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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 7, 2012 No. 179

About approval of the Procedure for production according to statements of foreigners and stateless persons for voluntary return

According to the paragraph the second "About legal status of foreigners and stateless persons" the Cabinet of Ministers of Ukraine decides parts three of article 25 of the Law of Ukraine:

Approve the Procedure for production according to statements of foreigners and stateless persons for voluntary return which is applied.

 

Prime Minister of Ukraine N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 7, 2012, No. 179

Procedure for production according to statements of foreigners and stateless persons for voluntary return

1. This Procedure determines the procedure of consideration by territorial authorities of GMS of statements for voluntary return of foreigners and persons without citizenship in country of source or the third country (further - statements), adoptions of relevant decisions and interaction with state bodies, local government bodies and public organizations concerning their voluntary return, documentation, ensuring departure out of limits of Ukraine.

2. Action of this Procedure extends to foreigners and persons without citizenship who:

received the message on refusal in recognition by the refugee or person who needs additional protection;

lost or are deprived of the status of the refugee or additional protection and did not use the right to appeal of such decisions;

received the message on claim variation on refusal in document creation for the solution of question concerning recognition by the refugee or person who needs additional protection, and did not use the right to its appeal in court;

received the judgment about confirmation of the decision on refusal in document creation for the solution of question concerning recognition by the refugee or person who needs additional protection in Ukraine;

have no legal causes for stay in Ukraine or which cannot execute obligation of departure out of limits of Ukraine not later than day of the termination of the corresponding term of their stay due to the lack of means or loss of the passport document.

3. Voluntary return of the foreigner and stateless person to the third country is performed in case of coordination of such return with the country to which the foreigner or the stateless person returns.

4. The procedure of voluntary return of foreigners and stateless persons is performed by territorial authorities of GMS in interaction with the international and/or public organizations which charters provide assistance to voluntary return of foreigners and stateless persons based on the signed bilateral or multilateral agreements about cooperation and interaction concerning voluntary return (further - the international and/or public organizations).

The term of implementation of the procedure of voluntary return shall not exceed 60 days from the date of giving by the foreigner and stateless person of the statement for voluntary return.

5. The foreigner and the stateless person which intends to return voluntarily or his legal representative personally submits to territorial authority of GMS the written application.

6. Official of territorial authority of GMS:

registers the statement;

conducts survey of the foreigner and stateless person, finds out circumstances of stay them in Ukraine;

performs dactyloscopy and photography;

draws up the questionnaire of the established sample;

provides provision to the applicant of translation service.

7. Foreigners and stateless persons which submitted applications are considered by territorial authorities of GMS according to the procedure established by the Ministry of Internal Affairs with use of the available systems of accounting of foreigners and stateless persons.

8. During consideration of the application the territorial authority of GMS makes to the relevant state bodies written requests on check of the foreigner and the person without citizenship concerning availability of circumstances under which it does not resolve departure of the foreigner and the stateless person or is temporarily postponed.

9. About results of consideration of request the relevant state body within two working days after its receipt sends the written message to territorial authority of GMS.

10. The territorial authority of GMS within ten working days from the moment of receipt considers applications it and makes reasoned decision on voluntary return or on refusal in voluntary return of the foreigner and stateless person.

11. During decision making about voluntary return of the foreigner and stateless person which did not reach eighteen-year age the territorial authority of GMS finds out to whom in case of voluntary return such person returns - to one of family members or the guardian who are in country of source or the third country.

12. The decision on refusal in voluntary return is made concerning foreigners and stateless persons:

to which according to the law the decision concerning prohibition of departure out of limits of Ukraine is made;

which are condemned for crime execution, - before the termination of term of serving sentence or release from punishment;

if their departure out of limits of Ukraine contradicts interests of ensuring national security, - before the termination of circumstances which interfere with departure;

which departure is by a court decision temporarily postponed until accomplishment of property obligations to physical persons and legal entities by them in Ukraine if another is not provided by international treaties of Ukraine.

13. The territorial authority of GMS reports about the made decision to the foreigner and the stateless person.

14. In case of decision making about voluntary return of the foreigner and stateless person the territorial authority of GMS together with the international and/or public organizations determines the international and/or public organization which will promote their voluntary return within two working days.

15. Territorial authorities of GMS can make inquiries in the central executive bodies, their territorial authorities, the local state administrations for the purpose of identification of foreigners and stateless persons and providing them with travel documents.

16. In case of refusal to the foreigner and the stateless person in voluntary return the territorial authority of GMS makes the relevant decision.

17. The decision of territorial authority of GMS on refusal in voluntary return can be appealed by the foreigner and the stateless person in the procedure established by the legislation.

18. In case of decision making about voluntary return of the foreigner and stateless person the territorial authority of GMS instantly issues the certificate of face which voluntarily returns, on sample according to appendix. The specified reference is the basis for temporary stay of the foreigner and the person without citizenship in the territory of Ukraine for up to completion of the procedure of voluntary return.

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