LAW OF UKRAINE

of March 4, 2004 No. 1582-IV

About foreign Ukrainians

The Ukrainian state promotes development of national consciousness of the Ukrainians living outside Ukraine, to strengthening of ties with the homeland and to their return to Ukraine. According to article 12 of the Constitution of Ukraine the state shows care of satisfaction of national and cultural and language needs of the Ukrainians living beyond its limits.

Article 1. Determination of terms

The foreign Ukrainian is the person who is the citizen of other state or the stateless person, and also having the Ukrainian ethnic origin or having origin from Ukraine;

the Ukrainian ethnic origin is belonging of person or his ancestors to the Ukrainian nation and recognition by it of Ukraine the homeland of the ethnic origin.

Term "the Ukrainian national identity" is used in this Law in the value given in the Law of Ukraine "About the basic principles of state policy in the sphere of approval of the Ukrainian national and civil identity".

Article 1-1. Legislation on foreign Ukrainians

The relations in the sphere of cooperation with foreign Ukrainians are governed by the Constitution of Ukraine, this Law, other regulatory legal acts, and also international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

Article 1-2. Basic principles of cooperation with foreign Ukrainians

The basic principles of cooperation with foreign Ukrainians are:

1) recognition of inherence and accessory to each person from the birth of basic rights and freedoms of man and citizen;

2) problem resolution of formation and consolidation of the Ukrainian nation;

3) obligation of satisfaction of national and cultural and language needs of foreign Ukrainians;

4) mutual enrichment by property of spiritual and material culture;

5) interaction with other states in the sphere of providing the rights and freedoms of foreign Ukrainians on the principles of obligation of respect for the conventional principles and rules of international law, in particular non-interference to internal affairs of other states;

6) parity in providing with foreign states and Ukraine of the rights and needs of foreign Ukrainians and ethnic minorities of Ukraine.

The realization of state policy of Ukraine in the sphere of cooperation with foreign Ukrainians is enabled by the central executive body concerning cooperation with foreign Ukrainians.

Article 2. National commission on questions of foreign Ukrainians

The national commission on questions of foreign Ukrainians (further the National commission) is created under the Cabinet of Ministers of Ukraine.

Representatives of the central executive bodies, People's Deputies of Ukraine (from consent), representatives of Administration of the President of Ukraine, and also public organizations which are sponsored by questions of foreign Ukrainians, with the right of advisory vote are part of the National commission.

The national commission makes the decision on provision, refusal or the termination of the status of the foreign Ukrainian.

Applications for receipt of the status of the foreign Ukrainian are submitted to foreign diplomatic organizations of Ukraine or is direct in the Ministry of Foreign Affairs of Ukraine.

The national commission considers applications on receipt of the status of the foreign Ukrainian for up to 90 days from the date of registration of a statement in the National commission and makes the decision on provision or refusal in provision of such status.

In case of the positive decision on provision of the status of the foreign Ukrainian the National commission issues to person the certificate of the established sample which affirms the Cabinet of Ministers of Ukraine.

In case of refusal in provision of the status of the foreign Ukrainian the copy of the relevant decision of the National commission is issued to person. In that case behind person there is right of the repeated address about provision of the status of the foreign Ukrainian to the National commission.

The part eight of Article 2 is excluded according to the Law of Ukraine of 09.02.2012 No. 4381-VI

Article 3. Conditions of provision of the status of the foreign Ukrainian

Provision conditions to person of the status of the foreign Ukrainian are:

1) Ukrainian national identity;

2) the Ukrainian ethnic origin or origin from Ukraine;

3) the written address about desire to have the status of the foreign Ukrainian;

4) achievement of 16-year age by person;

5) lack of citizenship of Ukraine.

The Ukrainian ethnic origin or origin from Ukraine the applicant supports by the relevant documents or certificates of citizens of Ukraine, foreign Ukrainians or public organizations of foreign Ukrainians.

Article 4. Procedure for provision of the status of the foreign Ukrainian

Person wishing to acquire the status of the foreign Ukrainian submits the written application about provision of the status of the foreign Ukrainian: in the territory of Ukraine - in the Ministry of Foreign Affairs of Ukraine, and abroad - in diplomatic organizations of Ukraine in the form established by the Cabinet of Ministers of Ukraine.

Are enclosed to the application for provision of the status of the foreign Ukrainian:

1) the passport document or the document replacing it;

2) the documents or certificates confirming the Ukrainian ethnic origin or origin from Ukraine according to part two of article 3 of this Law.

The characteristic petition of public organization of the foreign Ukrainian which member is the applicant can be attached to documents.

The part four of Article 4 is excluded according to the Law of Ukraine of 09.02.2012 No. 4381-VI

Article 5. Certificate of the foreign Ukrainian

The certificate of the foreign Ukrainian is the document which certifies this status, but does not replace the passport.

As a witness the foreign Ukrainian the following data are entered together with the photo:

1) surname and name or names;

2) birth date and birth place;

3) nationality or availability of the status of the stateless person;

4) country of permanent residence.

Data as a witness of the foreign Ukrainian are entered in Ukrainian.

It is forbidden enter as a witness the foreign Ukrainian the data which are not provided by this Article.

The part five of Article 5 is excluded according to the Law of Ukraine of 09.02.2012 No. 4381-VI

The certificate of the foreign Ukrainian is issued for 10 years with its further re-registration.

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