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Ministry of Justice of Ukraine

November 14, 2007

No. 1268/14535

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of October 16, 2007 No. 390

About approval of the Regulations on Item of temporary stay of foreigners and persons without citizenship who illegally are in Ukraine

In pursuance of requirements of the resolution of the Cabinet of Ministers of Ukraine of July 17, 2003 N1110 "About Approval of the Standard Regulations on Item of Temporary Stay of Foreigners and Persons Without Citizenship Who Illegally Are in Ukraine" and for the purpose of increase in efficiency of fight against illegal migration of PRIKAZYVAYU:

1. Approve Regulations on Item of temporary stay of foreigners and persons without citizenship who illegally are in Ukraine it (is applied).

2. State department for nationality, to immigration and registration of physical persons (Carpatho-Russian M.P.) in five-day time after signing of this order to provide its submission on state registration to the Ministry of Justice of Ukraine.

3. To provide to chiefs of GUMVD, Regional Office of the Ministry of Internal Affairs of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol studying with staff of requirements of this order and its accomplishment.

4. To impose control over the implementation of this order on the deputy minister militia major general Fatkhutdinov V. G.

5. Announce the order to staff of bodies and divisions of internal affairs of Ukraine.

V.i.o. Minister

M. V. Korniyenko

Approved by the Order of the Ministry of Internal Affairs of Ukraine of October 16, 2007 No. 390

Regulations on Item of temporary stay of foreigners and persons without citizenship who illegally are in Ukraine

Chapter 1. General provisions

1.1. The Item of temporary stay of foreigners and stateless persons which illegally are in Ukraine (further - Item of temporary stay, PVP) is the public institution intended for temporary content of foreigners and stateless persons which illegally are in Ukraine (further foreigners) and are subject to administrative expulsion for its borders forcibly (further - exclusion).

1.2. The Item of temporary stay is created, will be reorganized and liquidated according to the decision of the Ministry of Internal Affairs of Ukraine approved with Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city state administrations if buildings and constructions of Item of temporary stay do not belong to the sphere of the Department of MIA of Ukraine.

1.3. PVP is created in structure of GUMVD, Regional Office of the Ministry of Internal Affairs of Ukraine.

1.5. The construction of PVP is performed according to the current legislation.

1.6. The Item of temporary stay is legal entity, has separate balance, registration accounts in bodies of the State Treasury of Ukraine, seal with the image of the State Emblem of Ukraine and the name.

1.7. The staff of PVP affirms the order of the Ministry of Internal Affairs of Ukraine.

1.8. Actions of employees of PVP concerning protection of foreigners cannot be combined with tortures and tortures or other forms of inhuman behavior, actions and divergence which put physical or moral sufferings or degrade human dignity. No circumstances can be justification for application of tortures, tortures or other cruel actions which degrade advantage of the person.

1.9. Activities of militia for protection of foreigners which to contain in PVP, are based on strict observance of legality, the principles of steady observance of the Constitution of Ukraine, recommendations of the General declaration of human rights, other international standards and standards of behavior with detainees, and also this Provision.

1.10. In the course of accomplishment of the tasks assigned to PVP its administration interacts with executive bodies, public organizations, foreign diplomatic representations, the international and public organizations and the organizations which deal with migration issues.

1.11. Control of activities of PVP is exercised by State department for nationality, immigrations and registration of physical persons of the Ministry of Internal Affairs of Ukraine (further - GDGIRFL) and its territorial administrations (departments) for nationality, immigrations and registration of physical persons (further - divisions of GIRFL) GUMVD, Regional Office of the Ministry of Internal Affairs of Ukraine.

Control of sanitary condition of PVP is provided by sanitary and epidemiologic divisions of head departments, the Departments of MIA of Ukraine.

Chapter 2. Main objectives of PVP

2.1. Ensuring temporary content of foreigners before completion of preparation of their administrative expulsion.

2.2. Creation of proper conditions of dwelling of foreigners in PVP, providing their rights and freedoms provided by the current legislation and the international standards.

2.3. Assistance to law-enforcement bodies, protection of frontier and the Security Service of Ukraine performed by the tasks assigned to them concerning establishment of the persons placed in Item of temporary stay, and their documentation, clarification of circumstances of violation of the legislation of Ukraine by them, participations in it of intermediaries, maintenances to check points through frontier during exclusion implementation and so forth.

2.4. Assistance to foreigners in establishment of contacts with relatives, fellow countrymen, humanitarian and human rights organizations for the purpose of the solution of question of their homecoming or improvement of conditions of accommodation at PVP.

2.5. Carrying out explanatory and scheduled maintenance concerning responsibility, stipulated by the legislation Ukraine for illegal stay in its territory.

Chapter 3. Organization of work of PVP

3.1. The room of foreigners in Item of temporary stay

3.1.1. Foreigners who illegally are in Ukraine are located in Item of temporary stay for the period necessary for preparation of their expulsion for borders of the state forcibly, but no more than for 6 months.

3.1.2. The Item of temporary stay accepts foreigners round the clock.

3.1.3. The room of foreigners in Item of temporary stay is performed in the direction of the Ministry of Internal Affairs of Ukraine, Administration of State frontier service of Ukraine or the Security Service of Ukraine or their territorial authorities in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol (further - the interested bodies) which sample is given in appendix 1. Identity documents of the foreigner (in the presence), the court order about detention of the foreigner or his exclusion, materials of administrative detention of the foreigner, stipulated by the legislation Ukraine about administrative offenses join the direction (the protocol on administrative detention, the protocol of personal survey and survey of things, the protocol of withdrawal of things, documents, etc.).

3.1.4. The director of PVP, and in case of its absence - person who replaces it after obtaining from the interested body of the direction within one working day considers it, studies the given materials and in the presence of empty seats makes the decision on the placement of the foreigner to PVP and reports about the decision to the interested body.

3.1.5. During the placement of the foreigner to PVP the person on duty checks compliance of the provided documents to data on the personality delivered and availability at the last things and objects. In case of need the translator is attracted.

3.1.6. Transfer of the foreigner to PVP is drawn up by the act of acceptance transfer of the foreigner (appendix 2) in duplicate. One copy is issued to body which brought the foreigner, and the second joins its personal record. The personal record is drawn up on each foreigner in case of its room in Item of temporary stay.

Together with the foreigner the valuable things withdrawn or transferred to storage, objects, documents, money which belong to him, and so forth are transferred.

3.1.7. The administration of PVP can refuse the placement to PVP of the foreigner in cases:

- lack of empty seats for placement;

- lack of the materials determined by subitem 3.1.3 of this Provision;

- making by the foreigner of crime.

3.1.8. In case of lack of empty seats the administration of PVP reports about this GDGIRFL for decision making of rather possible direction of the foreigner in other Item of temporary stay.

3.1.9. Children foreigners who are separated from family are not subject to the placement to PVP. They go to shelters for minors of service for children.

3.1.10. When placing the foreigner in Item of temporary stay the person on duty reports to him about the reasons and the greatest possible term of content in PVP, acquaints with daily routine, the rights and obligations, and also penalties which are imposed for violation of these rules. In necessary cases the translator for this purpose is attracted. The foreigner who obtained noted information undersigns for the magazine of acquaintance of the foreigners placed in PVP with rules of conduct and daily routine (appendix 3).

3.1.11. Accommodation of the foreigner in Item of temporary stay is performed by the person on duty.

3.1.12. The term of content of the foreigner in PVP cannot exceed 6 months and begins to be counted from the moment of his detention (transfer according to the procedure of readmission).

3.1.13. Before the placement to PVP foreigners are subject to personal survey in the procedure established by the legislation.

3.1.14. Personal inspection is performed by the employee of PVP in specially equipped room in the presence of two same-gender witnesses with the detainee. At the same time in the room there shall not be persons of opposite sex and other detainees. Inspection shall not be performed with humiliation of human dignity.

Survey includes: survey of body of the foreigner, his clothes, underwear, headdress, footwear and other things and objects which are available in case of it.

3.1.15. During survey in the procedure established by the legislation it is withdrawn:

a) fire and cold weapon, explosive, toxic, narcotic and psychotropic substances;

b) alcoholic drinks;

c) medicines and other medicines which contain narcotic, psychotropic and strong substances;

d) glasswares, the prickly and cutting objects and so forth.

3.1.16. Survey of foreigners is drawn up by the protocol of personal survey and survey of things (appendix 4).

3.1.17. The things and objects withdrawn and transferred to storage are described in the protocol of personal survey and survey of things with indication of their characteristic signs register the person on duty in register of temporarily withdrawn things. The protocol is constituted in duplicate and signed by the worker who performed inspection, the detained foreigner, witnesses and the translator. One copy is issued to the foreigner, and the second joins its personal record.

3.1.18. At the request of the foreigner valuable things, objects, documents, securities and so forth are transferred to administration of PVP for storage in the procedure established by the legislation.

3.1.19. About withdrawal or transfer by the foreigner of money documents in form and according to procedure for registration of cash transactions are processed.

3.1.20. The things withdrawn from foreigners, objects and so forth are stored in the storage room for storage of the withdrawn things of persons which contain in PVP, and in special cases of PVP from which keys are at the person on duty.

3.1.21. About withdrawal of things and objects which storage and carrying is pursued in criminal procedure, bodies of inquiry for the solution of question according to the current legislation are immediately reported.

3.1.22. During the placement to PVP foreigners undergo sanitary processing in sanitary propusknik in whom their sink, protivopedikulezny processing and disinfection processing of clothes and things is performed.

3.1.23. Foreigners shall report in writing to administration of PVP about availability (absence) at them claims to the state of health.

3.1.24. The foreigners brought to PVP are subject to obligatory medical examination.

Before the direction to rooms for accommodation foreigners are located to certain rooms for holding quarantine actions. Within 24 hours from the moment of the placement to PVP the doctor conducts their primary examination for the purpose of detection of possible diseases and determination of the subsequent treatment.

The purpose of primary physical examination is identification:

- availability or lack of bodily harms;

- need of immediate treatment;

- obvious mental disturbances;

- abuses of drugs or alcohol;

- risk of suicide or self-damage;

- infectious diseases, including tuberculosis, itch, pediculosis.

During inspection the condition of pharynx, throat is specified, and in the presence of their inflammation or other clinical manifestations laboratory inspection on diphtheria is provided.

For the purpose of the prevention of spread of disease on tuberculosis fluorographic examination in municipal institutions of health care is conducted.

3.1.25. Results of inspection are brought in medical card of the outpatient (the N025/oh, form approved by the order of the Ministry of Health of Ukraine of 27.12.99 of N 302, which is got on each foreigner and is stored in Item of health care of PVP, and also in the magazine of primary medical examination of the foreigners brought to PVP (appendix 5).

3.1.26. In case of identification at foreigners of diseases or receipt from them of claims to the state of health by the last necessary medical care is provided.

3.1.27. If necessary sick foreigners go for treatment in municipal institutions of health care and are located in them in accordance with general practice, and persons with suspicion of infectious diseases go for treatment in specialized medical institutions instantly, but not later than the next day.

3.1.28. In municipal institution of health care the administration of PVP reports about the room of the foreigner in writing to the interested body which brought the foreigner to PVP, and provides its protection during treatment.

3.2. Documentation of foreigners in PVP

3.2.1. The foreigners brought to PVP are registered in the magazine of registration of the foreigners placed in PVP (appendix 6), are fingerprinted, and in case of lack on them of identity documents, are photographed.

3.2.2. Materials on the foreigners placed in Item of temporary stay are concentrated in their personal records which the materials determined by subitem 3.1.3 of this Provision and concerning identification of the foreigner join.

3.2.3. Establishment of persons of the foreigners brought in PVP, preparation of documents and their exclusion or transfer to other countries according to the procedure determined by international treaties of Ukraine on readmission of persons are performed by that interested body in which direction foreigners were located in Item of temporary stay.

3.2.4. The foreigners placed in PVP are considered according to requirements of the general order of the Ministry of Internal Affairs of Ukraine and State frontier service of Ukraine of 29.07.2002 of N723/435 "About Approval of the Instruction about Procedure for Functioning in Law-enforcement Bodies and Bodies of Protection of Frontier of Ukraine of Accounting of Persons Detained for Violation of the Law of Ukraine about Frontier and about Legal Status of Foreigners" registered in the Ministry of Justice of Ukraine 09.10.2002 for N819/7107.

3.2.5. In case of the appeal of the interested bodies concerning need of holding the actions determined by Item 2.3 of this Provision, the administration of PVP performs their accomplishment.

During the day after receipt of the address by the inspector of PVP survey of foreigners with the assistance of the translator of PVP, and if necessary - carrying out the translation which cannot be performed in Item of temporary stay is conducted. Also other translators based on the conclusion of agreements on provision of such services are used.

Survey results are drawn up by the protocol of poll of the foreigner placed in PVP (appendix 7) which is signed by the interviewed foreigner and the worker who conducted survey, and the translator. The first copy goes to the initiator of the address, and the second joins the personal record of the foreigner.

In case of need questionnaires of the established sample and daktilokarta with photos of foreigners go to diplomatic representations or consular establishments of the states of civil accessory (citizenship) or permanent residence of foreigners which identity needs to identify.

If the consular establishment of the country of civil accessory (citizenship) or accommodation of person is not accredited in Ukraine, this information goes to Department of consular service of the Ministry of Foreign Affairs of Ukraine.

Biographical particulars can go to diplomatic representations or consular establishments of the states of civil accessory or permanent residence of foreigners fax connection.

3.2.6. Such information does not go to these organizations in case of the address of the foreigner with the written application about provision of the status of the refugee in the procedure established by the legislation.

3.2.7. The administration of PVP reports about implementation of necessary measures to the interested body where it directs proper materials.

3.2.8. Check of foreigners if necessary can be performed on operational help accounting of the Ministry of Internal Affairs, GUMVD, Regional Office of the Ministry of Internal Affairs of Ukraine. Electronic, cable and phototelegraphic communication is applied, at the same time on telegrams it is specified: "The illegal migrant".

3.2.9. In case of receipt of information on the place of crossing of frontier of Ukraine, the place of stay of illegal migrants in the territory of Ukraine such information goes to bodies of protection of frontier and territorial authorities of internal affairs.

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