AGREEMENT BETWEEN THE REPUBLIC OF BELARUS AND UKRAINE ON REGULATION OF PROCESS OF RESETTLEMENT AND PROTECTION OF THE RIGHTS OF IMMIGRANTS AND MEMBERS OF THEIR FAMILIES
of March 19, 2003
The Republic of Belarus and Ukraine which are hereinafter referred to as by the Parties in view of the mechanisms of human rights protection pledged in the documents accepted within the United Nations, in particular, in the Universal Declaration of Human Rights of December 10, 1948, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of December 16, 1966
adhering to the obligations containing in the Final act of the Organization for Security and Co-operation in Europe of August 1, 1975 and in other documents of Organization for Security and Cooperation in Europe
proceeding from the aspiration to determine procedure and conditions of resettlement of persons from the territory of one Party on the territory of other Party, and also cross liabilities of the Parties by rendering to them assistance in resettlement,
agreed as follows:
This agreement extends:
a) on persons who are citizens of one Party constantly live in the territory of other Party and voluntarily move on the territory of the Party which citizens they are;
b) on the citizens of the Republic of Belarus and persons without citizenship who are constantly living in the territory of the Republic of Belarus and having the reasons for acquisition of citizenship of Ukraine according to the legislation of Ukraine;
c) on the citizens of Ukraine and persons without citizenship who are constantly living in the territory of Ukraine and having the reasons for acquisition of nationality of the Republic of Belarus according to the legislation of the Republic of Belarus.
Application of this agreement to each particular person is single.
The parties recognize inadmissible any compulsion of persons to resettlement, and also creation of obstacles for resettlement.
In this agreement terms are used in the following value:
"immigrant" - person falling under the operation of article 1 of this agreement which received in accordance with the established procedure the document confirming the status of the immigrant issued by competent authority of the Party of departure;
"members of the family of the immigrant" - the spouses (spouse), disabled parents, minor children, and also other relatives living together with the immigrant, being in its dependence and conducting with it general economy;
"migrant workers" - persons who were engaged, engaged or will be engaged in paid labor activity in the state which citizens they are not and in which constantly do not live;
"the state of departure" - the state of former permanent residence of the immigrant and members of his family;
"the state of entrance" - the state on which territory the immigrant and members of his family moves;
"competent authorities" - the bodies of the Parties authorized on coordination of work on realization and control of this agreement.
Action of this agreement is not applied to:
a) to refugees;
b) to migrant workers and seamen;
c) to persons concerning whom criminal case or condemned for crime execution and serving sentence in the territory of one of the Parties is brought;
d) to persons whose departure infringes on interests of safety of the state of departure;
e) to persons whose entrance infringes on interests of safety of the state of entrance;
e) to persons who did not fulfill property obligations to legal entities and physical persons of the state of departure;
g) to persons which are temporarily in the territory of the state in connection with study, private and business travels.
Permission to resettlement is provided to immigrants and members of their families by the states of departure and entrance according to national legal systems of the Parties.
Immigrants and members of their families have the right to free and free obtaining from competent authorities of the Parties of information on conditions of employment and social security, education, professional training, retraining, and also other conditions of accommodation (climatic, domestic, welfare) in the state of entrance.
Immigrants and members of their families have the right:
a) export from the state of departure all personal estate declared on export belonging to them on the property right taking into account restrictions, stipulated by the legislation the states of departure;
b) in the procedure established by the legislation of the state of departure to sell or dispose of the property belonging to them on the property right;
c) transfer the money deposits placed in bank institutions of the state of departure to bank institutions of the state of entrance without restriction of the amount according to the procedure established by National Bank of the Republic of Belarus and the National Bank of Ukraine;
d) leave in the territory of the state of departure the personal and real estate belonging to them on the property right, money deposits and perform concerning their right of possession, uses and orders.
Personal and real estate cannot be alienated by the state of departure based on the fact that his owner is the person who is constantly living outside the state or not being the citizen of the state of departure.
The parties recognize for immigrants and members of their families all property and non-property rights following from their membership in housing, building, country, garage and construction cooperatives, garden and gardening partnership and other similar organizations.
Immigrants and members of their families are granted the right ahead of schedule to pay share or other fee for real estate (apartment houses, apartments, structures on garden sites, garages and another).
Ownership, use and the order of the property which is in property of immigrants and members of their families is performed by them in full if other is not provided by national legal systems of the Parties.
Civil disputes concerning the property which is in the territory of the state of departure between immigrants and members of their families, on the one hand, and interested persons, on the other hand, are solved on the territories of the state of departure according to its legislation.
The parties recognize the decisions of the courts of the state of departure which took legal effect on the specified disputes, including for the purposes of their execution in the territory of the state of entrance according to the Convention on legal assistance and legal relations on civil, family and criminal cases of January 22, 1993 which participants are both Parties.
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