RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 24, 2021 No. 317

Some questions of recognition by the stateless person

According to part seven of article 6-1 of the Law of Ukraine "About legal status of foreigners and stateless persons" the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

Procedure for consideration of the applications about recognition by the stateless person;

the application form about recognition by the stateless person;

sample of the certificate of the request for recognition by the stateless person.

2. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 24, 2021 , No. 317

Procedure for consideration of the applications about recognition by the stateless person

General part

1. This Procedure determines the procedure of recognition by the stateless person which is carried out by GMS for the purpose of factual determination of not accessory of person who filed petition for recognition by the stateless person to nationality of any state owing to its law.

2. With the statement for recognition by the stateless person person who cannot receive the passport document because it is not considered as the citizen by any state owing to its law, despite legality or illegality of its stay in the territory of Ukraine has the right to the address.

Persons recognized as stateless persons other states and which have the document issued by authorized body of foreign state or the authorized organization UN, proving the identity without nationality grants the right to entrance or departure from the state and is recognized Ukraine, in Ukraine do not need passing of supplementary procedure of recognition by the stateless person.

Persons who are located abroad have no right to the address with the statement for recognition by the stateless person in Ukraine.

3. The application for recognition by the stateless person is submitted in the form approved by the resolution of the Cabinet of Ministers of Ukraine of March 24, 2021 No. 317 "Some questions of recognition by the stateless person":

full age capable person (further - the applicant) - personally;

full age incapacitated or it is limited by capable person - his legal representative.

Information about the child is provided in the statement for recognition by the stateless person of one of his legal representatives.

The statement for recognition by the stateless person of the child separated from family moves one of his legal representatives. In case of the appeal to GMS of the child which is separated from family and has no legal representative, the employee of territorial body / GMS territorial subdivision instantly addresses to guardianship and custody bodies with the petition concerning providing the child with the legal representative.

4. The statement for recognition by the stateless person and documents attached to it are filed by the applicant or his legal representative to personally territorial body / GMS territorial subdivision for the place of residence of person.

In case of filing of application about recognition by the stateless person the employee of territorial body / GMS territorial subdivision explains to the applicant or his legal representative the procedure of recognition by the stateless person, and also the right to the address concerning receipt of free legal aid to the center for provision of free legal aid according to the Law of Ukraine "About free legal aid".

5. The decision on recognition by the stateless person or on refusal in recognition by the stateless person is accepted within six months from the date of filing of application about recognition by the stateless person and the documents determined by this Procedure.

The term of consideration of such statement based on the motivated conclusion of structural division of GMS determined according to the paragraph the second Item 12 of this Procedure according to the solution of the authorized person of GMS determined according to paragraph one of Item 12 of this Procedure can be prolonged up to 12 months.

In case of decision making about suspension of consideration of the application about recognition by the stateless person term from acceptance date of such decision to decision date on renewal or the termination of consideration of the applications about recognition by the stateless person is not considered in the terms determined by paragraphs the first and second this Item.

6. Execution of the certificate of the request for recognition by the stateless person in the form approved by the resolution of the Cabinet of Ministers of Ukraine of March 24, 2021 No. 317 "Some questions of recognition by the stateless person" and execution of the decision on recognition by the stateless person or about refusal in recognition by the stateless person according to appendix 1 is performed by structural division of GMS means of departmental information system GMS.

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