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Ministry of Justice of Ukraine

March 25, 2021

No. 399/36021

ORDER OF THE CENTRAL MANAGEMENT OF THE SECURITY SERVICE OF UKRAINE

of January 29, 2021 No. 31

About approval of the Instruction about procedure for adoption by the Security Service of Ukraine of decisions on prohibition of entry into Ukraine to foreigners and stateless persons

According to the Law of Ukraine "About the Security Service of Ukraine", to article 13 of the Law of Ukraine "About legal status of foreigners and stateless persons", to Item 5 of the Procedure for provision the State Border Service and accomplishment of orders of authorized state bodies by it concerning persons crossing frontier of the Cabinet of Ministers of Ukraine approved by the resolution of April 17, 2013 No. 280, I ORDER:

1. Approve the Instruction about procedure for adoption by the Security Service of Ukraine of decisions on prohibition of entry into Ukraine to foreigners and stateless persons which is applied.

2. Declare invalid the order of the Security Service of Ukraine of June 1, 2009 No. 344 "About approval of the Instruction about procedure for adoption by the Security Service of Ukraine of decisions on prohibition of entry into Ukraine to foreigners and stateless persons", registered in the Ministry of Justice of Ukraine on August 20, 2009 for No. 785/16801 (with changes).

3. To provide to heads of department of legal support and Department of counterintelligence of the Security Service of Ukraine submission of this order on state registration in the Ministry of Justice of Ukraine in the procedure established by the legislation.

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

Chairman of Service

I. Bakanov

 

It is approved:

Minister of Foreign Affairs of Ukraine

 

D. Kuleba

Minister of Internal Affairs of Ukraine

A. Avakov

Chairman of the State Border Service of Ukraine

S. Deyneko

Representative of the Verkhovna Rada of Ukraine for human rights

L. Denisova

Deputy minister of digital transformation of Ukraine

A. Bornyakov

Approved by the Order of the Central management of the Security Service of Ukraine of January 29, 2021 No. 31

The instruction about procedure for adoption by the Security Service of Ukraine of decisions on prohibition of entry into Ukraine to foreigners and stateless persons

1. This Instruction determines procedure for acceptance by the Security Service of Ukraine (further - the SSU) decisions on prohibition of entry into Ukraine to foreigners and stateless persons (further - the foreigner).

2. The decision on prohibition of entry into Ukraine to the foreigner (further - the decision on entrance prohibition) is made for the benefit of ensuring national security of Ukraine or protection of public order, or fight against organized crime.

According to the procedure, provided by this Instruction, the decision on prohibition of entrance is made also:

according to information obtained from security service of foreign state taking into account the corresponding international treaties ratified by the Verkhovna Rada of Ukraine;

on representation of the Ministry of Foreign Affairs (further - the MFA) according to resolutions of the UN Security Council in which application of personal sanctions is provided.

The decision on entrance prohibition is not made on the foreigner having the status of the refugee in Ukraine or person who needs additional or temporary protection.

3. In case of availability of the bases for decision making about prohibition of entrance of the Central management of the SSU by functional division (further - TsU SSU), regional body of the SSU (further - authorized division of the SSU) the reference prepares.

In the reference are specified:

data on the foreigner who is supposed to forbid entry into Ukraine: surname, name (names) and middle name (in the presence) the foreigner in the Nominative case (for citizens of the Russian Federation and the Republic of Belarus - in Russian with duplication in Latin, for citizens of other countries and stateless persons - Latin), number, month, year of birth, floor, nationality (citizenship), or the country of permanent residence, and also in the presence - data of the national passport or other document which proves the foreigner's identity (type, series, number, body which issued, date of issue), the birthplace, place of employment, position, the place of residence, contact phone number;

the data proving need of decision making about entrance prohibition, in particular:

the circumstances which are the basis for decision making about entrance prohibition;

results of check of the foreigner on information systems and operational accounting of the SSU, Ministry of Internal Affairs and databanks of International Criminal Police Organization - Interpol;

availability of family relations in Ukraine (the wife or the husband, children, parents, persons who are under its guardianship or custody);

availability of property obligations to legal entities and physical persons in Ukraine;

term of prohibition of entry into Ukraine to the foreigner (three years).

4. The reference prepared by regional body of the SSU together with the materials confirming circumstances and nature of making by the foreigner of act which contradicts interests of ensuring national security of Ukraine (further - materials) are sent for approval of functional division of TsU SSU through work.

The chief of functional division of TsU SSU through work shall no later than ten working days from the date of receipt of the reference and materials to approve the reference and to return it together with materials to regional body of the SSU.

If information stated in the reference or in materials is unreasonable and/or it insufficiently for decision making about entrance prohibition, the chief of functional division of TsU SSU through work returns materials and the reference without coordination with the corresponding written reasons and offers on remedial action.

The requirement concerning the term of coordination of the reference does not extend to cases, stipulated in Item the 8th this Instruction.

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