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LAW OF UKRAINE

of January 21, 1994 No. 3857-XII

About procedure for departure from Ukraine and entry into Ukraine of citizens of Ukraine

(as amended on 30-11-2021)

This Law regulates procedure of the right of citizens of Ukraine to departure from Ukraine and entry into Ukraine, procedure for document creation for foreign trips, determines cases of temporary restriction of the right of citizens to departure from Ukraine and establishes procedure for resolution of disputes in this sphere.

Article 1. Right of citizens of Ukraine to departure from Ukraine and entry into Ukraine

The citizen of Ukraine has the right to leave Ukraine, except the cases provided by this Law and to drive to Ukraine.

On the citizens of Ukraine who addressed with the petition for departure from Ukraine, all provisions of the current legislation extend, they have all rights and perform the duties established by the law. For citizens of Ukraine the property, means, securities and other values belonging to them on the right of private property remain in its territory. Any restriction of their civil, political, social, economic and other laws is not allowed.

The procedure for entrance to foreign state is regulated by the legislation of the relevant state.

The citizen of Ukraine on any bases it cannot be limited in the right to entry into Ukraine.

Article 2. The documents granting the right to the citizen of Ukraine on departure from Ukraine and entry into Ukraine

The documents granting the right to the citizen of Ukraine on departure from Ukraine and entry into Ukraine are:

the passport of the citizen of Ukraine for trip abroad;

diplomatic passport of Ukraine;

service passport of Ukraine;

identity certificate of the seaman;

certificate of the crew member;

the identity certificate on return to Ukraine (grants the right to entry into Ukraine).

In the cases provided by international treaties of Ukraine instead of the documents specified in part one of this Article for departure from Ukraine and entry into Ukraine other documents can be used.

Article 3. Procedure for crossing by citizens of Ukraine for frontier of Ukraine

Crossing by citizens of Ukraine of frontier of Ukraine is performed at check points through frontier of Ukraine after sight of one of the documents specified in article 2 of this Law.

Rules of crossing of frontier of Ukraine by citizens of Ukraine are established by the Cabinet of Ministers of Ukraine according to this Law and other laws of Ukraine.

Article 4. Procedure for document creation for permanent residence of citizens of Ukraine abroad

Document creation for departure of citizens of Ukraine abroad on the permanent residence is performed by the central executive body realizing state policy in spheres of migration (immigration and emigration), including counteractions of illegal (illegal) migration, nationality, registration of physical persons, refugees and other categories of migrants determined by the legislation.

Document creation for leaving on permanent residence abroad of citizens of Ukraine who went abroad temporarily is performed by foreign diplomatic organizations of Ukraine.

Production according to statements for document creation for departure of citizens of Ukraine abroad on the permanent residence is performed according to the procedure, approved by the central executive body providing forming of state policy in spheres of migration (immigrations and emigrations), including counteractions of illegal (illegal) migration, nationality, registration of physical persons, refugees and other categories of migrants determined by the legislation.

Production according to statements for document creation for leaving on permanent residence abroad of citizens of Ukraine who went abroad temporarily is performed according to the procedure, approved by the central executive body which provides forming and realization of state policy in the sphere of external relations.

Article 5.

It is excluded according to the Law of Ukraine of 14.07.2016 No. 1474-VIII

Article 6. Bases for temporary restriction of the right of citizens of Ukraine to departure from Ukraine

The right of the citizen of Ukraine to departure from Ukraine can be temporarily limited in cases when

1) he is familiar with the data representing the state secret - before the expiration, the stipulated in Clause 12 these Laws;

2) it is excluded;

3) concerning it according to the procedure, provided by the penal procedural legislation, the measure of restraint under the terms of which he is forbidden to go abroad is applied, - before the end of criminal proceedings or cancellation of the corresponding restrictions;

4) he is condemned for making of criminal offense - before departure of punishment or release from punishment;

5) it evades from obligation fulfillment, assigned to it by the judgment or the decision of other bodies (officials), is subject to forced execution according to the procedure, established by the law, - before obligation fulfillment or debt repayment on payment of the alimony;

6) it is excluded;

7)   No. 671-VII is excluded according to the Law of Ukraine of 05.11.2013

8) it is excluded;

9) it is under administrative supervision of National police - before the supervision termination;

10) he is the head of the legal entity or permanent mission of the nonresident (according to data from the Unified state register, provided according to the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming"), does not carry out the tax debt established by the Tax code of Ukraine on payment of monetary commitments which led to origin at such legal entity or permanent mission of the nonresident of tax debt in the amount exceeding 1 million hryvnias and if such tax debt is not paid within 240 calendar days from the date of delivery to the taxpayer of the tax claim, - before repayment of the amount of such tax debt in connection with which such restriction is set.

The part two is excluded.

The temporary restriction of the right of the citizen of Ukraine to departure from Ukraine in the cases provided by parts one and the sixth this Article is entered according to the procedure, stipulated by the legislation. In case of introduction of such restriction the body which entered in one-day time notifies on it the citizen of Ukraine concerning whom restriction and the central executive body realizing state policy in the sphere of protection of frontier is introduced.

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