RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 18, 2010 No. 751

About approval of the Regulations on check points through frontier and control Items

Cabinet of Ministers of Ukraine decides:

1. Approve Regulations on check points through frontier and control Items which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 18, 2010 No. 751

Regulations on check points through frontier and control Items

1. This Provision determines procedure for opening, closing (temporary closure) of check points through frontier and Items of control and their functioning.

2. The check point through frontier - specially allocated territory at railway and automobile stations, automobile and pedestrian ways, at the airports (in airfields), sea and river ports, including part of their water area (it is protected fully or partially by the protecting hydraulic engineering constructions or objects of natural origin), with complex of buildings, constructions and technical means on which are exercised border, customs control, other types of control and the omission through frontier of persons, vehicles, freights and other property (further - the check point).

3. In case of need for creation of conditions for implementation boundary, customs and other types of control of persons, vehicles, freights and goods, storage of vehicles, use of unloading and loading and other specialized equipment, application technical and special means of customs control which use at check points is limited or it is impossible, in the territory of certain railway stations, the airports (airfields), sea and river ports and in the territory which is combined with their water areas, according to the decision of the Cabinet of Ministers of Ukraine control Items can be created (further - control Item). Control Items to which action of this Provision extends can independently function or for ensuring activities at the respective check points.

4. Check points are classified:

1) on categories - international (the omission through frontier of citizens, vehicles and freights of any states, and also stateless persons); interstate (the omission through frontier of citizens, vehicles and freights of Ukraine and the adjacent state); local (the omission through frontier of citizens of Ukraine and the adjacent state who live in boundary regions (areas), and the vehicles belonging to them if another is not provided by international treaties of Ukraine);

2) by message types - for automobile, railway, sea, pedestrian, air, ferry and river;

3) on nature of transportations - passenger, cargo, passenger-and-freight (with restriction or without restriction of load-carrying capacity of vehicles); for separate types of vehicles (warships, ocean and river crafts); for separate transaction types (transfer of freights, carrying out repair work and so forth);

4) on the functioning mode - constants, temporary;

5) on operating time - round-the-clock and working in certain time.

5. Items of control are classified:

1) on categories - international (the omission through frontier of citizens and vehicles of any states, and also stateless persons);

2) by message types - for railway, sea, air, ferry and river;

3) on nature of transportations - passenger, cargo, passenger-and-freight (with restriction or without restriction of load-carrying capacity of vehicles); for separate types of vehicles (warships, ocean and river crafts); for separate transaction types (transfer of freights, carrying out repair work and so forth);

4) on the functioning mode - constants, temporary;

5) on operating time - round-the-clock and working in certain time.

6. The list of operating points of the omission and Items of control is constituted by Administration of State frontier service.

7. At check points and Items of control border and customs control of persons, vehicles and freights which cross frontier will in accordance with the established procedure be organized and exercised, and in the cases determined by the legislation it is performed also phytosanitary, veterinary health control, the state control of observance of requirements of the legislation on foodstuff, sterns, by-products of animal origin, health and wellbeing of animals, control of observance of requirements of the legislation of rather international motor transportations by automobile carriers, control for the purpose of safety of civil aviation (further - control types).

At check points and Items of control it is forbidden to perform not stipulated by the legislation other types of control.

8. For the organization and implementation of the types of control noted in Item 7 of this Provision at check points, control Items the relevant central executive bodies in the procedure established by the legislation form the divisions (further - regulatory authorities and services).

9. Opening, closing (temporary closure) of check points and Items of control is performed according to the decision of the Cabinet of Ministers of Ukraine.

Concerning opening (closing) of check points and Items of control to the Cabinet of Ministers of Ukraine the Ministry of Infrastructure, the Ministry of Defence, Ministry of Economics, Administration of State frontier service, State Customs Service, Minprompolitiki, Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city state administrations can introduce offers.

Information on opening, closing (temporary closure) of check points, control Items the Ministry of Foreign Affairs reports to diplomatic representations of foreign states in Ukraine, to diplomatic representations and consular establishments of Ukraine.

10. The compulsory provision for decision making by the Cabinet of Ministers of Ukraine about opening of check points for automobile, railway, pedestrian, ferry (in some cases) and the message river (in some cases) is the conclusion of the international treaty of Ukraine with the relevant adjacent state.

11. The draft of the act of the Cabinet of Ministers of Ukraine of opening, closing (temporary closure) of check points, Items of control or change of classification of the operating point of the omission or Item of control is surely approved about the MFA, the Ministry of Infrastructure, State Customs Service and Administration of State frontier service, and also with other interested central executive bodies regulatory authorities and which services perform or will perform the corresponding types of control in these Items.

12. Offers concerning opening of the check point, Item of control shall contain:

1) financial and economic calculations which surely join expenses on acquisition and establishment of engineering and technical means for implementation of necessary types of control, and also on creation of the corresponding infrastructure for regulatory authorities and services;

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