It is registered
Ministry of Justice of Ukraine
August 5, 2015
No. 944/27389
of July 20, 2015 No. 884
About approval of the Procedure for calculation of term of temporary stay in Ukraine of the foreigners who are citizens of the states with visa-free procedure for entrance
According to the subitem 2 of Item 2 of the Procedure for prolongation of term of stay and prolongation or reducing term of the temporary stay of foreigners and stateless persons in the territory of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of February 15, 2012 No. 150, I order:
1. Approve the Procedure for calculation of term of temporary stay in Ukraine of the foreigners who are citizens of the states with visa-free procedure for entrance which is applied.
2. To provide to department of legal providing the Ministry of Internal Affairs (D.V.'s Gorbas) submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.
3. This order becomes effective from the date of its official publication.
4. I reserve control over the implementation of this order.
Minister
A. B. Avakov
Approved by the Order of the Ministry of Internal Affairs of Ukraine of July 20, 2015, No. 884
1. Citizens of the states with visa-free procedure for entrance can temporarily be in the territory of Ukraine no more than 90 days within 180 days if other term is not determined by international treaties of Ukraine.
2. Calculation permited the foreigner who is citizen of the state with visa-free procedure for entrance (further - the foreigner), stay term in the territory of Ukraine officials of the State Border Service of Ukraine (further - State frontier services) and the Public migratory service of Ukraine (further - GMS) within the powers determined by the legislation of Ukraine perform.
3. In case of entrance of the foreigner on the territory of Ukraine calculation of the term of stay permited it performs the official of State frontier service at the check point (control Item) through frontier of Ukraine by assignment from the date of the actual entrance 180 days ago. The foreigner did not break the specified term if within this 180-day period it was in the territory of Ukraine no more than 90 days.
If when implementing border control excess by the foreigner of the stay term permited it was revealed, the decision on refusal in the crossing of frontier of Ukraine on entry into Ukraine according to the procedure established by part one of article 14 of the Law of Ukraine "About border control" is made.
4. During stay in the territory of Ukraine calculation of the term of stay permited the foreigner is performed by officials of GMS by assignment 180 days ago from the date of control (day on which it is necessary to determine legality of stay of the foreigner in the territory of Ukraine). The foreigner did not break the specified term if within this 180-day period it was in the territory of Ukraine no more than 90 days.
In case of identification of excess by the foreigner of the stay term permited it in the territory of Ukraine the official of GMS acts according to the Instruction for registration of materials about administrative offenses by the Public migratory service of Ukraine approved by the order of the Ministry of Internal Affairs of August 28, 2013 No. 825, of Ukraine registered in the Ministry of Justice on September 25, 2013 for No. 1654/24186.
5. During departure of the foreigner from the territory of Ukraine the official of State frontier service checks whether it exceeded stay term in the territory of Ukraine, by assignment from the date of the actual departure 180 days ago. The foreigner did not break the specified term if within this 180-day period it was in the territory of Ukraine no more than 90 days.
In case of identification of excess by the foreigner of the stay term permited it in the territory of Ukraine the official of State frontier service acts according to the Instruction for registration by officials of the State Border Service of Ukraine of materials of cases on administrative offenses approved by the order of the Ministry of Internal Affairs of September 18, 2013 No. 898, of Ukraine registered in the Ministry of Justice on October 9, 2013 at No. 1729/24261.
6. The actions of officials of GMS and State frontier service determined by this Procedure can be appealed in relevant organ of the highest level or in court in the procedure established by the legislation.
Head of the department of legal providing Ministry of Internal Affairs militia colonel
D.V.Gorbas
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