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Ministry of Justice of Ukraine

May 15, 2019

No. 496/33467

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of April 24, 2019 No. 310

About approval of the Procedure for fixing of biometric these foreigners and stateless persons during border control at check points (control Items) through frontier and in checkpoints of entrance departure, and also implementation of production on cases on administrative offenses

According to Article part two 9, of part three of article 14 of the Law of Ukraine "About legal status of foreigners and stateless persons", to Item 6 of article 19 of the Law of Ukraine "About the State Border Service of Ukraine", to the Presidential decree of Ukraine of August 30, 2017 No. 256 "About the decision of the National Security and Defense Council of Ukraine of July 10, 2017 "About strengthening of control of entry into Ukraine, them corrected departure from Ukraine of foreigners and persons without citizenship, observance stay in the territory of Ukraine", to Item 10 of the Order of registration of passport documents of foreigners and stateless persons at check points through frontier approved by the resolution of the Cabinet of Ministers of Ukraine of October 3, 2018 No. 798, for the purpose of determination of the mechanism of fixing of biometric these foreigners and stateless persons during border control at check points (control Items) through frontier and in checkpoints of entrance departure and also implementation of production on cases on administrative offenses of PRIKAZYVAYU:

1. Approve the Procedure for fixing of biometric these foreigners and stateless persons during border control at check points (control Items) through frontier and in checkpoints of entrance departure, and also implementation of production on cases on administrative offenses which is applied.

2. To provide to management of interaction with the State Border Service of Ukraine (Speckled S.M.) submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

3. This order becomes effective from the date of its official publication.

4. To impose control of execution of the order on the deputy minister of internal affairs of Ukraine of the Trojan of VA.

Minister

A. B. Avakov

It is approved:

Acting minister of foreign affairs of Ukraine

 

V. M. Bodnar

Representative of the Verkhovna Rada of Ukraine for human rights

L. Denisova

Chairman of the State Border Service of Ukraine

P. Tsigikal

Chairman of the Public migratory service of Ukraine

M.Yu.Sokolyuk

Chairman of National police of Ukraine

S. M. Knyazev

 

Approved by the Order of the Ministry of Internal Affairs of Ukraine of April 24, 2019, No. 310

Procedure for fixing of biometric these foreigners and stateless persons during border control at check points (control Items) through frontier and in checkpoints of entrance departure, and also implementation of production on cases on administrative offenses

I. General provisions

1. This Procedure determines the mechanism of fixing by officials of the State Border Service of Ukraine (further - officials) biometric these foreigners and stateless persons (further - foreigners).

2. Fixing of biometric data is performed for the purpose of ensuring national security, strengthening of control of entry into Ukraine, them corrected departure from Ukraine of foreigners, observance stay in the territory of Ukraine.

3. In this Procedure the term "fixing of biometric data" means process of collection of biometric these (parameters) foreigners, introduction and storages in information and telecommunication system of border control of the State Border Service of Ukraine "Metal-1" (further - departmental information system).

Other terms used in this Procedure are applied in the values given in the Laws of Ukraine "About border control", "About legal status of foreigners and stateless persons", the Regulations on national system of biometric verification and identification of citizens of Ukraine, foreigners and stateless persons approved by the resolution of the Cabinet of Ministers of Ukraine of December 27, 2017 No. 1073.

4. Subjects of fixing of biometric data are foreigners.

5. Fixing of biometric data is performed:

during border control at check points (control Items) through frontier of Ukraine, checkpoints of entrance departure (further - check points);

during administrative detention of protection of frontier by bodies (divisions).

6. The fixed biometric data are entered into departmental information system.

The storage duration of the fixed biometric data constitutes seventy five years.

After the end of storage duration of the fixed biometric data biometric data are removed automatically from departmental information system.

The body of providing the State Border Service of Ukraine to which obligations on technical maintenance procedure for fixing of biometric data are assigned is responsible for functioning of departmental information system, availability, integrity and timely removal of biometric data from departmental information system.

II. Procedure for fixing of biometric these foreigners during border control at check points through frontier

1. Fixing of biometric these foreigners at check points through frontier is performed taking into account the analysis and risks assessment, and also provisions of parts four, the fifth article 16 of the Law of Ukraine "About legal status of foreigners and stateless persons".

2. Fixing of biometric data at check points through frontier is carried out:

on the line of passport control;

in vehicles of foreign following;

in parking lots of vehicles of foreign following;

in service premises of the State Border Service of Ukraine.

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