LAW OF UKRAINE

of July 8, 2011 No. 3671-VI

About the refugees and persons needing additional or temporary protection

This Law determines procedure for regulation of the public relations in the sphere of recognition of person by the refugee, person who needs additional or temporary protection, loss and deprivation of this status, and also establishment of legal status of refugees and persons who need additional protection and to whom temporary protection in Ukraine is provided.

Section I. General provisions

Article 1. Determination of terms

1. In this Law terms are used in such value:

1) the refugee - person who is not citizen of Ukraine and as a result of reasonable concerns to fall victim of prosecutions on signs of race, religion, nationality, nationality (citizenship), belongings to certain social group or political convictions is outside the country of the civil accessory and cannot use protection of this country or does not wish to use this protection as a result of such concerns, or, without having nationality (citizenship) and being outside the country of the previous permanent residence, cannot or does not wish to return to it as a result of the mentioned concerns;

2) the child separated from family - person aged up to eighteen years which arrives or arrived to the territory of Ukraine without parents or one of them, the grandfather or the grandma, the full age brother or the sister, the guardian or the custodian appointed according to the legislation of country of source, or other full age persons who before arrival in Ukraine voluntarily or owing to custom of country of source took the responsibility for education of the child;

3) the certificate of the request for protection in Ukraine - the document which certifies legality of stay of person in the territory of Ukraine for the period which begins from the moment of the address of person with the corresponding statement for recognition by the refugee or person needing additional protection and is valid for realization of the rights and accomplishment of the obligations provided by this Law and other laws of Ukraine before final determination of the status of such person or leaving of the territory of Ukraine by it;

4) additional protection - the protection form provided in Ukraine on individual basis to foreigners and stateless persons which arrived to Ukraine or are in Ukraine and cannot or do not wish to return to the country of civil accessory or the country of former permanent residence owing to the circumstances specified in Item 13 parts one of this Article;

Will lock 5) vysylaniye or forced return - expulsion non-admission (voluntary or forced), issues (extradition), transfer, other forced movement of person to who operation of this Law, out of limits of Ukraine extends;

6) legal representatives of the child separated from family - body of guardianship and care, the guardians and custodians appointed according to the legislation of Ukraine, adoptive parents, parents tutors, foster tutors, administration of institution of health care, educational or other children's institution;

7) legal representatives of person aged up to eighteen years - one of parents, adoptive parents, the grandfather or the grandma, the full age brother or the sister, guardians or custodians appointed such before arrival in Ukraine, or other full age face which before arrival in Ukraine voluntarily or owing to custom of country of source took the responsibility for education of the child;

8) the statement for recognition by the refugee or person needing additional protection, - the statement questionnaire of the established sample in which the foreigner or the person without citizenship asks to recognize him as the refugee or person needing additional protection with indication of and reasons for one of the bases for such recognition specified in Items 1 and 13 of part one of this Article;

9) identification of the personality - the actions connected with establishment of the identity of the applicant by executive bodies who filed petition for recognition by his refugee or person needing additional protection and has no the documents proving his identity or such documents false;

10) the country of civil accessory - the country, the citizen (subject) which is person. Under condition if person has more than one nationality, it is not considered such which has no protection of the country of the civil accessory if without any reasonable excuse which comes up for reasonable concerns it did not use protection of one of the countries, the citizen (citizen) of which it is;

11) the country of the previous permanent residence of the stateless person - the country in which the person without citizenship constantly lived before arrival in Ukraine;

12) country of source - the country or the countries of civil accessory to the foreigner or the country of the previous permanent residence of the stateless person;

13) person who needs additional protection - person who is not refugee according to the Convention on the status of refugees of 1951 and the Protocol on the status of refugees of 1967 and this Law, but needs protection as such person was forced to arrive to Ukraine or to remain in Ukraine as a result of threat of her life, safety or freedom in country of source because of application concerns concerning it capital punishment or execution of sentence about capital punishment or tortures, brutal or degrading treatment or punishment or popular violence in situations of the international or internal armed conflict or systematic human rights violation and cannot or does not wish to return to such country owing to the specified concerns;

14) persons who need temporary protection, - foreigners and stateless persons which are in large quantities forced to look for protection in Ukraine as a result of external aggression, foreign occupation, civil war, collisions on ethnic basis, the natural or technogenic catastrophes or other events disturbing the public peace in certain part or in all territory of the country of origin;

15) the certificate of the refugee - the passport document which proves the identity of its owner and confirms the fact of recognition by his refugee in Ukraine and is valid for realization of the rights and accomplishment of the obligations provided by this Law and other laws of Ukraine;

16) the certificate of person needing additional protection - the passport document which proves the identity of its owner and confirms the recognition fact with his face needing additional protection and is valid for realization of the rights and accomplishment of the obligations provided by this Law and other laws of Ukraine;

17) the certificate of person to which temporary protection is provided - the passport document which proves the identity of its owner and confirms the recognition fact with his face needing temporary protection and is valid for realization of the rights and accomplishment of the obligations provided by this Law and other laws of Ukraine;

18) temporary accommodation center of refugees - the place of temporary accommodation of persons who submitted the application for recognition by the refugee or person needing additional protection concerning whom the decision on document creation for the solution of question concerning recognition by the refugee or person needing additional protection and who are recognized as the refugee or person needing additional protection is made;

19) the status of the refugee - recognition by specially authorized central executive body concerning migration of the foreigner or the stateless person by the refugee;

20) stay term in the territory of Ukraine - the term determined by the legislation of Ukraine, international treaties of Ukraine during which the foreigner or the stateless person can on legal causes be in Ukraine;

21) temporary protection - form of protection which is the exclusive practical action limited in time and is provided in Ukraine to foreigners and stateless persons which in large quantities arrived to Ukraine and 14 parts one of this Article specified in Item cannot return to the country of permanent residence in accordance with the circumstances;

22) the third safe country - the country in which person was before arrival in Ukraine except transit cases through the territory of such country, and could address with the petition for recognition by the refugee or person needing additional protection as such country:

adheres to the international standards on human rights in the sphere of haven established by international legal acts of universal and regional nature, including regulations about prohibition of tortures, the inhuman or degrading advantage behavior or punishment;

adheres to the international principles concerning protection of the refugees provided by the Convention on the status of refugees of 1951 and the Protocol concerning the status of refugees of 1967 and concerning persons needing additional protection;

has the national legal system in the sphere of haven and refugees and its relevant state bodies determine the status of the refugee and provide haven;

will provide to person effective protection against vysylaniye and opportunity to address for haven and to use it;

agrees to accept person and to provide it access to the procedure of determination of the status of the refugee or provision of additional protection;

23) UVKB UN - Management of the High Commissioner of the United Nations for refugees;

24) members of the family of the refugee or person needing additional or temporary protection:

husband (wife);

children aged up to eighteen years provided that they are not married and are on content;

full age children who are not married if they because of physical condition are objectively not capable to satisfy the requirements;

disabled parents;

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