ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of February 29, 2016 No. 141

About approval of the Instruction about procedure for content of foreigners and stateless persons in Items of temporary stay of foreigners and stateless persons which illegally are in Ukraine

According to requirements of the paragraph of third Item 3 of the Section IV "Final provisions" of the Law of Ukraine "About legal status of foreigners and stateless persons" and Standard regulations on Item of temporary stay of foreigners and stateless persons which illegally are in Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of July 17, 2003 No. 1110 (in edition of the resolution of the Cabinet of Ministers of Ukraine of February 8, 2012 No. 70), for the purpose of normative legal regulation of operations procedure of officials of Item of temporary stay of foreigners and stateless persons which illegally are in Ukraine, territorial authorities and territorial subdivisions of the Public migratory service of Ukraine, bodies of protection of frontier concerning accommodation of foreigners and stateless persons in Item of temporary stay of foreigners and stateless persons which illegally are in Ukraine, their contents, identification, exclusion, and also release from Item of temporary stay of foreigners and stateless persons which illegally are in Ukraine, I order:

1. Approve the Instruction about procedure for content of foreigners and stateless persons in Items of temporary stay of foreigners and stateless persons which illegally are in Ukraine.

2. To department of forming of policy for authorities under control to the Minister and monitoring of the Ministry of Internal Affairs (Bodnar V. E.) provide submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

3. Declare invalid the order of the Ministry of Internal Affairs of Ukraine of October 16, 2007 No. 390 "About approval of the Regulations on Item of temporary stay of foreigners and persons without citizenship who illegally are in Ukraine", registered in the Ministry of Justice of Ukraine on November 14, 2007 for No. 1268/14535.

4. This order becomes effective from the date of its official publication.

5. To impose control over the implementation of this order on the Chairman of the Public migratory service of Ukraine Sokolyuk M. Yu.

Approved by the Order of the Ministry of Internal Affairs of Ukraine of February 29, 2016 No. 141

The instruction about procedure for content of foreigners and stateless persons in Items of temporary stay of foreigners and stateless persons which illegally are in Ukraine

I. General provisions

1. This Instruction regulates procedure for content of foreigners and stateless persons in Items of temporary stay of foreigners and stateless persons which illegally are in Ukraine (further - PVPI), and determines operations procedure of officials of PVPI, territorial authorities and divisions of the Public migratory service of Ukraine, bodies of protection of frontier in case of accommodation of foreigners and stateless persons in PVPI, their content, transfer and release with PVPI.

2. Control of activities of PVPI is exercised by the relevant structural division of GMS.

3. Control of sanitary condition of PVPI is provided by sanitarnoprofilaktichesky organizations of the Ministry of Internal Affairs of Ukraine in the Volynsk, Nikolaev and Chernihiv regions.

II. Operations procedure of officials of PVPI, territorial authorities and divisions of GMS, bodies of protection of frontier in case of accommodation of foreigners and stateless persons in PVPI

1. Foreigners and stateless persons accommodate in PVPI based on the decision on the room in Item of temporary stay of foreigners and stateless persons which illegally are in Ukraine which form is given in the Instruction about forced return and exclusion from Ukraine of foreigners and persons without citizenship approved by the 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, of Ukraine registered in the Ministry of Justice on May 21, 2012 on No. 806/21119, accepted by territorial authority or the GMS territorial subdivision or body of protection of frontier (further - the interested body.

2. In case of accommodation of person in PVPI officials of PTPI and the interested body draw up the statement of acceptance transfer of the foreigner or stateless person (appendix 1) in duplicate.

One copy of the act is issued to the representative of the interested body, another joins the personal record of person placed in PVPI.

The personal record is drawn up on each person placed in PVPI and stored in PVPI within 15 years from the date of release of person from PVPI or transfer to the interested body for implementation of exclusion or transfer according to international treaties of Ukraine on readmission then is liable to destruction.

All documents which became the basis for accommodation of the foreigner or the person without citizenship in PVPI, prolongation of term of content, release or transfer for exclusion out of limits of the territory of Ukraine, and also other documents determined by this Instruction join the personal record.

In operating time with personal records PVPI provides compliance with law of Ukraine "About personal data protection".

Modification of accounting documentation and attaching of documents to the personal record are performed no later than the next working day from the date of receipt of information (documents).

Personal records on persons placed in PVPI are stored in the strangers covered metal cases with limited access.

In case of the translation of person to other PTPI to it the personal record of person is submitted.

3. The copy of the protocol on administrative detention joins the decision on the placement to PTPI made in the procedure established by the legislation by the authorized person of the interested body, in case of creation - the protocol of personal inspection, examination of things and the protocol of withdrawal of things and documents, identity documents of the foreigner or stateless person (in the presence), the certificate of passing by the foreigner or the person without citizenship of physical examination according to the Order of interaction of healthcare institutions, territorial authorities and organizations of the public migratory service, State Border Service and public service of employment for the organization of delivery of health care for tuberculosis to foreigners and stateless persons which are in Ukraine, the approved order of the Ministry of Health of Ukraine, the Ministry of Internal Affairs of Ukraine, The ministries of social policy of Ukraine of February 2, 2015 No. 41/119/95, registered in the Ministry of Justice of Ukraine on February 19, 2015 for No. 194/26639.

In case of the placement of person to PTPI the copy of the relevant decision joins the decision of the interested body on the room (resolutions, determinations) administrative court).

If person is accepted on the territory of Ukraine according to the procedure of accomplishment of international treaties of Ukraine on readmission, the copy of the delivery-acceptance certificate of person is attached to the decision.

Information on the foreigners and persons without citizenship placed in PTPI is introduced in subsystem of departmental information system GMS by authorized employees of PTPI and way of electronic interaction and exchange of data with the interested bodies, and also in the relevant magazines which forms are given in appendices 4, of 5, 8-13, 15, 17-19 to this Instruction.

Maintaining magazines in PTPI is performed in paper form or electronically (if technically possible).

4. The interested body before accommodation of foreigners and notifies persons without citizenship in PVPI no later than days before the planned placement about it administration of PVPI and directs on fax or electronic communication of the copy of the materials specified in Items 1, 3 it undressed.

In PTPI of the planned placement detained by territorial authority or division of VHI for identification of the violator and clarification of circumstances of offense territorial authority or the VHI territorial subdivision in day reports administration of PTPI about placement and sends to fax or electronic communication of the copy of the materials specified in paragraph one of Item 3 of this Section.

5. The director of PVPI or person fulfilling its duties considers materials in day of their receipt, approves or in writing and reasonably refuses accommodation of person in PVPI and notifies the interested body on means of electronic communication on the decision.

In case of intake of materials on placement in PTPI of the foreigner or stateless person for identification of the violator and clarification of circumstances of offense the territorial authority or the VHI territorial subdivision is reported to PTPI instantly the same day.

6. PVPI can refuse accommodation of foreigners and stateless persons in case of lack of the materials determined in Items 1, 3 it undressed, empty seats and in case of identification at foreigners and stateless persons of the infectious diseases incompatible for joint stay with other persons who contain in PVPI, during performing medical examination that is provided by subitem 6 of the Section V of this Instruction.

7. In case of detection of infectious diseases foreigners and stateless persons are brought by the interested body for treatment to healthcare institutions in the procedure established by the legislation.

8. In case of lack of empty seats the administration of PVPI informs the relevant structural division of GMS which instantly in writing notifies Administration of State frontier service of Ukraine.

9. Children of foreigners or stateless persons on whom the administrative court makes the decision on their detention, or detained by territorial authority or the GMS territorial subdivision for terms and according to the procedure stipulated by the legislation, accommodate in PTPI together with parents, and in case of absence of parents - with close relatives.

10. The children of foreigners and stateless persons separated from family are not subject to placement in PVPI, and go to shelter for children of service for children.

11. PTPI accepts, transfers and exempts foreigners and persons without citizenship round the clock, including during week-end, festive and non-working days.

12. The term of accommodation of foreigners and stateless persons in PTPI constitutes six months from the date of the actual detention of person.

In case of impossibility of identification of the foreigner or the stateless person, ensuring exclusion or transfer according to international treaties of Ukraine on readmission of person in the specified time or decision makings according to the statement for recognition by his refugee or person needing additional protection in Ukraine or the stateless person, the term of accommodation of foreigners and stateless persons in PTPI can be prolonged for six months.

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