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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 23, 2012 No. 417

About approval of the Procedure for establishment of the status of person which was affected by human trafficking

(In edition of the Resolution of the Cabinet of Ministers of Ukraine of 19.09.2012 No. 868)

According to the subitem "b" of Item and part one of article 15 of the Law of Ukraine "About counteraction to human trafficking" the Cabinet of Ministers of Ukraine decides 2 parts one of Article 6:

Approve the Procedure for establishment of the status of person which was affected by human trafficking which is applied.

 

Prime Minister of Ukraine N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 23, 2012, No. 417

Procedure for establishment of the status of person which was affected by human trafficking

1. This Procedure determines the procedure of establishment of the status of person which was affected by human trafficking (further - the status), based on the relevant information.

2. Person who considers itself the victim of human trafficking is submitted in the place of stay to the local state administration by the application for establishment of the status (further - the statement) in the form approved by Minsotspolitiki.

The foreigner or the stateless person which does not know Ukrainian or Russian fills in the application form with the translator.

For establishment of the status to the child who was affected by human trafficking, the application is submitted to the local state administration by his legal representative or person who knew of such child.

3. Statements are registered in the relevant magazine in the form approved by Minsotspolitiki, and to persons who gave them is reported about possibility of receipt of the help and its types.

4. The head of the local state administration determines the structural division responsible for holding procedure of establishment of the status (further - structural division), and the responsible official (further - the official) according to distribution of functional obligations.

5. In case of the address for establishment of the status of person who is victim from the crime connected with human trafficking or the civil claimant in criminal proceedings, or person who suffered from human trafficking in the territory of other state that is confirmed with results of investigation of relevant organs of such state the statement of the specified person is adopted without holding interview by the official.

6. The certificate of the address for establishment of the status in form according to appendix 1, which is the basis for the appeal to territorial authorities or divisions of GMS for registration is issued to the foreigner or the stateless person in case of filing of application in the local state administration within two working days.

7. The official holds within three working days from the date of filing of application interview with person who considers itself the victim of human trafficking, and fills in the questionnaire according to appendix 2, trying to prevent repeated victimization and psychological injuring of person.

At the request of person who considers itself the victim of human trafficking during interview there can be members of his family or other persons.

In case of holding interview with the legal representative of the child who suffered from human trafficking and is separated from family or incapacitated person who considers itself the victim of human trafficking, to interview the translator (in case of need), the psychologist or the pedagogical worker and the lawyer is attracted about what the mark in the questionnaire becomes.

In case of impossibility of holding interview with person who considers itself the victim of human trafficking because of its chronic mental disease, temporary disorder of mental activities, weak-mindedness or other disease mental state or the early childhood the questionnaire is filled in with the official based on personal observations, the testimony or other data.

The official who conducts interview draws up the receipt on nondisclosure of data which became known to it during interview, in the form approved by Minsotspolitiki.

8. After holding interview person who considers itself the victim of human trafficking gets acquainted with the questionnaire and signs it. In case of disagreement with contents of the questionnaire such person has the right to provide the notes in writing.

After holding interview the legal representative of the child who suffered from human trafficking and is separated from family or incapacitated person who considers itself the victim of human trafficking, the translator (in case of its presence), the psychologist or the pedagogical worker and the lawyer get acquainted with the questionnaire and sign it. In case of disagreement with contents of the questionnaire specified persons have the right to provide the notes in writing.

9. In case when person who considers itself the victim of human trafficking specified in the statement for need for provision to it havens, medical, psychological and other care, the local state administration, and also subjects which perform actions in the sphere of counteraction to human trafficking and directly revealed such person during accomplishment of the functional obligations, instantly perform actions for ensuring provision to such person of haven, medical, psychological and other care.

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