ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of August 10, 2016 No. 772

About approval of the Instruction about operations procedure of officials of the State Border Service of Ukraine and interaction with territorial authorities of the Public migratory service of Ukraine in case of the address of foreigners or stateless persons with statements for recognition by refugees or persons who need additional protection

According to Item 12 of article 19 of the Law of Ukraine "About the State Border Service of Ukraine", "About the refugees and persons needing additional or temporary protection" article 15 of the Law of Ukraine "About the central executive bodies" I order to Article 5 and part one of article 29 of the Law of Ukraine:

1. Approve the Instruction about operations procedure of officials of the State Border Service of Ukraine and interaction with territorial authorities of the Public migratory service of Ukraine in case of the address of foreigners or stateless persons with statements for recognition by refugees or persons who need additional protection which is applied.

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

4. To impose control over the implementation of this order on deputy chairmen of the State Border Service of Ukraine and the Public migratory service of Ukraine according to distribution of obligations.

Approved by the Order of the Ministry of Internal Affairs of Ukraine of August 10, 2016 No. 772

The instruction about operations procedure of officials of the State Border Service of Ukraine and interaction with territorial authorities of the Public migratory service of Ukraine in case of the address of foreigners or stateless persons with statements for recognition by refugees or persons who need additional protection

I. General provisions

1. This Instruction is developed according to Item 12 of article 19 of the Law of Ukraine "About the State Border Service of Ukraine", Article 5 and part one of article 29 of the Law of Ukraine "About the refugees and persons needing additional or temporary protection" article 6 of the Law of Ukraine "About legal status of foreigners and stateless persons" and determines operations procedure of officials of bodies and divisions of protection of frontier (Sea protection) in case of the address of foreigners or stateless persons with statements for recognition by refugees or persons who need additional protection, and also procedure for further interaction with territorial authorities of GMS.

2. The terms used in this Instruction have the following values:

the statement for protection - the oral or written address of the foreigner or stateless person about recognition by the refugee or person who needs additional protection;

the seeker of protection - the foreigner or the stateless person which files petition for recognition by the refugee or person who needs additional protection.

3. The obligation of adoption of statements for protection is within the competence of officials of bodies (divisions) of protection of frontier (Sea protection) which directly carry out tasks on protection of frontier of Ukraine, of the sovereign rights of Ukraine in its exclusive (sea) economic zone or participate in repulse and control of the armed aggression against Ukraine during its carrying out.

In case of the address the detained persons who are in places of temporary content of bodies (divisions) of protection of frontier with statements for protection their acceptance is performed by officials who are allowed to protection and convoy (maintenance) of the detained persons according to Item 2 of the Section II of the Instruction on procedure for content of the detained persons in bodies (divisions) of protection of the frontier approved by the order of the Ministry of Internal Affairs of Ukraine of March 30, 2015 No. 352, registered in the Ministry of Justice of Ukraine on April 23, 2015 for No. 462/26907.

Bodies of State frontier service do not adopt the statement for protection against persons:

on which the authorized body makes the decision on prohibition of entry into Ukraine;

accepted to Ukraine according to international treaties on readmission;

which address for protection during crossing of frontier of Ukraine directly from the territory of the state in which her life or freedom are not threatened by danger, and also during action of warlike situation in Ukraine, either in case of attempt or after illegal crossing of frontier by it on departure from Ukraine to other states.

4. Officials of State frontier service in case of the request of person for protection in the cases determined by this Instruction provide to such person the application blank about recognition by the refugee or person who needs the additional protection approved by the order of the Ministry of Internal Affairs of Ukraine of September 7, 2011 No. 649, registered in the Ministry of Justice of Ukraine on October 5, 2011 on No. 1146/19884.

In the written application about protection, except the reason of the request for protection, the following data are also specified: surname, name and in the presence the applicant's middle name, passport details or other identity document (in case of its absence - the reasons and circumstances because of which it was lost are specified), nationality / citizenship, the country of permanent residence, the place, time and method of crossing of frontier of Ukraine, the information about members of the family of the applicant, date of its creation. This application is signed by the applicant or his legal representative, the translator (in case of attraction).

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