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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 17, 2003 No. 1110

About approval of the Standard regulations on Item of temporary stay of foreigners and persons without citizenship who illegally are in Ukraine

(as amended on 28-12-2020)

According to part six of article 30 of the Law of Ukraine "About legal status of foreigners and stateless persons" the Cabinet of Ministers of Ukraine decides:

Approve Standard regulations on Item of temporary stay of foreigners and persons without citizenship who illegally are in Ukraine it (is applied).

Prime Minister of Ukraine

V. Yanukovych

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 17, 2003 No. 1110

Standard regulations on Item of temporary stay of foreigners and persons without citizenship who illegally are in Ukraine

1. The Item of temporary stay of foreigners and stateless persons which illegally are in Ukraine (further - Item of temporary stay) is the public institution intended for temporary content of foreigners and stateless persons:

on which the court makes the decision on exclusion out of limits of Ukraine;

on which the court makes the decision on detention for the purpose of identification and the ensuring exclusion out of limits of Ukraine including accepted according to international treaties of Ukraine on readmission;

the detained GMS, its territorial authorities and divisions for terms and according to the procedure, stipulated by the legislation;

detainees by a court decision before completion of consideration of the application about recognition by the refugee or person who needs additional protection in Ukraine, or the stateless person.

2. The Item of temporary stay in the activities is guided by the Constitution and the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, the international acts on human rights and other regulatory legal acts which regulate question concerning foreigners and stateless persons, and also the provision developed according to this Standard provision and approved by GMS.

3. The Item of temporary stay belongs to the sphere of management of GMS.

4. The Item of temporary stay will be formed, reorganized and liquidated according to the decision of GMS.

The extreme number of workers of Items of temporary stay of foreigners and stateless persons which illegally are in Ukraine affirms GMS (within the assignments provided for GMS in the Government budget of Ukraine for the corresponding year).

5. The foreigners and persons without citizenship which do not have legal causes for stay in the territory of Ukraine, detained in accordance with the established procedure and who are subject to exclusion out of the limits of Ukraine including accepted according to international treaties of Ukraine on readmission accommodate in Items of temporary stay during the term necessary for their identification and ensuring exclusion out of limits of Ukraine or according to international treaties of Ukraine on readmission.

The term of content of the detained foreigners and stateless persons in Items of temporary stay constitutes six months from the date of the actual detention of person.

In the presence of conditions under which it is impossible to identify the foreigner or the stateless person, to provide exclusion or transfer according to international treaties of Ukraine on readmission of person in the specified time or to make the decision according to the statement for recognition by his refugee or person who needs additional protection in Ukraine or the stateless person, this term can be prolonged, but no more, than up to eighteen months.

About prolongation of term of content not later than five days before its termination the body (division) according to which petition detained the foreigner or the stateless person submits each six months the corresponding administrative claim. In such claim the actions or measures undertaken by body (division) for identification of the foreigner or the person without citizenship, ensuring execution of the decision on exclusion or transfer according to international treaties of Ukraine on readmission or for consideration of the application about recognition by the refugee or person who needs additional protection in Ukraine, or the stateless person are specified.

6. Accommodation of foreigners and stateless persons in Item of temporary stay is performed by administration of such Item based on the decision of territorial authority of GMS or body of protection of frontier according to the statement which is drawn up by Item of temporary stay and body which brought foreigners and persons without citizenship in Item. Before placement foreigners and stateless persons on which administrative courts in claims of bodies of protection of frontier or Security service in the procedure established by the law make the decision on detention contain in Item of temporary stay in the specified purposes which are specially equipped for premises of bodies of protection of frontier or Security service.

Children of foreigners and stateless persons accommodate in Item of temporary stay together with parents, and in case of absence of parents - close relatives.

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

During placement in Item of temporary stay foreigners and stateless persons are subject to personal and medical examination, and also sanitary processing.

Regulations of material and household providing and procedure for provision of medical care to foreigners and stateless persons are established by the Ministry of Internal Affairs.

7. The main tasks of Item of temporary stay are:

1) ensuring temporary content of the foreigners and stateless persons placed according to the legislation;

2) creation of proper conditions for content of foreigners and persons without citizenship, providing them with individual berths, bed linen, three meals a day, material and household and medical attendance and so forth;

3) assistance to territorial authorities of GMS and to bodies of protection of frontier in accomplishment of the tasks assigned to them connected with exclusion of foreigners and stateless persons out of limits of Ukraine;

4) assistance to foreigners and stateless persons in establishment of contacts with relatives, fellow countrymen, international and public organizations.

8. Protection of Item of temporary stay, foreigners and stateless persons which contain in it is performed according to the legislation.

Actions of workers of Item of temporary stay for protection of foreigners and stateless persons cannot be combined with tortures, tortures or others the cruel and degrading advantage behavior types. No circumstances can be justification for application of tortures, tortures or such types of behavior.

9. In Item of temporary stay of the man take place separately from women.

Expectant mothers, parents with children and families accommodate in certain premises.

10. Foreigners and stateless persons which contain in Item of temporary stay can:

1) it is free to move within Item of temporary stay, determined by its administration;

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