part 1 of Article 30 has been supplemented with paragraph 2 under Law No. 1379-VIII of 19 May 2016}

Foreigners and stateless persons specified in this Articles shall be prohibited from further entering Ukraine for five years. The period of ban on further entry to Ukraine shall commence on the date such a decision is made and be added to the period of the previous ban on entry to Ukraine of such a person.

{Part 1of Article 30 has been supplemented with paragraph 3 under Law No. 1379-VIII of 19 May 2016}

2. The judgment on forcible deportation of foreigners and stateless persons may be appealed following the procedure determined by law.

3. A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation or state border security authority shall place the foreigners or stateless persons specified in part one of this Article in the temporary accommodation centres for foreigners and stateless persons illegally staying in Ukraine under a relevant decision with the subsequent notification of a prosecutor within 24 hours.

4. Foreigners and stateless persons who have no legal grounds for staying on the territory of Ukraine, were detained following the determined procedure and are to be forcibly deported from Ukraine, including those admitted under the international treaties of Ukraine on readmission, shall be placed in the temporary accommodation centres for foreigners and stateless persons illegally staying in Ukraine for a period required for identifying and ensuring forcible deportation (readmission), but no longer than eighteen months.

If while staying in the temporary accommodation centres for foreigners and stateless persons illegally staying in Ukraine a person files an application for recognition as a refugee or person in need of subsidiary protection in Ukraine, he/she shall continue to stay in the specified centre until a final decision is made on the application.

{Part 4 of Article 30 as revised by Law No. 1379-VIII of 19 May 2016}

5. The judgment on forcible deportation of foreigners or stateless persons shall be enforced by a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, and in respect of foreigners and stateless persons detained by it within the controlled border areas during the attempt of after illegal crossing of the state border of Ukraine – by the state border security authority. Control over the correct and timely compliance with the judgment on forcible deportation shall be exerted by an authority following the claim of which the court made the judgment on forcible deportation. To control the compliance with the decision on the forcible return of a foreigner or stateless person, officials of the state border security authority or a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, shall escort such a foreigner or stateless person.

{Paragraph 1, part 5 of Article 30 as amended by Law No. 5459-VI of 16 October 2012}

A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation the official of which escorted a foreigner or stateless person forcibly deported at the request of the State Security Service of Ukraine shall inform such an authority of the enforcement of the decision on forcible deportation.

{Paragraph 2, part 5 of Article 30 as amended by Law No. 5459-VI of 16 October 2012}

6. Standard regulation on the temporary accommodation centres for foreigners and stateless persons illegally staying in Ukraine shall be approved by the Cabinet of Ministers of Ukraine.

7. A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, body of the State Security Service of Ukraine or state border security authority shall ensure fingerprinting of foreigners and stateless persons specified in part one of this Article and, if necessary, take other biometric data under the law.

8. Provisions of this Article shall not apply to foreigners and stateless persons covered by the Law of Ukraine “On Refugees and Persons in Need of Subsidiary Protection or Asylum”.

Article 31. Prohibition of forcible return or forcible deportation, extradition or rendition of foreigners and stateless persons

1. A foreigner or stateless person cannot be forcibly returned or forcibly deported, extradited or rendered to the countries:

where their life or freedom would be threatened due to discrimination by race, religion, ethnicity, nationality (citizenship), being part of a particular social group or having a certain political opinion;

where they face death penalty or execution, torture, cruel, inhuman or degrading treatment or punishment;

where their life, health, safety or freedom are threatened due to a widely spread violence in the situations of international or internal armed conflict or systematic violations of human rights or natural or man-made disasters, or lack of medical treatment or care that provides life support;

where they face deportation or forcible return to the countries where the above cases may arise.

2. Collective forcible deportation of foreigners and stateless persons shall be prohibited.

Article 32. Procedure for compensation for expenses related to forcible deportation of foreigners and stateless persons

1. Foreigners and stateless persons who are to be forcibly deported from Ukraine under a judgment shall compensate for the expenses related to deportation following the procedure determined by law.

If the specified foreigners or stateless persons have no funds to compensate for the expenses related to their deportation from Ukraine, the deportation shall be effected at the expense of the state budget.

2. Individuals or legal entities who invited or hosted foreigners or stateless persons and arranged for their illegal entry, residence, employment and contributed to their failure to exit from the country after the expiration of the period of stay, shall compensate for expenses caused to the state as a result of deportation of the above foreigners or stateless persons under a judgment following the procedure determined by law.

3. Expenses necessary for the enforcement of a judgment on forcible deportation of a foreigner or stateless person shall include the following:

tickets for a foreigner or stateless person and those who escort them;

support services during the stay of a foreigner or stateless person in the temporary accommodation centres for foreigners and stateless persons illegally staying in Ukraine;

person identification services;

issuing documents and any performing other actions related to forcible deportation, etc.

4. Accounting for the expenses related to forcible deportation shall be carried out by a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation, state border security authorities whereof an act shall be drawn up in two copies in the standard form, accordingly, by the Ministry of Interior of Ukraine or a central executive authority shaping the state policy on securing the state border.

{Part 4 of Article 32 as amended by Law No. 5459-VI of 16 October 2012}

5. A foreigner and stateless person shall be notified of the total expenses related to forcible deportation against receipt, calculated at the prices on the date of settlement. If a foreigner or stateless person refuses to confirm the presented amount of expenses, a respective note shall be made in the act indicating the reasons for refusal.

6. If a foreigner or stateless person refuses to compensate for the expenses required to enforce the judgment on his/her forcible deportation from Ukraine, the appropriate funds may be recovered from him/her in court.

7. Any cash found with a foreigner or stateless person in whose respect the court made a judgment on forcible deportation shall be seized under an act and shall be used to enforce the judgment on forcible deportation subject to the cost estimate.

8. If the host party that invited a foreigner or stateless person to Ukraine to compensate for the expenses related to the forcible deportation of such foreigners and stateless persons, the appropriate funds may be recovered from him/her in court.

SECTION IV. 

FINAL PROVISIONS

1.This Law shall enter into force two months after its publication, except for part 2, Article 9, part 3, Article 14, part 7, Article 30 of this Law in terms of recording biometric data, which shall enter into force from the day the national system of biometric verification and identification of nationals of Ukraine, foreigners and stateless persons commences functioning.

2. The following shall be declared invalid:

Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons” (The Official Bulletin of the Verkhovna Rada of Ukraine, 1994, No. 23, Article 161; 2000, No. 38, Article 318; 2001, No. 13, Article 66; 2002, No. 46, Article 347; 2003, No. 16, Article 117, No. 27, Article 209; 2004, No. 11, Article 143; 2005, Nos. 35–37, Article 446; 2007, No. 33, Article 442; 2009, No. 38, Article 535; 2011, Nos. 19–20, Article 142, No. 42, Article 424);

Resolution of the Verkhovna Rada of Ukraine “On the Legal Status of Foreigners” (The Official Bulletin of the Verkhovna Rada of Ukraine, 1994, No. 23, Article 162).

3. Before this Law enters into force, the Cabinet of Ministers of Ukraine shall:

submit for consideration to the Verkhovna Rada of Ukraine proposals on bringing the legislative acts of Ukraine in line with this Law;

bring its regulatory acts in line with this Law;

ensure that central executive authorities bring their regulatory acts in line with this Law.

President of Ukraine

V. YANUKOVYCH

City of Kyiv 

22 September 2011 

No. 3773-VI

https://zakon.rada.gov.ua/laws/show/en/3773-17#Text