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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 7, 2022 No. 794

Some questions of return of children which are temporarily moved (are evacuated) out of limits of Ukraine for the purpose of receipt of temporary protection during warlike situation in Ukraine

According to regulations of articles 11 and 21 of the Convention of the UN on the rights of the child, article 7 of the European convention on recognition and execution of decisions on guardianship over children and about renewal of guardianship over children, Articles 5, of 16, 23 Conventions on jurisdiction, applicable law, recognition, accomplishment and cooperation concerning parent responsibility and measures of protection of children, Articles 1, of 3, 4 Conventions on civil aspects of the international kidnapping, article 8 of the European convention on human rights, the Guidelines on alternative care for children and in conflict avoidance between systems of law of the states of temporary stay of the moved (evacuated) children citizens of Ukraine and ensuring intergovernmental cooperation on protection of the rights and interests of such children the Cabinet of Ministers of Ukraine decides:

1. Determine that:

in case of acceptance by administrative or judicial authorities of the state of temporary stay of children of decisions or availability of other circumstances resulting in impossibility of implementation by legal representatives who were properly authorized by competent authorities of Ukraine functions on protection of the rights of children by foreign diplomatic organizations of Ukraine based on the decision of executive body of city, settlement, village council, district, district public administration, district/regional military administration in Kiev / National social customer service about return of the moved (evacuated) children citizens of Ukraine take measures to protection of the rights and representation of interests of children in return to their legal representatives appointed according to the legislation of Ukraine or transfer to their authorized person for return to Ukraine;

the foreign diplomatic organization of Ukraine based on the decision of executive body of city, settlement, village council, district, district public administration, district/regional military administration in Kiev / National social customer service about return of the moved (evacuated) children citizens of Ukraine and appointment of the authorized person which will provide return of children to Ukraine and will perform functions of the legal representative of children during their return to Ukraine, in particular, in case of need of obtaining in foreign diplomatic organization of Ukraine of identity documents and confirming nationality of the child, performs preparation of documents and the organization of return of children to Ukraine according to Procedure for return to Ukraine for the children deprived of parent guardianship who are citizens of Ukraine is provided, the approved resolution of the Cabinet of Ministers of Ukraine of April 23, 2003 No. 569 (The Official Bulletin of Ukraine, 2003, No. 17, the Art. 763) what it is reported to competent authorities of the state of temporary stay of children about;

The national social customer service in case of impossibility to provide return of the children without parental support, orphan children and children deprived of parent guardianship who are citizens of Ukraine to the territory of administrative and territorial unit of Ukraine where they lived before trip abroad, takes measures to determination of district, district public administration, district/regional military authorities or executive body of city, settlement, village council in Kiev which will provide return and the device of children taking into account their requirements and the best interests.

2. Provide to the Ministry of Foreign Affairs:

taking measures by foreign diplomatic organizations of Ukraine to obtaining in full information on acceptance of the state of temporary stay of children of the decision by administrative or judicial authorities, in particular, about appointment of the temporary guardian in such state which results in impossibility of implementation by legal representatives which properly authorized competent authorities of Ukraine, functions on protection of the rights of children;

representation by foreign diplomatic organizations of Ukraine information to the Ministry of Foreign Affairs, National social customer service about the available cases of deprivation of possibility of implementation by legal representatives who were authorized properly by competent authorities of Ukraine, functions on providing the rights of children.

3. National social customer service provide taking measures to obtaining from executive bodies of city, settlement, village councils, district, district public administrations in Kiev, district/regional to military authorities, the legal representatives of children exercising control of activities, information on the available cases of deprivation of possibility of implementation by legal representatives who were properly authorized by competent authorities of Ukraine, functions on providing the rights of children.

4. To provide to the ministry of social policy, the Ministry of Justice, the Ministry of Foreign Affairs, National social customer service according to competence cooperation with competent authorities of the states of temporary stay of the moved (evacuated) children citizens of Ukraine concerning ensuring compliance and protection of the rights of such children during acceptance by administrative or judicial authorities of the specified states of decisions on them.

Prime Minister of Ukraine

D. Shmygal

 

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