of April 17, 2014 No. 1223-VII
About recovery of the rights of persons deported on national sign
This Law determines the status of persons deported on national sign, establishes guarantees of the state on recovery of their rights, the principles of state policy and power of public authorities, local government bodies on recovery of the rights of these persons.
In this Law terms are used in such value:
deportation - forced relocation of the people, ethnic minorities and persons on national sign from places of their permanent residence based on the decisions made by public authorities of the former USSR or federal republics;
compensation - compensation by the state to the deported person of the material damage caused as a result of deportation.
The legislation in the sphere of recovery of the rights of the deported persons consists of the Constitution of Ukraine, the Law of Ukraine "About recovery of victims of repressions of communist totalitarian regime of 1917-1991", this Law, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, other laws of Ukraine and regulatory legal acts adopted on their accomplishment.
Ukraine recognizes deportation of the people, ethnic minorities and persons from places of permanent residence based on the decisions made by public authorities of the former USSR or federal republics as the illegal and criminal acts made against them and are determined by recovery of the rights of citizens of Ukraine from among the deported persons one of the priority directions of political, social and economic, cultural and spiritual development of society.
Ukraine recognizes acts of public authorities of the former USSR on rehabilitation of the deported persons who are violently moved from places of permanent residence, and recovery of their rights.
State policy is determined by the Verkhovna Rada of Ukraine according to the Constitution of Ukraine by recovery of the rights of the deported persons and provided with public authorities and local government bodies.
The state promotes voluntary return to Ukraine, adaptations and integration into the Ukrainian society of the deported persons, creates conditions for their arrangement, providing with the earth, housing, employments, educations, preserving and developments of ethnic, cultural, language and religious originality.
The state provides the right of the deported persons to return of historical names of settlements which were renamed into times of the USSR in connection with deportation implementation.
In case of realization of guarantees to the deported persons the rights and legitimate interests of the citizens living in the corresponding territories shall not be infringed.
For the purposes of this Law the deported person person who acquired citizenship of Ukraine is recognized and belong to:
to faces of the Crimean Tatar people, representatives of other nationalities (citizens of the former USSR) who were violently moved on national sign on the special settlement according to the decision of public authorities of the former USSR or federal republics from places of permanent residence which is the territory of modern Ukraine;
to persons (citizens of the former USSR) who were compulsorily directed to the special settlement to members of the families after the termination of military service, return from evacuation, departure of forced labor, punishment, etc.;
to persons (citizens of the former USSR) who at the time of deportation were outside places of permanent residence (on military service, in evacuation, on forced labor, in places of detention, etc.), but on whom restrictions of the rights and freedoms on national sign, including prohibition on return and accommodation were widespread in places of permanent residence subsequently;
to persons who were born in families of the deported persons until their return to places of permanent residence, but no later than entry into force of this Law.
The procedure for recovery of the rights of other categories of persons which underwent to forced relocation can be established by the separate laws of Ukraine.
Provisions and deprivations of the status of the deported person it is performed by the central executive body providing realization of state policy in the sphere of recovery of the rights of the deported persons, according to the procedure, established by the Cabinet of Ministers of Ukraine.
The fact of deportation of person is confirmed by the corresponding reference or other documents issued by competent authorities of Ukraine, other states - the former republics of the USSR.
In case of lack of the specified documents the fact of deportation of person is determined judicially according to the statement of the interested person.
Preparation of the documents necessary for factual determination of deportation of person is assigned to authorized body. In the presence at person of necessary documents for deportation factual determination it represents them to authorized body together with the statement.
The term of consideration of the application by authorized body cannot exceed three months.
In case of decision making about provision to it the certificate which sample affirms the Cabinet of Ministers of Ukraine is issued to the applicant of the status of the deported person.
For certification and implementation of actions for deportation factual determination the payment is not levied from faces.
In case of decision making about refusal in provision of the status of the deported person the central executive body providing realization of state policy in the sphere of recovery of the rights of the deported persons in writing notifies on it the applicant with indication of cause of failure.
The decision on refusal in issue of the certificate can be appealed judicially.
Person can be deprived of the status deported in case:
acquisitions of nationality of other state;
disposals on the permanent residence out of limits of Ukraine;
provision of false data based on which the status of deported was provided to it.
The deported person according to the procedure, established by the law, has the right to free legal assistance on the questions connected with provision of the status of the deported person, and other questions connected with deportation.
If person consciously provided the false information based on which the status of the deported person was provided to it, the relevant decision is cancelled, and the perpetrator bears responsibility in the procedure established by the law.
Person deprived of the status of the deported person shall return all compensation payments provided to it according to this Law.
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