ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE, ADMINISTRATION OF THE STATE BORDER SERVICE OF UKRAINE, SECURITY SERVICE OF UKRAINE

of April 23, 2012 No. 353/271/150

About approval of the Instruction about forced return and exclusion from Ukraine of foreigners and persons without citizenship

In pursuance of requirements of the Law of Ukraine "About legal status of foreigners and stateless persons", for the purpose of ordering of work on forced return and exclusion of foreigners and stateless persons of PRIKAZYVAYEM:

1. Approve the Instruction about forced return and exclusion from Ukraine of foreigners and persons without citizenship which is applied.

2. (Kovalyov V. M.) to provide to department of immigration work of the Public migratory service of Ukraine provision of this order on state registration in the Ministry of Justice in accordance with the established procedure.

3. Send the order on accessory.

4. To impose control over the implementation of this order on deputy chairmen of the Public migratory service, State Border Service and Security service, according to functional obligations.

5. This order becomes effective from the date of its publication.

Approved by the Order of the Ministry of Internal Affairs of Ukraine, Administration of the State Border Service of Ukraine, the Security Service of Ukraine of April 23, 2012 No. 353/271/150

The instruction about forced return and exclusion from Ukraine of foreigners and persons without citizenship

I. General provisions

1. This Instruction determines operations procedure of officials of the Public migratory service of Ukraine, its territorial authorities and territorial subdivisions (further - bodies of GMS), bodies of protection of frontier and bodies of the Security Service of Ukraine (further - the SSU) in case of decision making about forced return and exclusion of foreigners and stateless persons (further - foreigners), their identification and taking measures of rather direct forced return, the room in Item of temporary stay of foreigners and stateless persons which illegally in are in Ukraine (further - PVPI), and also in case of decision making about prolongation of term of detention.

2. In this Instruction the terms "forced return" and "exclusion" mean system of the administrative legal measures directed to compulsion of the foreigners who illegally are in Ukraine to leave the territory of Ukraine contrary to their will and desire.

3. Action of this Instruction extends to officials of territorial authorities, GMS territorial subdivisions, bodies of protection of frontier, bodies of the SSU and foreigners who are subject to forced return or exclusion in the cases provided by the Law of Ukraine "About legal status of foreigners and stateless persons".

4. Foreigners can be compulsorily returned in country of source or the third country based on the decision of body of GMS or body of protection of frontier or body of the SSU on forced return or are compulsorily expelled based on the decree of administrative court on exclusion issued in the claim of these bodies / divisions.

5. The bases for decision making about forced return of foreigners to country of source or the third country are:

the actions violating the law of Ukraine on legal status of foreigners and persons without citizenship;

the actions contradicting interests of ensuring national security of Ukraine or protection of public order;

if it is necessary for health protection, protection of the rights and legitimate interests of citizens of Ukraine;

detention of foreigners by bodies of protection of frontier within controlled frontier areas in attempt or after illegal crossing of frontier of Ukraine.

6. Forced return on the bases, stipulated in Item 5 these Sections, is performed according to the decision of bodies of GMS, body of protection of frontier (concerning the foreigners detained by them within controlled frontier areas in attempt or after illegal crossing of frontier of Ukraine), body of the SSU with the subsequent notification within 24 hours of the prosecutor on the bases of adoption of such decision, execution of the relevant documents, bringing this decision to the foreigner and capture of the obligation from it about voluntary departure from Ukraine in the time specified in the decision, and also implementation of the subsequent control of the actual execution by the foreigner of this decision.

7. The bases for submission of the claim for exclusion of foreigners are:

failure to carry out by the foreigner at the scheduled time without valid excuse decisions on forced return;

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