LAW OF UKRAINE

of February 4, 2016 No. 991-VIII

About introduction of amendments to the Code of administrative legal proceedings of Ukraine concerning consideration by courts of claims for exclusion or on detention for the purpose of identification and ensuring exclusion of foreigners and stateless persons or ensuring transfer of foreigners and stateless persons according to international treaties of Ukraine on readmission

The Verkhovna Rada of Ukraine decides:

I. Bring in the Code of administrative legal proceedings of Ukraine (Sheets of the Verkhovna Rada of Ukraine, 2005, Art. No. No. 35-37, 446) the following changes:

1. 6 parts one of Article 18 to state Item in the following edition:

"6) administrative cases relatively:

forced return of foreigners or stateless persons to country of source or third country;

exclusion of foreigners or stateless persons from Ukraine;

detentions for the purpose of identification and ensuring exclusion of the foreigners or stateless persons who are subject to exclusion from Ukraine;

detentions for the purpose of identification and ensuring transfer of foreigners or stateless persons according to international treaties of Ukraine on readmission".

2. The first and second Article 183-5 to state parts in the following edition:

"1. Actions for declaration of foreigners or stateless persons concerning appeal of decisions on their forced return to country of source or the third country, and also actions for declaration of the central executive body providing realization of state policy in the field of migration of bodies of protection of frontier or the Security Service of Ukraine about decision making about exclusion of foreigners or stateless persons from Ukraine or on detention for the purpose of identification and ensuring exclusion of the foreigners or stateless persons who are subject to exclusion or for the purpose of identification and ensuring transfer of foreigners or stateless persons according to international treaties of Ukraine on readmission move in administrative court on the location of the central executive body providing realization of state policy in the field of migration body of protection of frontier or the Security Service of Ukraine or on the location of Item of temporary stay of the foreigners or stateless persons who illegally are in the territory of Ukraine.

2. The administrative cases provided by part one of this Article are considered by court in five-day time from the date of receipt of the action for declaration, except cases on detention which the court considers instantly, but no later than three-day term from the date of receipt of the action for declaration".

3. 5 parts two of Article 256 to state Item in the following edition:

"5) about exclusion of the foreigner or stateless person from Ukraine and about detention for the purpose of identification and ensuring exclusion of the foreigners or stateless persons who are subject to exclusion or for the purpose of identification and ensuring transfer of foreigners and stateless persons according to international treaties of Ukraine on readmission".

II. Final provisions

1. This Law becomes effective from the date of, its publication following behind day.

2. To the Cabinet of Ministers of Ukraine in three-months time from the date of entry into force of this Law:

bring the regulatory legal acts into accord with this Law;

provide reduction by the ministries and other central executive bodies of their regulatory legal acts in compliance with this Law.

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