LAW OF UKRAINE

of September 22, 2011 No. 3773-VI

About legal status of foreigners and stateless persons

This Law determines legal status of the foreigners and stateless persons who are in Ukraine and establishes procedure for their entry into Ukraine and departure from Ukraine.

Section I. General provisions

Article 1. Determination of terms

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

1) forced stop - stay of the foreigner or stateless person in the territory of Ukraine over identified by the legislation of term for transit through its territory in connection with force majeure (natural disaster, disease and so forth) in the presence of the document confirming the reason and duration of delay;

2) the visa - the permission provided by authorized body of Ukraine in the form established by the legislation necessary for entrance on the territory of Ukraine or for transit through its territory and stay in the territory of Ukraine during the corresponding term;

3) reunion of family - entrance and temporary or permanent residence in Ukraine of members of the family of the foreigner or the stateless person who live in Ukraine on legal causes and can support by the relevant documents availability of sufficient financial provision for content of family members in Ukraine, for the purpose of general accommodation of family irrespective of when there were family relations, - to or after arrival of the foreigner or the stateless person in Ukraine;

4) immigration card - the document which contains information on the foreigner or the person without citizenship who is driving to Ukraine or leaving out of its limits and is filled in in cases and procedure which are determined the central executive body providing forming of state policy in the sphere of protection of frontier;

5) permission to application of work of foreigners and persons without citizenship - the document granting the right to the employer temporarily to use work of the foreigner or stateless person according to the procedure, established by the legislation of Ukraine or the gigabyte contract which is voluntarily received by the resident Deystviye City for the conclusion with the foreigner or the stateless person;

6) the foreigner - person who is not in citizenship of Ukraine and is citizen (subject) of other state or the states;

7) the foreigners and stateless persons which are in the territory of Ukraine on legal causes - foreigners and stateless persons which in the procedure established by the legislation or the international treaty of Ukraine drove to Ukraine and constantly or temporarily live in its territory, or temporarily are in Ukraine;

8) the foreigners and persons without citizenship who are constantly living in Ukraine, foreigners and stateless persons which received type on permanent residence if other is not established by the law;

9) the foreigners and stateless persons which are temporarily in the territory of Ukraine - foreigners and stateless persons which are in the territory to Ukraine during action of the visa or for the period established by the legislation or the international treaty of Ukraine or if the term of their stay in the territory of Ukraine is prolonged in accordance with the established procedure;

10) the foreigners and persons without citizenship who are temporarily living in Ukraine, the foreigners and persons without citizenship who received type on temporary residence or if the term of their temporary residence in the territory of Ukraine is prolonged in accordance with the established procedure if other is not established by the law;

11) the country of civil accessory - the country or the countries, the citizen (citizen) of which (which) person is;

12) the country of the previous permanent residence - the country in which the foreigner or the stateless person constantly lived before arrival in Ukraine;

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

14) the illegal migrant - the foreigner or the stateless person who crossed frontier out of check points or at check points, but avoidance of border control and instantly did not file petition for provision of the status of the refugee or asylum in Ukraine, and also the foreigner or the stateless person who legally arrived to Ukraine, but after the termination of the term of stay determined by it lost the bases for the subsequent stay and evade from departure from Ukraine;

15) the stateless person - person who is not considered as the citizen by any state owing to its law;

16) the passport document of the foreigner - the document issued by authorized body of foreign state or the authorized organization UN which confirms nationality of the foreigner proves the identity of the foreigner or the stateless person, grants the right to entrance or departure from the state and is recognized Ukraine;

17) type on permanent residence - the identity document of the foreigner or stateless person and confirming the right to permanent residence in Ukraine;

18) type on temporary residence - the identity document of the foreigner or stateless person and confirming legal causes for temporary residence in Ukraine;

19) the identity certificate on return - the document which is issued to the foreigner or the stateless person in the cases provided by international treaties of Ukraine on readmission (acceptance and transfer of persons);

20) the host party - the Ukrainian companies registered in the procedure established by the law, organizations and the organizations, representative offices (branches) of the overseas and international enterprises, organizations, the organizations, representation of foreign state under the international organization which is in Ukraine, public authority, local government body, diplomatic representation or consular establishment of foreign state in Ukraine and also physical persons (citizens of Ukraine, foreigners and stateless persons who constantly or temporarily live in Ukraine) which invited to Ukraine or accept foreigners and persons without citizenship in Ukraine;

21) the identity certificate without nationality for trip abroad - the document certifying the stateless person during crossing of frontier of Ukraine by it and stays abroad;

22) readmission - transfer from the territory of Ukraine or acceptance on the territory of Ukraine foreigners and stateless persons on the bases and according to the procedure, established by international treaties of Ukraine;

23) registration at the check point through frontier - putting down in the passport document and/or immigration card of the foreigner or stateless person or in other documents, stipulated by the legislation, the marks "Entrance", entering of information about the foreigner or the person without citizenship of their passport data into the corresponding register;

24) transit - entry of the foreigner or stateless person into Ukraine from one state, movement within time determined in the ticket (and in case of lack of the ticket - the term actually necessary for crossing of the territory of Ukraine on the corresponding mode of transport) through the territory of Ukraine and departure out of its limits to other state;

25) the third country - the country which is not country of source of the foreigner or stateless person;

26) members of the family of the foreigner or the stateless person - the husband (wife), minor children, including minor children of the husband (wife), disabled parents and other persons who are considered as family members according to the right of country of source;

27) Item of temporary stay of foreigners and stateless persons which illegally are in Ukraine, - the public institution intended for temporary content of foreigners and stateless persons:

on which the court makes the decision on exclusion;

on which the court makes the decision on detention for the purpose of identification and the ensuring exclusion including accepted according to international treaties of Ukraine on readmission;

detained by the central executive body which realizes state policy in the sphere of migration (immigration and emigration), including counteractions of illegal (illegal) migration, nationality, registration of physical persons, refugees and other categories of migrants determined by the legislation, its territorial authorities and divisions for terms and according to the procedure, stipulated by the legislation Ukraine;

detainees by a court decision before completion of consideration of the application about recognition by the refugee or person who needs additional protection in Ukraine or the stateless person;

28) legal representatives of the child are parents (adoptive parents), adoptive parents, parents tutors, guardians, custodians (including the guardians or custodians appointed those 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), representatives of organizations who fulfill duties of guardians and custodians.

2. The term "the child separated from family" is used in this Law in the value given in the Law of Ukraine "About the refugees and persons needing additional or temporary protection", and the terms "resident Deystviye City" and "gigabyte contract" - in the values given in the Law of Ukraine "About stimulation of development of digital economy in Ukraine".

Article 2. Legislation on legal status of foreigners and persons without citizenship

1. Legal status of foreigners and stateless persons is determined by the Constitution of Ukraine, present and other laws of Ukraine, and also international treaties of Ukraine.

If the international treaty of Ukraine establishes other rules, than provided by this Law the rules provided by such international treaty of Ukraine are applied.

Article 3. Principles of legal status of foreigners and stateless persons

1. Foreigners and stateless persons which are in Ukraine on legal causes have the same rights and freedoms, and also perform the same duties, as well as citizens of Ukraine, behind the exceptions established by the Constitution, the laws or international treaties of Ukraine.

2. Foreigners and stateless persons which are under jurisdiction of Ukraine irrespective of legality of their stay have the right to recognition of their legal personality and basic rights and human freedoms.

3. Foreigners and stateless persons shall observe steadily the Constitution and the laws of Ukraine, other regulatory legal acts, not to encroach on the rights and freedoms, honor and advantage of other people, interests of society and state.

Article 4. The bases for stay of foreigners and stateless persons in the territory of Ukraine

1. Foreigners and stateless persons can according to the Law of Ukraine "About immigration" immigrate to Ukraine on permanent residence.

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