RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 27, 2013 No. 437

Questions of issue, prolongation of action and cancellation of permission to application of work of foreigners and stateless persons

According to part three of article 42 of the Law of Ukraine "About employment of the population" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for issue, prolongation of action and cancellation of permission to application of work of foreigners and stateless persons which is applied.

2. Determine that the amount of payment for issue of permission to application of work of foreigners and persons without citizenship constitutes four minimum wages which is enlisted in the budget of Fund of obligatory national social insurance of Ukraine on unemployment case.

The payment for issue of permission to application of work of foreigners and persons without citizenship is not levied for:

persons on whom the decision on document creation for the solution of question of provision of the status of the refugee or person needing additional protection is made;

persons who filed documents for prolongation of action of permission.

3. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 27, 2013, No. 437

Procedure for issue, prolongation of action and cancellation of permission to application of work of foreigners and stateless persons

1. This Procedure determines the procedure of issue, prolongation of action and cancellation of permission to application of work of foreigners and stateless persons, including on the terms of combining jobs (further - permission)

2. Territorial authorities of Public service of employment in the Autonomous Republic of Crimea, areas, Kiev and Sevastopol (further - territorial authorities) issue on legal address of the company, organization, organization (further - the employer) permissions to application on specific positions of work:

foreigners or stateless persons provided that in Ukraine (region) there are no skilled workers capable to carry out the corresponding work type;

foreigners or stateless persons on condition of sufficient reasons for feasibility of application of their work if another is not provided by international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine;

the foreigners sent by the foreign employer to Ukraine for accomplishment of certain amount of works (services) based on the agreement (contract) signed between domestic and foreign subjects of managing provided that the percent of the skilled foreigners attracted within this agreement (contract) does not exceed half of total number of persons working at terms of the contract (contract);

foreigners who according to the schedule of specific obligations in service sector of the Protocol on the entry of Ukraine into the WTO (article II of the General agreement about trade in services) belong to category "internal cessionaries";

foreigners or stateless persons concerning which the decision on document creation for the solution of question concerning recognition by the refugee or person who needs additional protection is made.

3. Action of this Procedure does not extend to employment of the foreigners and stateless persons specified in part six of article 42 of the Law of Ukraine "About employment of the population".

4. Application of work of foreigners and stateless persons is reasonable and rather reasonable in case the foreigner or the stateless person:

applies for holding the post of the head, deputy manager or other executive position provided that such foreigner or the stateless person is founder or the member of the company, organization, organization;

applies for holding the post which provides creation of objects of copyright and (or) the related rights as the fundamental labor obligation;

applies for occupation at the subject of the industry of program products of position of the head or position which name is determined according to codes of professions 2131.2, 2132.2, 3121, of groups of companies specified in the Section 2 "Professionals" and the Section 3 "Specialists" of the National qualifier of Ukraine 003:2010 "The qualifier of professions";

has the diploma about the higher education of one of the educational institutions carried to the first hundred in one of the following world rankings:

Times Higher Education on the corresponding category of profession;

The academician Renking ov Vold Yuniversitiz prepared by the Center of universities of world class under the Shanghai university of Academic Ranking of World Universities by the Center for World-Class Universities at Shanghai Jiao Tong University;

Kyyues Vold Yuniversiti Renkingz QS World University Rankings by Faculty;

Vebometriks Ranking ov Webometrics Ranking of World Universities.

In case of decision making about issue of permission the rating of the current, last year before last is applied.

5. For receipt of permission to application of work of foreigners and stateless persons which grants the right to the employer during certain term to apply work of the foreigners and stateless persons specified in the paragraph the second Item 2 presents of the Procedure the employer not later than 15 calendar days before date of the address for receipt of permission submits to territorial authority information on labor demand (vacancy). Based on the specified information assistance in employment of citizens of Ukraine is performed.

6. For receipt of permission to application of work of foreigners or stateless persons, except persons specified in paragraph six of Item 2 of this Procedure, the employer gives to territorial authority:

the statement according to appendix to this Procedure;

copies of education documents or qualification of the foreigner or stateless person;

copies of pages of the passport document of the foreigner or the stateless person with personal data together with the translation into Ukrainian certified in the procedure established by the legislation;

two color photographs of the foreigner or stateless person 3,5 x 4,5 size of centimeter;

the document issued by treatment-and-prophylactic institution that person not painfully chronic alcoholism, toxicomania, drug addiction or other infectious diseases which list is determined by MZ;

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