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It is registered
Ministry of Justice of Ukraine
April 11, 2022
No. 404/37740
of April 5, 2022 No. 209
About approval of the Instruction about procedure for acceptance to the foreigners and stateless persons authorized by division of National police of Ukraine of decisions on prohibition of entry into Ukraine
According to the paragraph to the second part one and part three of article 13 of the Law of Ukraine "About legal status of foreigners and stateless persons", to Item 3 of the Procedure for provision to the State Border Service and accomplishment of orders of authorized state bodies by it concerning persons crossing frontier, the Cabinet of Ministers of Ukraine approved by the resolution of April 17, 2013 No. 280, for the purpose of determination of procedure for acceptance to the foreigners and stateless persons of PRIKAZYVAYU authorized by division of National police of Ukraine of decisions on prohibition of entry into Ukraine:
1. Approve the Instruction about procedure for acceptance by authorized division of National police of Ukraine of decisions on prohibition of entry into Ukraine to foreigners and stateless persons which is applied.
2. To management of public safety, counteraction of crime and providing law and order of the Ministry of Internal Affairs of Ukraine () provide to Naumenko A. 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.
Minister
D. Monastyrsky
It is approved: Chairman of National police of Ukraine |
I. Klimenko |
Chairman of the Public migratory service of Ukraine |
N. Naumenko |
Minister of Foreign Affairs of Ukraine |
D. Kuleba |
Vice-chairman of the Security Service of Ukraine |
V. Gorbenko |
Representative of the Verkhovna Rada of Ukraine for human rights |
L. Denisova |
Approved by the Order of the Ministry of Internal Affairs of Ukraine of April 5, 2022 No. 209
1. This Instruction determines procedure for acceptance by interregional territorial authority of National police of Ukraine (further - authorized division of police) which provides realization of powers of National police of Ukraine concerning participation in fight against organized crime, 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 by authorized division of police according to the paragraph to the second part one and part three of article 13 of the Law of Ukraine "On legal status of foreigners and stateless persons" for the benefit of fight against organized crime.
The decision on entrance prohibition is not made on the foreigner having the status of the refugee in Ukraine or person needing additional or temporary protection.
3. For adoption by authorized division of police of the decision on entrance prohibition respectively by the central governing body of police, territorial (including interregional) police agencies, their separate divisions (further - bodies (divisions) of police) the reference in which are specified prepares:
data on the foreigner who is supposed to forbid entrance: surname, name (names) and middle name (in the presence) the foreigner in the Nominative case Latin letters, number, month, year of birth, floor, nationality (citizenship), or the country of permanent residence, and also in the presence - data of the passport document of the foreigner (type, series, number, body which issued, date of issue), the birthplace, place of employment, position, the residence (stay), numbers of means of communication;
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 accounting, including functional subsystems of unified information system of the Ministry of Internal Affairs of Ukraine, databanks of International Criminal Police Organization - the Interpol;
data on availability of property obligations to legal entities and physical persons in Ukraine;
term of prohibition of entry into Ukraine to the foreigner.
The reference prepares separately concerning each foreigner on whom the decision on entrance prohibition is made.
4. Prepared by bodies (divisions) of police (except authorized division of police) the reference together with the materials confirming circumstances and nature of making by the foreigner of act which contradicts interests of fight against organized crime (further - materials) goes to authorized division of police.
Based on the data stated in the reference, authorized division of police no later than five working days the decision on entrance prohibition in the form of the resolution on prohibition of entry into Ukraine prepares (appendix 1).
If information stated in the reference and in materials is insufficient for decision making about entrance prohibition, the reference and materials go to body (division) of police with notes and offers on remedial action.
5. In the resolution on prohibition of entry into Ukraine information statement with limited access is not allowed.
6. The resolution on prohibition of entry into Ukraine is signed by the employee of division on activity of authorized division of police, approved with the head of such division and affirms the head of authorized division of police.
7. The decision on prohibition of entrance is made by authorized division of police for a period of three years.
The term of prohibition of entry into Ukraine to the foreigner is estimated from approval date of the resolution on prohibition of entry into Ukraine.
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