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Approved by Decree No. 1074 of the Cabinet of Ministers of Ukraine of December 29, 1995

(In the text of the Rules, words "national passport" in all cases are replaced by words "passport document" in relevant cases, according to Decree No. 910 of the Cabinet of Ministers of Ukraine of June 5, 2000)

RULES

of Entry of Foreigners to Ukraine, their Departure from Ukraine and Transit Travel via the Territory of the Country

General

1. These Rules define procedures of:

2. These Rules cover all foreigners, who enter Ukraine, regardless their status and aims of entry, as well as legal entities and physical persons of Ukraine, that host foreigners or provide services to them, except as otherwise stipulated by the legislation of Ukraine.

3. Foreign nationals and stateless persons, who stay in Ukraine, are obliged to have passport documents (i.e. a document, that confirms citizenship of a foreign national or identifies a stateless person and is issued by an authorised body of a foreign country or an organisation of the United Nations, that provides the right for departure abroad and is recognised by Ukraine). A passport document shall be registered, according to procedures, established by these Rules and shall be presented on request of officials of bodies, specified in Clause 10 of these Rules.

(Clause 3 as amended by Decree No. 910 of the Cabinet of Ministers of Ukraine of June 5, 2000)

4. Foreigners, who entered Ukraine for temporary stay, may be accommodated in hotels or in other places (regardless types of housing).

5. Legal entities and physical persons, that host foreigners, shall ensure timely notification of the foreigners on their rights, freedoms and responsibilities, stipulated by the legislation of Ukraine, they shall maintain relevant reporting on these persons and shall bear responsibility for timely processing of documents for their rights of stay in Ukraine, their movements at the territory of the country and their departure from Ukraine at completion of their authorised terms of stay.

Foreigners can be hosted by duly registered Ukrainian, joint or foreign facilities, bodies and organisations (referred hereinafter to as "organisations"), as well as by physical persons, who stay in Ukraine permanently or temporarily, in connection with their education, study visits, etc. 

6. If a foreigner entered Ukraine, based on invitation of an organisation, another organisation may, provided its written notification of a body of the Ministry of Interior or the Ministry of Foreign Affairs (if the foreigner's passport document was registered by the latter ministry), host this foreigner in Ukraine, but in this case the latter organisation shall fulfil obligations and bear  responsibilities with respect to this foreigner, according to provisions of Clause 5 of these Rules.

Status of a foreigner, who entered Ukraine for private business, can be altered by a body of the Ministry of Interior, based on written application of an interested organisation or a physical person, except as otherwise stipulated by the legislation of Ukraine.

7. Persons, who invite foreigners to Ukraine and provide housing to them, are obliged to take necessary measures for timely registration of passport documents of these foreigners and to provide them assistance in their departure from Ukraine at completion of their authorised terms of stay.

8. Foreigners may immigrate to Ukraine for permanent residence or for employment within periods of time and according to procedures, established by the legislation of Ukraine. Foreigners, who entered Ukraine for temporary stay, can be granted permits for permanent residence, according to established procedures.

9. Foreign nationals and stateless persons, who entered Ukraine, are granted refugee status by relevant units for nationalities and migration of the Council of Ministers of the Autonomous Republic of Crimea, oblasts, state administrations, Kyiv and Sevastopol city state administrations.

(Clause 9 as amended by Decree No. 910 of the Cabinet of Ministers of Ukraine of June 5, 2000)

10. Control of compliance with requirements of these Rules by foreigners, legal entities and physical persons, who host foreigners or provide services to them, shall be maintained by bodies of the Ministry of Interior, within their spheres of competence and in co-operation with the Ministry of Foreign Affairs, bodies of the Security Service and the Border Guard Troops.

Entry to Ukraine, departure from Ukraine and transit travel of foreigners via the territory of Ukraine

11. Foreigners enter Ukraine, depart from Ukraine and make transit travel via the territory of Ukraine through border crossing points at the state border with their passport documents, provided they have corresponding visas, unless other entry/departure provisions are stipulated by the legislation of Ukraine.

Foreigners, who stay in Ukraine permanently, enter Ukraine, depart from Ukraine and make transit travel via the territory of Ukraine with passport documents, containing entries on permission of permanent residence and permanent residence certificates.

(Clause 11 was amended by this paragraph according to Decree No. 910 of the Cabinet of Ministers of Ukraine of June 5, 2000)

12. Citizens of those countries, which have international agreements on mutual visa-free travel with Ukraine, enter Ukraine with their valid passport documents, provided they have duly made invitations from legal entities or physical persons of Ukraine, unless other provisions are stipulated by international treaties of Ukraine.

13. Departure abroad:

(Clause 13 as amended by Decree No. 910 of the Cabinet of Ministers of Ukraine of June 5, 2000)

14. Transit travel of foreigners via the territory of Ukraine is allowed, if these foreigners have transit visas of Ukraine, entry visas of destination countries, travel tickets or other documents, which confirm transit nature of their trips, unless other provisions are stipulated by the legislation of Ukraine.

Transit travel is understood as stay in Ukraine within a period of time, set in a travel document; or if there are no travel documents, the period of time is defined as a period of time, which is actually necessary to cross the territory of Ukraine, using relevant means of transportation.

Transit travel of road vehicles is allowed only at roads of "M" and "A" categories.

In the case of forced delay at the territory of Ukraine, caused by exceptional circumstances (natural disasters, diseases, vehicle repairs, etc.), provided submission of a document, which confirms causes and duration of the delay, a body of the Ministry of Interior may extend terms of a transit visa of a foreigner or allow him/her to stay temporarily in Ukraine for a period of time, necessary for elimination of circumstances, which caused the forced delay.

15. Rules of processing visas for entry of foreigners to Ukraine (departure from Ukraine) and transit travel via the territory of Ukraine, shall be approved by the Cabinet of Ministers of Ukraine.

16. Causes, that prohibit entry to Ukraine and departure from Ukraine, are stipulated by Articles 25 and 26 of Law of Ukraine "On Legal Status of Foreigners". If there are reasons, stipulated by Part 2 of Article 25 of the above mentioned Law, officers of the Border Guard Troops or officers of bodies of the Ministry of Interior, shall insert stamp "Entry to Ukraine is forbidden for ..." into a passport document of a foreigner. The actual term shall be defined by a body of the Ministry of Interior, a body of the Security Service, or by a body of the Border Guard Troops, depending on circumstances and severity of a given violation (from six months to five years). If these reasons continue to exits, the term may be extended by the above bodies. In these cases, foreigners shall be transferred to representatives of border control bodies of neighbouring countries or deported from Ukraine, according to procedures, stipulated by these Rules.

17. If a foreigner has lost his/her passport document at the territory of Ukraine, he/she is obliged to inform immediately on the matter: an organisation, which hosts him/her; a body of the Ministry of Interior. On his/her request, this body issues to a certificate on  the matter. After issuance of a  passport documents by a diplomatic mission or a consular office of a country of the foreigner, a body of the Ministry of Interior shall decide to issue a departure visa of Ukraine or to register the foreigner's passport document (based on his/her personal application and a submission of the host organisation).

Processing of documents of foreigners on the right for stay in Ukraine

18. Foreigners, who entered Ukraine legally, can stay temporarily at the territory of the country with their passport documents, registered according to procedures, stipulated by these Rules.

Passport documents shall be submitted for registration to the designated bodies, specified by these Rules within three workdays. Foreigners may be exempt from registration of their passport documents, if there are corresponding reciprocal international agreements of Ukraine.

19. The following categories of foreigners are exempt from registration of their passport documents:

20. The Ministry of Foreign Affairs and its representative offices register passport documents of:

The Ministry of Foreign Affairs and its representative offices issue corresponding ID service cards to these persons and make entries on registration directly in their passport documents.

21. In necessary cases, the Ministry of Foreign Affairs, in response to applications of diplomatic missions and consular facilities, shall register passport documents of statesmen and politicians of foreign countries and their family members, who enter Ukraine for informal visits at the invitation of governmental agencies, non-governmental organisations, representative offices of foreign trade, industrial and finance companies, funds, etc. officially accredited in Ukraine.

Persons, referred to in Clause 20 of these Rules, shell be exempt from registration in bodies of the Ministry of Interior and in hotels, if these persons stay in hotels.

If persons, referred to in this Clause, depart from hotels to stay in private (leased) housing, the Ministry of Foreign Affairs shall submit information on the matter to bodies of the Ministry of Interior in new places of stay of these persons, within three days.

22. In hotels, passport documents of all foreigners, who stay there, shall be registered, regardless purposes of their trips and terms of stay in Ukraine (except the persons, referred to in Clauses 19-21 of these Rules). The registration shall be made on arrival, based on personal applications of these foreigners or on written submissions of organisations, which host these foreigners; or by submissions of foreign missions in Ukraine (for the terms, defined by a submission, a voucher, an application; terms of registration of persons, who arrived with visas, are defined according to validity terms of their visas).

The Ministry of Interior establishes procedures of processing of documents by organisations, that host foreigners and by hotels, where they stay.

23. Bodies of the Ministry of Interior register passport documents of foreigners, who are not listed in Clauses 19-22 of these Rules. Registration is made, based on written submissions of organisations, which host these foreigners or based on written submissions of permanent foreign missions. These submissions should be submitted to bodies of the Ministry of Interior not later than within three workdays from the date of submission of passport documents by foreigners to these organisations (missions) for registration.

24. Bodies of the Ministry of Interior register passport documents of foreigners, who entered Ukraine for private business, provided they have valid visas, unless other provisions are stipulated by an international agreement of Ukraine.

The registration incorporates insertion of corresponding notes directly into a passport.

25. Notes on registration of passport documents of foreigners in Ukraine are inserted in the first place of destination for the whole period of their stay in Ukraine.

26. Extension of terms of registration of a foreigner's passport document is made according to the procedures, established for registration of passports. In the case of visa-based entry to Ukraine, terms of registration of a passport document should be extended only after extension of a departure visa terms by a body of the Ministry of Interior.

27. In the case of foreigners, who entered Ukraine for private business, extension of terms of stay in Ukraine is made by bodies of the Ministry of Interior, based on their written applications and at consent of persons, who invited these foreigners. In these cases, the overall term of stay of a foreigner in Ukraine cannot exceed one year.

A foreigner's application for expansion of terms of stay may be refused if he/she does not have necessary finance resources and grounds for stay in Ukraine or does not have corresponding guarantees.

28. Extension of visa validity terms and terms of registration in Ukraine for those foreigners, whose passport documents were registered by the Ministry of Foreign Affairs of its subordinate bodies, shall be made by these bodies.

Movements of foreigners at the territory of Ukraine and selection of places of stay

29. Provided compliance with formalities, stipulated by Part 6 of Article 3 of Law of Ukraine "On Legal Status of Foreigners", foreigners can move freely at the territory of Ukraine, except as otherwise stipulated by the legislation of Ukraine.

If it is necessary for ensuring security of Ukraine, protection of the due public order, protection of health, rights and legitimate interests of citizens of Ukraine and other permanent residents of Ukraine, the Cabinet of Ministers of Ukraine can impose limitations for free movements of foreigners and selection of places of stay by foreigners.

30. Procedures of movements at the territory of Ukraine for those foreigners, whose passport documents were registered by the Ministry of Foreign Affairs of its subordinate bodies, shall be defined by these bodies.

Foreign correspondents and journalists, accredited in the press-centre of the Ministry of Foreign Affairs, and their family members move at the territory of Ukraine according to procedures, set by that ministry.

31. Stay of foreigners within areas with controlled entry shall be permitted, based on:

32. Foreigners, who stay in Ukraine permanently, are obliged to get propiska (residence registration) at a place of permanent residence, in the case of change of their places of residence they are subject for propiska termination and new propiska, according to the same procedures as the ones established for citizens of Ukraine.

33. Foreigners, who changed their places of residence in Ukraine, as well as the ones, who changed their routes of transit travel via the territory of Ukraine in violation of these Rules, are obliged (on request of bodies, referred to in Clause 10 of these Rules) to return to their previous places of residence or to their predetermined points of destination, if their actions have not resulted in consequences, which stipulate deportation from Ukraine.

Responsibility of foreigners, legal entities and physical persons, that host them or provide services to them, for violations of the legislation of Ukraine

34. In the case of violation of these Rules, foreigners shall bear responsibility, according to Law of Ukraine "On Legal Status of Foreigners". Foreigners, who committed crimes, administrative of other infractions, shall bear responsibility on common grounds.

Issues, pertaining to responsibility of foreigners, specified in Article 4 of Law of Ukraine "On Legal Status of Foreigners" shall be resolved by diplomatic means.

35. Legal entities and physical persons of Ukraine do not have rights to host foreigners, who entered Ukraine illegally, lost grounds for their further stay in Ukraine or submitted documents, made in violation of these Rules, and to provide services to these foreigners.

It is prohibited for a host party to provide housing, jobs, transport vehicles or other services to these foreigners, if these acts will entail violation of these Rules.

36. Violations of these Rules by legal entities or physical persons, that are obliged to comply with  requirements of these Rules, are liable to sanctions, stipulated by the legislation of Ukraine.

37. Reduction of terms of temporary stay of foreigners in Ukraine can be made according to Article  31 of Law of Ukraine  "On Legal Status of Foreigners".

38. Decisions on reduction of terms of temporary stay of foreigners in Ukraine, are taken by bodies of the Ministry of Interior, based on submissions of legal entities and physical persons, who host these foreigners. A body of the Ministry of Interior or the State Security Service also may initiate reduction of terms of stay of a foreigner (regardless a purpose of his/her entry to Ukraine). If necessary, stamp "Undesirable person" may be inserted into a passport document of such a person.

39. Provisions of Clause 37 of these Rules do not cover persons, who enjoy privileges and immunities, stipulated by the legislation of Ukraine and specified in sub-clause "a" of Clause 19 and in Clause 20 of these Rules.

40. A passport document of a foreigner must be confiscated if the document is fraudulent, altered or issued to some other person, as well as in the cases when a foreigner is convicted for committing a crime (for the period of time of completing a sentence or being cleared from the sentence).

Passport documents of foreigners are seized by officials of courts, public prosecutors and officials of bodies of the Ministry of Interior, the Security Service, the Border Guard Troops and Customs, based on corresponding decisions.

A fact of seizure of a passport document is documented as a protocol, a copy of the protocol is issued to the foreigner.

For a period of time of seizure of a passport document of a foreigner, a passport service of a body of the Ministry of Interior issues him/her a temporary permit for stay in Ukraine. Format of the temporary permit is approved by the Ministry of Interior.

41. A foreigner can be deported from Ukraine by a decision of a body of the Ministry of Interior or the Security Service, if:

42. Decisions on deportation are taken with respect to foreigners, who:

43. A foreigner is obliged to depart from Ukraine within the terms, specified in a decision on his/her deportation. The foreigner shall be informed on his/her rights and obligations, if he/she do not master the official state language, an interpreter shall be  invited. An official of a body of the Ministry of Interior may insert stamp "Undesirable Person" into the foreigner's passport document.

44. A decision of deportation of a foreigner from Ukraine may be appealed against in a court of law. The appeal does not terminate enforcement of the decision on deportation.

Deportation of foreigners is enforced by bodies of the Ministry of Interior.

45. From the moment of notifying a foreigner on decision on his/her deportation from Ukraine, he/she shall be granted the right to inform immediately on the matter a lawyer, a diplomatic official of his/her country or some other persons (on his/her discretion). Execution of the decision on deportation may be postponed by an application of a diplomatic representative of a relevant  country, but not longer that for ten days from the date of notification on the decision.

46. Foreigners, who try to avoid departure from Ukraine, shall be apprehended by bodies of the Ministry of Interior (provided a warrant of the Public Prosecutor) and deported administratively by force (referred hereinafter as "administrative deportation"). Detention is allowed only for a period of time, necessary for execution of administrative deportation.

47. Foreigners, who are to be deported administratively or those legal entities, physical persons, that  host these foreigners or organise their illegal entry, stay, employment and assist them in avoiding departure from Ukraine after expiration of their authorised terms of stay, shall compensate costs, incurred by administrative deportation and detention within the period of administrative detention either in the legal tender of Ukraine, or in a foreign currency (based on the exchange rates of the National Bank of Ukraine for the date of settling of these financial matters).

48. Expenses, deemed necessary for execution of a decision on administrative deportation of a foreigner from Ukraine, incorporate the following cost items:

Cost estimates shall be made by a body of the Ministry of Interior, which issues a bill of established format on the matter in two copies. Format of the bill is set by the Ministry of Interior.

The foreigner is notified on the overall costs incurred, calculated in prices of the date of settling against his/her signature.

If the foreigner refuses to confirm the overall costs for compensation, a corresponding note shall be made in the bill, specifying reasons for the refusal.

49. If the foreigner refuses to compensate costs, necessary for execution of decision on his/her administrative deportation from Ukraine, these costs may be recovered by a civil law procedures. In order to enforce execution of  the claim, a court of law may arrest property of the foreigner.

50. If some cash is seized at the time of apprehension of a foreigner, who is subject to administrative deportation, the cash can be used for execution of the decision on his/her deportation, according to the bill of costs. The cash use is documented as a protocol.

51. If legal entities or physical persons, that invited foreigners to Ukraine, refuse to compensate  costs, specified in Clause 47 of these Rules, these costs may be reimbursed within civil law court procedures.

52. Documents, which are necessary for mandatory reimbursement of the costs, incorporate: a decision of a body of the Ministry of Interior on apprehension of a foreigner for administrative deportation (authorised by the Public Prosecutor) and a cost bill..

53. If a foreigner does not have money, necessary to compensate costs, associated with his/her administrative deportation and it is found that he/she entered Ukraine without an invitation of some legal entity or a physical person, costs of his/her administrative deportation shall be covered by a corresponding body of the Ministry of Interior, with subsequent reimbursement of these costs from the State budget, according to the procedures, established by the Ministry of Interior and agreed with the Ministry of Finance.