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THE CABINET OF MINISTERS OF UKRAINE

DECREE

 

# 367 of June 4, 2015

 

on Approval of Procedures for Entry to the Temporary Occupied Territory of Ukraine and Departure from the Territory

 

According to sub-paragraphs 1 and 4 of paragraph 12.6 of Article 12 of the Law of Ukraine on Establishment of "Crimea"  Free Economic Zone and  Particular Features of Economic Activities at the Temporary Occupied Territory of Ukraine and sub-paragraph 2 of paragraph 2 of Article 10 of the Law of Ukraine on Ensuring Citizens' Rights and Freedoms, and the Legal Regime at the Temporary Occupied Territory of Ukraine, the Cabinet of Ministers of Ukraine decrees:

 

to approve Procedures for Entry to the Temporary Occupied Territory of Ukraine and Departure from the Territory (enclosed).

 

the Prime Minister of Ukraine

 

A. YATSENYUK

 

 

APPROVED BY:

Decree # 367 of the Cabinet of Ministers of Ukraine

of June 4, 2015

 

PROCEDURES

for Entry to the Temporary Occupied Territory of Ukraine and Departure from the Territory

 

General provisions

 

1. The Procedures regulate issues pertaining to crossing the administrative border of "Crimea" Free Economic Zone in the course of entry to the temporary occupied territory of Ukraine and departure of Ukrainian citizens from the territory according to Law of Ukraine on Establishment of "Crimea"  Free Economic Zone and  Particular Features of Economic Activities at the Temporary Occupied Territory of Ukraine, as well as entry and departure of foreigners and stateless persons - accounting for requirements of Law of Ukraine on Ensuring Citizens' Rights and Freedoms, and the Legal Regime at the Temporary Occupied Territory of Ukraine.

 

2. The following terms are used in the Procedures with the following meanings:

 

a checkpoint for entry to the temporary occupied territory of Ukraine and departure from the territory (referred hereinafter to as a checkpoint) means a specially allocated territory on a road, at a railway terminal with a set of buildings, specialised engineering and fortification constructions, and technical means, where border control, customs control and other state control operations are performed and where  persons are admitted (persons who enter the temporary occupied territory of Ukraine and depart from the territory), as well as vehicles, cargo and other property;

 

bodies and services in charge of state control operations in checkpoints (referred hereinafter to as the control bodies and services) mean Border Guard units and territorial bodies of State Fiscal Service of Ukraine (SFSU).

 

Other terms in the Procedures are used in their meanings as defined in the Criminal Procedure Code of Ukraine, the Customs Code of Ukraine, Law of Ukraine on the Uniform State Demographic Register and Documents that Certify Citizenship of Ukraine, Identity of a Person or His/her Special Status, Law of Ukraine on Legal Status of Foreigners and Stateless Persons, Law of Ukraine on Border Control, Law of Ukraine on Establishment of "Crimea"  Free Economic Zone and  Particular Features of Economic Activities at the Temporary Occupied Territory of Ukraine, Law of Ukraine on Ensuring Citizens' Rights and Freedoms, and the Legal Regime at the Temporary Occupied Territory of Ukraine.

 

3. Entry to the temporary occupied territory of Ukraine and departure from the territory shall be conducted in checkpoints:

 

in the case of foreigners and stateless persons - with a passport document and a special permit issued by a territorial body of SMSU;

 

in the case of citizens of Ukraine - provided presentation of any of the documents referred to in Article 5 of Law of Ukraine on Citizenship of Ukraine or in Article 2 of Law of Ukraine on Procedures of Departure of Citizens of Ukraine from Ukraine and their Entry to Ukraine, while in the case of citizens of Ukraine under  16, requirements for such persons shall be met - as specified in Rules of Crossing the State Border by Citizens of Ukraine, approved by Decree # 57 of the Cabinet of Ministers  of Ukraine of January 27, 1995  ("ZP Ukrainy", 1995, # 4, p. 92).

 

Checkpoints

 

4. Checkpoints where border control, customs control and other control operations are performed and where  persons are admitted (persons who enter the temporary occupied territory of Ukraine and depart from the territory), as well as vehicles, cargo and other property, are not intended for crossing of the state border. The list of checkpoints in provided in Annex 1.

 

5. Checkpoints shall operate round-the-clock. The Chief of the State Border Guard Service may decide to suspend operations of checkpoints temporarily.

 

6. Procedures of interaction of control bodies and services, the general process and sequential order of all types of control operations in checkpoints shall be defined by a control process flow chart of admission of persons who enter the temporary occupied territory of Ukraine or depart from the territory, admission of vehicles and cargo - the flow chart shall be approved separately for every checkpoint by the chief officer of a Border Guard unit in charge of control of the checkpoint area, and shall be agreed with the chief of a relevant territorial SFSU body operating in the checkpoint.

 

7. The control process flow chart of admission of persons who enter the temporary occupied territory of Ukraine or depart from the territory, admission of vehicles and cargo in checkpoints shall specify:

 

areas or premises for  control of persons vehicles and cargo; territorial borders of the checkpoint, zones of border control and customs control operations (restricted zones); servicing and utility areas for vehicles and people; parking areas for vehicles, including arrested ones;

 

routes, parking areas and waiting areas for vehicles and railway trains (carriages) with hazardous cargo, as well as contingency procedures in the case of emergencies associated with military threats, mass unrest, terrorist acts, obstruction or blocking the checkpoint operations, natural disasters or technological emergencies;

 

general procedures and sequential order of control operations in connection with persons, vehicles and   cargo;

 

procedures of admitting persons, vehicles and cargo to the checkpoint and to the restricted zone, procedures of their movements.

 

8. Territorial borders of a railway checkpoint shall be defined and approved as agreed with the chief officer of a Border Guard unit in charge of control of the checkpoint and with the chief of a relevant territorial SFSU body, by an order of the chief railway official in charge of the checkpoint location area.

 

Territorial borders of a road checkpoint shall be defined and approved as agreed with the chief of a relevant territorial SFSU body and a relevant local authority, by an order of a Border Guard unit in charge of control of the checkpoint area.

 

9. A servicing and utilities zone for persons and vehicles may be arranged upstream of the checkpoint according to procedures defined by para 24 of Regulation on Border Crossing Points and Checkpoints approved by Decree # 751 of the Cabinet of Ministers of Ukraine of August 18, 2010 (Official Communications of Ukraine, 2010, # 65, p. 2265).

 

10. The Ministry of Infrastructure shall be responsible for implementation of works related to construction, reconstruction, repairs and maintenance of the checkpoints.

 

11. Symbols and emblems  of the occupant state, those of the temporary occupied territories, or elements thereof are prohibited for use in the checkpoints.

 

Regime in the checkpoints

 

12. A Border Guard unit in charge of the checkpoint area shall set regime rules for the checkpoint to define: procedures of access of persons who participate in control and servicing of persons and vehicles, and drive vehicles that enter the temporary occupied territory of Ukraine and depart from the territory.

 

13. Unless allowed by duly authorised officers of the Border Guard unit, other persons cannot enter the area (premises) for persons who have already undergone document control and other border control operations, as well as the premises (area) for persons who arrived after departure from the temporary occupied territory of  Ukraine and have not undergone such control operations.

 

14. In the course of fulfilment of their official duties, officials and officers of control bodies and services in the checkpoint must carry their official ID cards and service budges, while other persons who  enter the checkpoint for official business must carry special temporary service budges that are used according to procedures as specified in para 21 of Regulation on Border Crossing Points and Checkpoints approved by Decree # 751 of the Cabinet of Ministers of Ukraine of August 18, 2010.

 

15. The due public order in the checkpoints shall be maintained by bodies of the Ministry of Interior, in cooperation with other control bodies and services, and - in the case of imminent threats of criminal and other illicit intrusions - in cooperation with relevant units of the National Guard.

 

16. Passengers shall board/leave vehicles, and cargo (or other property items) loading/unloading operations in the checkpoints shall be conducted only if allowed by authorised officers of the Border Guard unit and officials of the territorial SFSU body.

 

17. After entering the checkpoint territory, persons and service personnel of vehicles shall, on request of authorised officers and officials of control services, submit their vehicles, cargo and other property items for examination.

 

18. Persons and service personnel of vehicles that entered the checkpoint territory, are granted the following rights:

 

to be present in the course of examination of vehicles and cargo belonging to them, to be present in the course of sampling substances and materials belonging to them, for express testing by control bodies and services;

 

to be provided verbal explanations by authorised officers of the Border Guard units and officials of other control bodies and services, if they were temporarily refused entry to the temporary occupied territory of Ukraine or departure from the territory.

 

19. Vehicles may depart from the checkpoint territory only if allowed by authorised officers of the Border Guard unit.

 

20. Legitimate requirements of authorised officers of the Border Guard unit and officials of other control bodies and services are mandatory for execution by all persons who enter the temporary occupied territory of Ukraine or depart from the territory.

 

Special permits

 

21. Special permits shall be issued in the following cases:

 

1) if close relatives or family members of a foreigner or a stateless person reside at the temporary occupied territory of Ukraine, as certified by documents issued by authorised state bodies of Ukraine;

 

2) if graves of close relatives or family members are located at the temporary occupied territory of Ukraine, as certified by relevant documents;

 

3) in the case of death of a close relative or a family member who resided at the temporary occupied territory of Ukraine, as certified by relevant documents;

 

4) if property rights exist for real estate located at the temporary occupied territory of Ukraine;

 

5) if it is necessary to participate in ensuring protection of national interests of Ukraine with the aim to reconcile the conflict peacefully, to liberate the territory of Ukraine from occupation or in connection with humanitarian policy matters (only if requested by MFA or agreed with MFA);

 

6) if it is necessary to fulfil diplomatic or consular functions, in particular in the framework of activities of international organisations with membership of Ukraine (only if requested by MFA or agreed with MFA);

 

7) in the case of regular voyages to the temporary occupied territory of Ukraine, related to labour activities of railway personnel.

 

22. A special permit shall be issued by the territorial SMSU body, on the SMSU official letterform in the place of stay of a foreigner of a stateless person at the territory of Ukraine. The special permit form is provided in Annex 2.

 

The special permit shall be signed by the chief official of the SMSU territorial body or by his/her deputy. The holder's photo shall be pasted onto the special permit and sealed by the above body's official seal.

 

23. To apply for a special permit, a foreigner or a stateless person  shall submit the following documents to the territorial SMSU body:

 

1) the application form, according to Annex 3;

 

2) his/her passport document (to be returned after presentation);

 

3) a document that certifies staying at the territory of Ukraine on legal grounds;

 

4) a copy of the page of the passport document or the ID document of the stateless person with personal data of the holder, accompanied by its Ukrainian translation, duly certified according to established procedures;

 

5) documents that certify purposes of entry to the temporary occupied territory of Ukraine:

 

copies of documents that certify family connections of foreigners and stateless persons, as well as places of residence of their close relatives and family members at the temporary occupied territory of Ukraine;

 

a copy of a document that certify death of a close relative who resided at the temporary occupied territory of Ukraine;

 

a document that certifies location of graves of close relatives or family members at the temporary occupied territory;

 

documents that certify property rights to reals estate at the temporary occupied territory of Ukraine;

 

MFA requests or approvals in connection with persons referred to in sub-paragraphs 5 and 6 of paragraph  21 of the Procedures;

 

other documents that can confirm purposes of the entry to the temporary occupied territory of Ukraine;

 

6) a document that certifies availability of sufficient finance means for a period of his/her planned stay at the  territory of Ukraine or relevant guarantees of an inviting party (except foreigners and stateless persons who are granted special permits under sub-paragraphs  5-7 of paragraph 21 of the Procedures);

 

7) three photographs (3.5 х 4.5 cm).

 

In the case of issuance of special permits under sub-paragraph 7 of paragraph 21 of the Procedures, the Ukrainian Railways Company, after reception of requests from administrations of foreign railway carriers, shall submit lists of relevant persons and documents specified in sub-paragraphs 1, 4 and 7 of this paragraph to the territorial body of SMSU in Kyiv.

 

24. Special permits shall be issued to foreigners and stateless persons who are 18 years old or older. Information on underage foreigners or stateless persons shall be included into special permits issued to their parents or legal representatives.

 

25. Special permits shall be issued or decisions to refuse issuance of special permits shall be made by the chief official of the SMSU territorial body or by his/her deputy within five office days from the moment of submission of all documents as specified in the Procedures.

 

26. A special permit shall be issued for single entry or for multiple entries to the temporary occupied territory of Ukraine and departure from the territory. Validity terms of special permits are defined by time limits specified in application forms and confirmed by relevant documents, but they cannot exceed authorised terms of stay of foreigners or stateless persons at the territory of Ukraine and should account for a time necessary to depart from Ukraine (at least three working days).

 

A special permit for single entry to the temporary occupied territory and departure from the territory shall be issued for purposes specified in sub-paragraphs 1-4 of paragraph 21 of the Procedures.

 

A special permit for multiple entries to the temporary occupied territory of Ukraine and departures from the territory shall be issued for the purposes specified in sub-paragraphs 5-7 of paragraph  21 of the Procedures; as well as to foreigners and stateless persons with permanent residence permits of Ukraine and registered places of residence in the Autonomous Republic of Crimea or in Sevastopol.

 

27. Decisions to refuse issuance of special permits to foreigners or stateless persons shall be made in the following cases:

 

1) if they pose a threat to  the national security of the country or to the due public order, or to public health, or to protection of rights and legitimate interests of citizens of Ukraine and other persons who reside at the territory of Ukraine;

 

2) if a passport document of a foreigner or a stateless person is fraudulent, damaged, does not meet a relevant format or is issued to another person;

 

3) if foreigners or stateless persons submit patently false information or fraudulent documents;

 

4) if there are substantiated grounds to suspect that a foreigner or a stateless person has other grounds and purposes of entry to the temporary occupied territory than the ones specified in his/her application form, or if they failed to provide supporting evidence for their stated  grounds and purposes of entry to the temporary occupied territory;

 

5) if a foreigner or a stateless person failed to provide a document that certifies availability of sufficient finance means for a period of planned stay at the  territory of Ukraine or relevant guarantees of an inviting party (except foreigners and stateless persons who are granted special permits under sub-paragraphs  5-7 of paragraph 21 of the Procedures).

 

28. A decision to refuse issuance of a special permit may be appealed against in SMSU or in a court of law.

 

29. Territorial SMSU bodies shall maintain registers of foreigners and stateless persons who were issued special permits or whose applications for issuance of special permits were refused.

 

30. Availability of a special permit shall not prevent officers of the Border Guard units in checkpoints from examination of documents that certify purposes of entry to the temporary occupied territory of Ukraine and departure from the territory.

 

Control operations in the course of entry to the temporary occupied territory of Ukraine and departure from the territory

 

31. Authorised officers and officials of control bodies and services shall control entry of persons, vehicles and cargo to the temporary occupied territory of Ukraine and departure from the territory.

 

32. Authorised officers of the Border Guard unit shall examine passports and other documents of persons in order to check their validity and authenticity. In the course of the examination, technical instruments may be used to check for possible signs of fraudulent alterations.

 

33. Forged documents or documents issued to other persons, or documents used for crimes or administrative offences shall be seized by an authorised officer of the Border Guard unit, based on a substantiated and documented decision (one copy of the documented decision shall be issued to the relevant person). Fraudulent documents shall be submitted to a relevant law enforcement body for decision-making under the Criminal Procedure Code of Ukraine.

 

34. In the course of fulfilment of border control procedures in checkpoints, authorised officers of the Border  Guard unit shall use databases of the State Border Guard Service, and other databases as specified by law and shall execute court rulings and assignments of authorised  state bodies submitted to the State Border Guard Service according to Procedures of Submission of Assignments of Authorised State Bodies to the State Border Guard Service and Execution of the Assignments on Persons Who Cross the State Border by SBGS, approved by Decree # 280 of the Cabinet of Ministers of Ukraine of April 17, 2013 (Official Communications of Ukraine, 2013, # 31, p. 1083); based on risk assessment results, they shall interview persons to ascertain existence or lack of grounds to refuse entry to the temporary occupied territory of Ukraine or departure from the territory.

 

35. Accounting for risk assessment results, authorised officers of the Border Guard unit may conduct  repeated examination of documents of persons who enter the temporary occupied territory of Ukraine or depart from the territory.

 

36. Authorised officers of the Border Guard unit shall input information on persons who enter the temporary occupied territory of Ukraine or depart from the territory to the relevant database.

 

37. Officers of the Border Guard units shall insert special stamps in passport documents and special permits of foreigners and stateless persons who enter the temporary occupied territory of Ukraine or depart from the territory.

 

The Administration of the State Border Guard Service shall set the stamp format.

 

38. Authorised officers of the Border Guard unit shall refuse entry to the temporary occupied territory of Ukraine, if:

 

1) a person submitted a fraudulent or damaged document, or if his/her documents do not meet established format or were issued to  another person;

 

2) a person is flagged in databases of the State Border Guard Service of Ukraine as the one who is  prohibited entry to Ukraine;

 

3) a passport document of a foreigner or a stateless person does not contain a stamp on crossing the state border or if they lack immigration cards;

 

4) a foreigner or a stateless person lacks a special permit or if validity terms of their permits have expired;

 

5) entry of a foreigner or a stateless persons to the temporary occupied territory of Ukraine contradicts to national security interests;

 

6) a foreigner or a stateless person failed to confirm purposes of entry to the temporary occupied territory of Ukraine;

 

7) a person failed to comply with terms and procedures of control in the course of entry to the temporary occupied territory of Ukraine, customs rules, sanitary standards and rules, or failed to comply with legitimate requests of authorised officers and officials of control bodies and services in charge of state control operation in checkpoints;

 

8) in the course of the previous stay at the territory of Ukraine, a foreigner or a stateless person departed from the territory outside a checkpoint;

 

9) in the course of the previous stay at the temporary occupied territory of Ukraine, a foreigner or a stateless person departed from the territory outside a checkpoint.

 

39. Authorised officers of the Border Guard unit shall refuse departure from the temporary occupied territory of Ukraine, if:

 

1) a foreigner or a stateless person submitted a fraudulent or damaged document, or if his/her documents do not meet established format or were issued to  another person;

 

2) a foreigner or a stateless person is flagged in databases of the State Border Guard Service of Ukraine as the one who is  prohibited entry to Ukraine;

 

3) departure of a foreigner or a stateless person from the temporary occupied territory of Ukraine poses a threat to  the national security interests, or to public health, or to protection of rights and legitimate interests of citizens of Ukraine and other persons;

 

4) a foreigner or a stateless person lacks a special permit;

 

5) a person failed to comply with terms and procedures of control in the course of departure from the temporary occupied territory of Ukraine, customs rules, sanitary standards and rules, or failed to comply with legitimate requests of authorised officers and officials of control bodies and services in charge of state control operations in checkpoints;

 

6) a foreigner or a stateless person entered the temporary occupied territory of Ukraine outside a checkpoint;

 

7) in the course of the previous stay at the temporary occupied territory of Ukraine, a foreigner or a stateless person departed from the territory outside a checkpoint.

 

40. If there are grounds to refuse entry of a person to the temporary occupied territory of Ukraine or his/her departure from the territory,  an authorised officer of the Border Guard unit shall refuse his/her entry or departure and shall issue a substantiated documented decision on refusal, specifying grounds for the refusal, the decision shall follow the format as specified in Annex 4.

 

One copy of the decision to refuse entry of the person to the temporary occupied territory of Ukraine or departure from the territory shall be issued to the person concerned, who shall sign every copy to certify reception of the decision. If the person rejects to sign the decision, a relevant protocol on the matter shall be compiled.

 

41. A decision of an authorised officer of the Border Guard unit to refuse entry to the temporary occupied territory of Ukraine or departure from the territory may be appealed against according to legally set procedures.

 

42. Legitimate requirements of authorised officers and officials of control bodies and services in checkpoints are mandatory for execution by all persons who enter the temporary occupied territory of Ukraine or depart from the territory.

 

43. Administrations of railway  and bus terminals, stations, ticket offices, as well as on-board service personnel of carriers shall organise and apply timely measures to notify passengers on border control, customs control and other types of control operations in checkpoints and to prepare persons who enter the temporary occupied territory of Ukraine or depart from the territory to border control, customs control and other types of control operations in checkpoints.

 

44. Non-compliance with procedures of entry to the temporary occupied territory of Ukraine and departure from the territory, as set in the Procedures is subject to imposition of legislatively set liabilities.

 

 

Annex 1

to the Procedures

 

THE LIST

of checkpoints for entry to the temporary occupied territory of Ukraine/departure from the territory

 

Road checkpoints for entry to the temporary occupied territory of Ukraine: “Kalanchak”, “Chaplinka”, “Chongar”.

 

Railway checkpoints for entry to the temporary occupied territory of Ukraine/departure from the territory:  “Kherson”, “Melitopol”, “Vadym”, “Novooleksiivka”

 

 

Annex 2

to the Procedures

 

SPECIAL PERMIT

for entry of a foreigner or a stateless person to the temporary occupied territory of Ukraine and departure from the territory

 

 

Annex 3

to the Procedures

 

APPLICATION FORM

 

Annex 4

to the Procedures

 

DECISION

to refuse entry of a person to the temporary occupied territory of Ukraine or departure from the territory