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CABINET OF MINISTERS OF UKRAINE

 

 

ON

 

from June, 14, 2002 N 844

 

Kiev

 

About formation of the State department in matters of citizenship, immigration and registration of physical persons

 

With the amendments and supplements borne

by on of Cabinet of Ministers of Ukraine

from December, 25, 2002 N 1968,

from July, 17, 2003 N 1106,

from September, 4, 2003 N 1402,

from October, 2, 2003 N 1573

 

The Cabinet Of Ministers Of UkraineDECREES:

 

1. To form citizenships in composition Ministry of internal affairs on the base of department, passport and immigration service, that will be liquidated, State department in matters of citizenship, immigrations and registrations of physical persons as government body of state administration.

 

2. To confirm Statute about the State department in matters of citizenship, immigration and registration of physical persons (it is added).

 

3. To the ministry of internal affairs to make in a monthly term in accordance with established procedure suggestions in relation to adduction of acts of Cabinet of Ministers of Ukraine in accordance with this on.

 

 

 

Prime Minister Of Ukraine

 

А. КІНАХ

 

 

Інд. 29

 

 

 

IT IS RATIFIED

by on of Cabinet of Ministers of Ukraine

from June, 14, 2002 N 844

 

 

 

STATUTE

about the State department in matters of citizenship, immigration and registration of physical persons

 

1. A state department in matters of citizenship, immigrations and registrations of physical persons (farther - Department) is the government body of state administration, which operates in composition МВС and to him submits.

 

Department in composition МВС, management (departments) in matters of citizenship, immigrations and registrations of physical persons of main administrations, managements of МВС in Autonomous Republic Crimea, regions, мм. Kiev and Sevastopol (farther - territorial organs), departments, separations in matters of citizenship, immigrations and registrations of physical persons of city, district managements (departments) of МВС (farther - subsections) make service of citizenship, to immigration and registration of physical persons, the leading organ of which Department is.

 

(a point 1 is complemented by an indention second pursuant to on

Cabinet of Ministers of Ukraine from 25.12.2002 N 1968)

 

2. A department in the activity follows Constitution and laws of Ukraine, acts of President of Ukraine and Cabinet of Ministers of Ukraine, this Statute and orders of МВС.

 

3. The basic tasks of Department are:

 

1) participation within the limits of the jurisdiction in co-ordination of activity of organs of the executive power related to:

 

by the decision of questions of citizenship of Ukraine;

 

by organization of immigration work and fight against illegal migration;

 

by inhibition by public servants and citizens of rules of the passport system;

 

by registration and account of physical persons after the place of residence/stay;

 

2) organization of work from consideration of documents in relation to acquisition/stopping of citizenship of Ukraine, preparation of materials for consideration by Commission at President of Ukraine on the questions of citizenship;

 

3) generalization of practice of application of legislation on the questions of citizenship, immigration of foreigners and persons without citizenship in Ukraine, registrations of physical persons after the place of residence/stay and development and bringing of suggestions in relation to his perfection for consideration of Minister for internal affairs;

 

4) providing in accordance with the legislation of delivery to the citizens of Ukraine, which constantly live in Ukraine, passport documents, to the foreigners and persons without citizenship of documents for an entrance in Ukraine, stay in Ukraine and departure for its scopes or permanent residence on its territory;

 

5) organization of registration and account of physical persons after the place of residence/stay;

 

6) organization of work from creation of the Unique state automated passport system;

 

7) organization of control after inhibition by public servants and citizens of rules of the passport system, foreigners and persons without citizenship - rules of stay in Ukraine, transit travel through its territory.

 

4. Department in accordance with the tasks fixed on him:

 

1) prepares documents on the questions of acquisition/stopping of citizenship of Ukraine for consideration of Commission at President of Ukraine on the questions of citizenship;

 

2) provides implementation of decisions of President of Ukraine on the questions of citizenship;

 

3) accepts in statutory case of decision about registration of acquisition of citizenship of Ukraine;

 

4) registers persons which acquired/halted citizenship of Ukraine;

 

5) organizes delivery to the citizens of Ukraine of passport documents;

 

6) organizes registration and delivery to the foreigners and persons without citizenship of documents for the sojourn or permanent residence in Ukraine, and also departure for its scopes;

 

7) organizes work from preparation of suggestions in relation to determination in accordance with established procedure of quota of immigration on a calendar year and from consideration of documents in relation to the grant of permission on immigration in Ukraine of foreigners and persons without citizenship, which are in Ukraine on the legal grounds;

 

8) makes decision about the grant of permission and refusal in the grant of permission on immigration, about abolition of permission on immigration;

 

9) registers persons which handed in applications about the grant of permission on immigration, and persons to which are given such permission;

 

10) organizes work from consideration of questions in relation to the grant to the foreigner or person without citizenship of status of refugee;

 

11) organizes the work related to creation of the Unique state automated passport system;

 

12) forms with participation of Administration the Держприкордонслужби database about foreigners and persons without citizenship, an entrance in Ukraine of which is not allowed at presence of grounds certain by a law;

 

(subitem of a 12 point 4 with the changes borne pursuant to

by on of Cabinet of Ministers of Ukraine from 04.09.2003 N 1402)

 

13) makes decision in relation to abbreviation of term of stay of foreigner or person without citizenship in Ukraine;

 

14) makes decision in relation to the turn out of foreigner or person without citizenship from Ukraine;

 

15) carries out the organizational measures related to the turn out of foreigner or person without citizenship from Ukraine;

 

16) prepares інформаційно-аналітичні materials and other documents on questions, which belong to his jurisdiction, for presentation in accordance with established procedure for consideration of the proper organs;

 

17) gives out bulletins in accordance with established procedure, collections of normative acts, other materials on questions, which belong to his jurisdiction;

 

18) executes the functions of state customer from development, production, supply and repair of програмно-апаратних facilities for the Unique state automated passport system;

 

19) MFA co-operates with consular service, by the proper subsections of central and local organs of executive power and organs of local self-government;

 

20) provides and carries out the control after inhibition of state secret in the vehicle of Department, and also in territorial organs and subsections;

 

21) executes other functions, which swim out from the tasks fixed on him.

 

5. A department has a right:

 

1) безоплатно to get from the central and local organs of executive power information necessary for implementation of the tasks fixed on him;

 

безоплатно to use mass medias for establishment of place of stay of persons, the search of which is fixed by the legislation on him;

 

2) to attract the specialists of central and local organs of executive power, organs of local self-government, enterprises, establishments and organizations (on the concordance with their leaders) for consideration of questions, which belong to his jurisdiction;

 

3) to take part in creation of the special equipment necessary for processing of passport documents, to prepare suggestions in relation to development of standards and making of forms of passport and other documents, to come forward the customer of making of this equipment and forms;

 

4) to take part in international cooperation on the questions of humanitarian character, realization of rights and freedoms of citizens of Ukraine, and also implementation of the proper international obligations of Ukraine;

 

5) to provide requiring payment services pursuant to the legislation;

 

6) to check up inhibition by the organs of executive power, enterprises, establishments and organizations of rules of the passport system, requirements of legislation in relation to legal status of foreigners and persons without citizenship in Ukraine and to make suggestions about the removal of reasons and terms, which are instrumental in their violations;

 

7) to require within the limits of the jurisdiction from public servants the organs of executive power, enterprises, establishments and organizations of removal of the exposed violations;

 

8) to form, reorganize and liquidate within the limits of plenary powers, given МВС, territorial organs and subsections;

 

9) to form on the concordance with the organs of executive power expert and consultative advices, working groups;

 

10) to carry out other plenary powers in accordance with the legislation.

 

6. A department is headed by a director which is assigned for position and rid of position in accordance with established procedure by Cabinet of Ministers of Ukraine after the giving of Minister for internal affairs.

 

(indention first of point 6 with the changes borne pursuant to

by on of Cabinet of Ministers of Ukraine from 02.10.2003 N 1573)

 

The director of Department is the member of college of МВС.

 

7. Director Of Department:

 

carries out guidance by activity of Department, carries the personal responsibility before Cabinet of Ministers of Ukraine and Minister for internal affairs for implementation of fixed on Department of tasks;

 

accepts within the limits of plenary powers, given МВС, decision about formation of territorial organs and subsections and appoints their leaders;

 

provides the management by activity of territorial organs and subsections;

 

represents Department in state organs and organs of local self-government;

 

appoints in accordance with the legislation and within the limits of the authorities for position and dismisses leaders of structural subdivisions, persons of ordinary and chief composition, other workers of Department, except for the deputies of director;

 

represents the persons of ordinary and chief composition, workers of Department to the state rewards, differences of МВС;

 

decides a question about responsibility of persons of ordinary and chief composition, workers of Department;

 

bosses within the limits of plenary powers, given МВС, by facilities of Department, asserts in accordance with established procedure the estimated expenses on making/registration of passport documents, creation and introduction of the Unique state automated passport system;

 

asserts position about structural subdivisions of Department, territorial organs and subsections;

 

brings to disciplinary account of leaders of structural subdivisions of Department, other workers, except for the deputies of director;

 

signs the orders out given within the limits of jurisdiction of Department, organizes verification of their implementation;

 

carries out other plenary powers foreseen by the legislation and this Statute.

 

8. The director of Department has the first deputy and two deputies, which are assigned for position and rid of position by the Cabinet of Ministers of Ukraine after the giving of Minister for internal affairs, concerted with the director of Department.

 

One of deputies of director of Department is the chief of the Main computer center of the Unique state automated passport system ex officio.

 

Distributing of duties between deputies is carried out by the director of Department.

 

9. For the concerted decision of questions, which belong to jurisdiction of Department, the discussion of the most important directions of activity appears college in composition a director (chairman of college), his deputies ex officio and leaders of structural subdivisions of Department.

 

The personal composition of college becomes firmly established Minister for internal affairs after the giving of director of Department.

 

The decisions of college are conducted in the life by the orders of director of Department.

 

10. A department within the limits of the jurisdiction gives out the orders of organizational-prescriptive character.

 

11. In decision of МВС scientific and technical advice, and also other deliberative bodies, can appear at Department.

 

(indention first of point 11 with the changes borne pursuant to

by on of Cabinet of Ministers of Ukraine from 17.07.2003 N 1106)

 

Composition of the noted advice and other deliberative bodies, position about them is asserted by the director of Department.

 

12. The maximum quantity of persons of ordinary and chief composition and workers of Department after the giving of director is asserted by Minister for internal affairs .

 

(indention first of point 12 with the changes borne pursuant to

by on of Cabinet of Ministers of Ukraine from 17.07.2003 N 1106)

 

The structure of Department is asserted by a director on the concordance with Minister for internal affairs.

 

(indention second of point 12 with the changes borne pursuant to

by on of Cabinet of Ministers of Ukraine from 17.07.2003 N 1106)

 

13. Manning table, the estimate of Department is asserted by a director on the concordance with МВС and Мінфіном.

 

(point 13 with the changes borne pursuant to on

Cabinet of Ministers of Ukraine from 17.07.2003 N 1106)

 

14. A department is contained due to the state budget within the limits of the facilities foreseen on maintenance of МВС.

 

15. The persons of ordinary and chief composition of Department pass service in accordance with Statute about passing of service by the persons of ordinary and chief composition of organs of internal affairs, use all rights and discharge duties in accordance with Law of Ukraine "About a militia".

 

16. Cash, medical and pension cover of persons of ordinary and chief composition, payment of labour of workers of Department is carried out all right and subject to the conditions, foreseen by the legislation for ordinary and chief composition and workers of МВС.

 

17. A department is a legal entity, has independent balance, registration accounts in the State treasury, seal with the image of National Emblem of Ukraine and the name.

 

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