Order of the Ministry of Internal Affairs of Ukraine

MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

ADMINISTRATION OF THE STATE BORDER SERVICE OF UKRAINE

ORDER

No.552/862 of November 12, 2010

Registered with the

Ministry of Justice of Ukraine

on December 8, 2010 under No.1226/18521

 

On Approving the Instructions for the Procedure of Actions

by the Agencies of Internal Affairs and Agencies of

the State Border Guards for the Implementation of the Provisions

of the Agreement between the European Community and Ukraine

on the Readmission of Persons

In accordance with the Agreement between the European Community and Ukraine on the Readmission of Persons ( 994_851 ), ratified by the Law of Ukraine No.116-VI of January 1, 2008 ( 116-17 ) On the Ratification of the Agreement between the European Community and Ukraine on the Readmission of Persons, and also in order to improve the interaction of the agencies and units of internal affairs and the State Border Service in the execution of the procedure of readmission of persons, I hereby ORDER:

 

1. To approve the Instructions for the Procedure of Actions by the Agencies of Internal Affairs and Agencies of the State Border Guards for the Implementation of the Provisions of the Agreement between the European Community and Ukraine on the Readmission of Persons (hereinafter ? Instructions).

 

2. The managers of the main directorates, MIA (Ministry of Internal Affairs) directorates in the Autonomous Republic of Crimea, in the oblasts, in the cities of Kyiv and Sevastopol as well on railroads, the managers of regional directorates and agencies of the state border guards of the State Border Service of Ukraine shall:

 

2.2. Bring their sectoral regulations into conformity with the present Instructions.

 

3. The MIA State Department for Citizenship, Immigration and Registration of Natural Persons (Y. Mamonov) shall within five days after the Order is signed ensure that it is submitted for state registration with the Ministry of Justice of Ukraine.

 

4. D.Voron, Deputy Minister of Internal Affairs, and, P.Shysholin, Colonel-General, First Deputy Head of the State Border Guards, shall be charged with control over the execution of the Order.

 

5. The Order shall be announced to the personnel of the MIA agencies and units and the State Border Service of Ukraine.

 

6. The Order shall come into force from the day of its official publication.

 

Minister of Internal Affairs of Ukraine

Militia Lieutenant-General

 

 

 

A.Mogiliov

Head, State Border Service of Ukraine

General of the Army

 

 

M.Lytvyn

 

AGREED with:

 

 

 

Head, Security Service of Ukraine

 

V.Kyhoroshkovsky

 

Attorney General of Ukraine

 

O.Medvedko

 

Minister of Foreign Affairs of Ukraine

 

K.Hryshchenko

 

APPROVED

by Ministry of

Internal Affairs of Ukraine,

Administration of the

State Border Service of Ukraine

Order No.552/862

of November 12, 2010

 

Registered with the

Ministry of Justice of Ukraine

on December 8, 201

under No.1226/18521

 

Instructions for the Procedure of Actions

by the Agencies of Internal Affairs and Agencies of

the State Border Guards for the Implementation of the Provisions

of the Agreement between the European Community and Ukraine

on the Readmission of Persons ( 994-851 )

 

1. General Provisions

 

1.1. The present Instructions set out the procedure of actions by the agencies of internal affairs and agencies of the State Border Guards for the implementation of the provisions of the Agreement between the European Community and Ukraine on the Readmission of Persons ( 994-895 ) (hereinafter ? Agreement).

1.2. The present Instructions have been designed in accordance with the Constitution of Ukraine ( 254k/96-VR ), The Code of Administrative Offenses of Ukraine ( 80731-10-10, 80732-10), the laws of Ukraine On Ukrainian Citizenship ( 2235-14 ), On the State Border Service of Ukraine ( 661-15 ), On Border Control ( 1710-17 ), On the Legal Status of Foreigners and Stateless Persons ( 392912 ), Model Statute of the Points of Temporary Stay of Foreigners and Stateless Persons who Stay Illegally in Ukraine, approved by Cabinet of Ministers of Ukraine Regulation No.1110 of July 17, 2003 ( 1110-2003-p ), Rules of Entry of Foreigners and Stateless Persons into Ukraine, their Departure from Ukraine and Transit through its Territory, approved by Cabinet of Ministers of Ukraine Regulation No.1074 of December 29, 1995 ( 1074-95-p ), as well as the international rules and standards that define the rights and freedoms of this category of persons.

1.3. The terms used in the present Instructions shall have the following meaning:

competent agencies of Ukraine ? the Ministry of Internal Affairs, Administration of the Border Service of Ukraine, and the Ministry of Foreign Affairs of Ukraine;

competent agency of an EU member state ? any agency of one of the EU member countries entrusted to implement the Agreement ( 994_851 );

accelerated readmission procedure ? readmission of a person apprehended in a border region of Ukraine or a European Community member state within 48 hours from the moment of illegal crossing of the state border (seaports and airports included) by such person directly from the territory of a EU member state or Ukraine;

standard readmission procedure ? readmission of a person to which may not be applied the accelerated readmission and which does not meet the operative conditions of entry into the territory of an EU member state or Ukraine, or stay in it, or ceased to meet such conditions, and about which it became known to the competent agencies of this state within not more than one year;

authorized person ? a person appointed manager (his deputy) of an authorized agency of Ukraine for performing actions specified in these Instructions;

authorized agencies of Ukraine ? main MIA directorates (directorate) in the Autonomous Republic of Crimea, in the oblasts, cities of Kyiv and Sevastopol, on railroads (hereinafter (MIAMD, MIAD) and their units, agencies of the state border guards and their units.

1.4. Powers of the competent agencies of Ukraine and authorized agencies of Ukraine:

1.4.1. Ministry of Internal Affairs of Ukraine, the MIAMD and MIAD shall carry out the following:

?   readmission under standard procedure of citizens of Ukraine, EU member states, third countries and stateless persons, who at the moment of entry into the territory of an EU member state directly from the territory of Ukraine or into the territory of Ukraine directly from the territory of a EU member state had a valid residence authorization or visa in accordance with subitems b) and c) of Article 3, subitems a) and b), item 3 of Article 7 of the Agreement ( 994_851 );

?   readmission in error in accordance with Article 4 of the Agreement ( 994_851 );

?   transit operations by land vehicles in accordance with articles 10 and 11 of the Agreement ( 994_851 );

1.4.2. The agencies of the State Border Guards shall carry out the following:

?   readmission of persons under accelerated procedure;

?   readmission under standard procedure of citizens of third countries and stateless persons, who illegally entered the territory of an EU member state directly from the territory of Ukraine or into the territory of Ukraine directly from the territory of a EU member state in accordance with subitem a) of Article 3, subitems a) and b), item 1, and item 2 of Article 7 of the Agreement ( 994_851 );

?   readmission in error in accordance with Article 4 of the Agreement ( 994_851 );

?   transit operations by air and sea craft in accordance with articles 10 and 11 of the Agreement ( 994_851 ).

 

1.4.3. The diplomatic missions and consular posts of Ukraine abroad shall interview and document, when necessary, Ukrainian citizens and in response to the applications in writing of competent agencies of Ukraine or authorized agencies of Ukraine provide information for the issue of visas to foreign citizens or stateless persons for entry into Ukraine and transit through its territory.

 

1.5. The procedure of readmission of persons shall begin from the moment an application for the readmission of a person is received and registered and last throughout the time specified in Article 8 of the Agreement ( 994_851 ), and carried out at the state border checkpoint in accordance with the Agreement, implementing protocols and the present Instructions.

1.6. Upon receipt of an application for readmission of a person by a competent agency of an EU member state:

?     1.6.1. The Ministry of Internal Affairs of Ukraine shall register and execute it and provide a reply without delay, but not more than within 14 calendar days ? in case of standard procedure, transit and readmission in error.

?     16.2. The agencies of the state border guards and their units shall register and execute it and provide a reply without delay, but not more than within 2 days ? in case of accelerated procedure.

 

1.7. Upon receipt of an application for readmission of a person by a competent agency of Ukraine, the latter shall register and execute it within five calendar days, and under accelerated procedure ? within one working day.

 

1.8. Proceeding from the results of examination of the application, a competent agency of Ukraine or an authorized agency of Ukraine shall provide a reply to the initiator of the application about the following:

?     consent or refusal (with stated reasons for refusal) of readmission of a person;

?     agreement or statement of the date, hour and place of readmission of a person, as well as other information required for regulating the procedure of readmission, at the time specified in items 1.6 and 1.7 of Section I of the present Instructions.

 

1.9. If there are legal or practical obstacles for providing a timely reply, the time for the consideration of an application for readmission of a person may be extended up to 30 calendar days on the basis of a duly motivated application in case of a standard readmission procedure.

 

1.10. On the basis of a duly motivated application by a competent agency of Ukraine or an authorized agency of Ukraine and upon the consent of a competent agency of an EU member state the time limit for replying to an application for the readmission of a person may be extended by one working day in case of accelerated readmission procedure.

 

1.11. If within the time referred to in items 1.8-1.10 of Section I of the present Instructions the reply has not arrived, it shall be considered that the consent for readmission by an EU member sate has been received.

 

1.12. Border control and other types of state control and passage of persons across Ukraine?s state border within the framework of the Agreement ( 994_851 ) shall be exercised in accordance with operative legislation of Ukraine.

 

1.13. The administrative apprehension of a person under a readmission procedure shall be notified in writing to a public prosecutor by an authorized agency of Ukraine within twenty-four hours from the moment of apprehension of such person.

 

II Procedure of Actions by Competent and Authorized Agencies

that Carry out Readmission of Persons

 

2.1. The Ministry of Internal Affairs and the agencies of internal affairs shall:

?   1.4.2. upon receipt of a written application for readmission of a person from a competent agency of an EU member state, register it under binding condition and identify the tasks of the authorized person of a competent agency of Ukraine and an authorized agency of Ukraine.

 

2.1.2. The authorized person of a competent agency of Ukraine shall:

?   take measures to verify the information stated in the application for readmission of a person by checking the records of the Ukrainian Bureau of the Interpol, the information units of MIAMD, MIAD and State Border Service in order to clarify the reason for rejecting entry into Ukraine?s territory;

?   coordinate the actions of the authorized agency of Ukraine as regards the verification of the information and participation in the readmission measures;

?   prepare a reply to the application for readmission of a person by a competent agency of an EU member state that was the initiator of such application.

 

2.1.3. Upon receipt of an application for readmission of a person from a competent agency of Ukraine, the manager (his deputy) of an authorized agency of Ukraine shall examine it and identify the tasks of the authorized person.

 

2.1.4. The authorizer person of the authorized agency of Ukraine shall process the application by:

?   checking the person in the records of the address-inquiry bureau and in other records of the directorates (departments) for citizenship, immigration and registration of natural persons (hereinafter ? D[Dpt]CIRNP);

?   confirming the registration of the person?s residence address, receipt of passport of a Ukrainian citizen, and a passport of a Ukrainian citizen for travel abroad;

?   confirming/negating Ukrainian citizenship;

?   checking information whether the person was issued documents for permanent residence abroad.

 

2.2. The manager (his deputy) of an authorized agency of Ukraine shall not later than one day prior to readmission inform the manager of a respective agency of the state border guards in writing about the date, number of persons to be readmitted and escorting them, type, number and validity period of the travel documents for readmission, numbers of passports valid for crossing the state border, escorting persons, type and license plate number of vehicle arriving at the specified border checkpoint on the state border.

 

2.3. The agencies of the state border guards and their units:

?      2.3.1. Upon receipt of the application for readmission of a person from a competent agency of an EU member state, the manager of the agency of the state border guards or a person performing his duties shall consider the application and identify the tasks for processing it by a respective unit (authorized person) of the agency of the state border guards.

If the application arrives at a border service department, it shall be promptly forwarded for consideration to the agency of the state border guards and reported through the channels of command and along the line of the service control center.

?      2.3.2. The authorized person shall process the application and check the provided information with the use of an information base. In order to clarify the information, the application shall be forwarded to the following:

-      Security Service of Ukraine to check the information in the interests of ensuring Ukraine?s security and protecting the rights and legitimate interests of Ukrainian citizens as well as other persons residing in Ukraine;

-      Ministry of Foreign Affairs of Ukraine to establish facts of issue of visas to foreign citizens and stateless persons for entry into Ukraine and transit through its territory;

-      Ministry of Internal Affairs to check the person according to the records of the D[Dpt]CIRNP;

Proceeding from the results of examinations, the authorized person shall report to the manager of the agency of the state border guards or the person performing his duties the proposals on the merits of the application, draft a reply and after making a decision forward the reply to a competent agency of an EU member state.

?      2.3.3. After forwarding a positive reply to a competent agency of an EU member state, the authorized structural unit (authorized person) of the agency of the state border guards shall take measures for the preparation and execution of the readmission procedure. For this purpose the manager of the agency of the state border guards or the person performing his duties shall sign an order for the readmission of the person (persons) and instruct the members of the readmission group.

In the Order shall be stated the date, place and time or readmission, its type and procedure, admission or transfer, citizenship, surname, name and patronymic, type and number of the person?s documents for readmission, reasons for readmission, surname, name and patronymic of the members of the readmission group (group leader, expert, medical worker, and other specialists), provision of vehicles, and report on the results of the readmission.

?      2.3.4. The procedure of readmission shall be executed at the state border checkpoints on the territory of the requesting state or on the territory (place) agreed upon between the competent or authorized agencies of the Parties.

?      2.3.5. Upon arrival of a readmission group at the specified state border checkpoint, the group leader shall specify the interaction with the manager of the border service department to ensure the execution of procedural measures of readmission, exercise of border region and other types of control and passage across the state border of the readmission group and the persons subject to readmission.

?      2.3.6. At the specified time the readmission group leader shall meet at the border line with a representative of the competent agency of a neighboring EU member state (in case of readmission at the checkpoints for motor vehicles), after which the readmission group members shall proceed to the specified place for readmission.

?      2.3.7. During the readmission process the authorized agency of Ukraine shall examine the material received from the competent agency of an EU member state concerning the person to be readmitted and check whether the evidence of this person conforms with the information presented in the material. For this purpose the authorized person of the readmission group shall interview the person to be readmitted, and in case of administrative apprehension of the purpose make a search of the person and of his belongings and take away documents under the procedure set out in articles 264 and 265 of the Code of Administrative Offenses of Ukraine ( 80732-10 ), of which a protocol shall be drawn up, and also inquire about the person?s status of health.

?      2.3.8. Proceeding from the results of the readmission procedure, a statement of admission-transfer (hereinafter ? Statement) shall be drawn up, as presented in the Annex to the present Instruction, for each readmitted person in two copies that are signed by the group leader and experts (the first copy of the Act shall be handed over to the representatives of the neighboring EU member state, while the second copy shall be recorded by the authorized unit of the agency of the state border guards).

In case of readmission at the state border checkpoints for air, rail or sea travel, the Statement ? with allowance for the requirements of item 3.2, Section II of the present Instructions ? shall be signed by the authorized person of a competence agency of Ukraine and a representative escorting and delivering the readmitted person.

To the Statement shall be attached the documents specified in annexes 1-4 to the Agreement ( 994-851 ), material values, personal belongings and other documents regarding the person.

?      2.3.9. After border and other types of state control, the composition of the group and the readmitted person, in case of their apprehension in a vehicle under administrative procedure, shall be brought to the agency of the state border guards, after which the admitted person shall be placed in a temporary detention point (hereinafter ? TDP) for the performance of respective administrative and procedural actions in accordance with the Instructions for the Procedure of Detention of Persons apprehended by the agencies of the State Border Service of Ukraine under administrative procedure for violating legislation on the state border of Ukraine and for suspicion of committing offenses, as approved by Administration of the State Border Service of Ukraine Order No.494 of June 30, 2004 ( z0886-04 ) and registered with the Ministry of Justice of Ukraine under No.886/9485 on July 15, 2004.

?      2.3.10. Proceeding from the results of readmission execution, the group leader ? in a report to which is attached the material executed during the readmission ? shall give an account of his actions to the manager of the agency of the state border guards or a person replacing him as well as along the line of the service control center.

?      2.3.11. The accounting of the readmitted persons shall be carried out by the authorized unit of the agency of the state border guards, the department of state border service and along the line of the service control center.

?      2.3.12. Representatives of the operational search units of the agencies of the state border guards and the regional agencies of the Security Service of Ukraine may conduct interviews with the readmitted persons in accordance with Article 8 of the Law of Ukraine On Operational Search Activity ( 2135-12 ). For this purpose they shall be informed by the service control center of the agency of the state border guards about the date, time and point of readmission.

?      2.3.13. The manager of the agency of the state border guards or a person performing his duties may entrust the readmission of a person to a department of the border service with allowance for the requirements of subitem 2.3.3, item 2.3, Section II of the present Instructions.

?      2.3.14. If the readmission procedure is carried out by a department of the border service, the department manager shall specify in the operational plan the composition of a group, regime and other measures for ensuring the readmission of persons with allowance for the requirements of subitem 2.3.7 and 2.3.8, item 2.3, Section II of the present Instructions.

The results of the readmission procedure shall be telegrammed to the manager of the agency of the state border guards, reflected in the report of the guard detail shift superior, and relayed along the line of the service control center. The report of the authorized person who carried out the readmission, along with the material of readmission, shall be forwarded to the agency of the state border guards at the time specified in the Order.

 

2.4. If a person, the readmission of which is being coordinated, notifies the authorized agency about the circumstances specified in subitems a) and b), item 4 of Article 10 of the Agreement

( 994-851 ), their examination shall be carried out. The results of the examination shall be stated in a decision on the expulsion of a foreigner of stateless person beyond Ukraine, and in case the existence of such circumstances is confirmed, readmission shall not be carried out until their termination.

III. Actions of the Authorized Agencies during the

Readmission of a Person at the State Border Checkpoints

 

3.1. If readmission is carried out by agencies of internal affairs, the manager of an agency of the state border guards ? upon receipt of written information from the agencies of internal affairs about readmission ? shall send to the manager of a respective border service department a telegram as to attaching to the readmission group representatives of the agencies of internal affairs and assisting them in the readmission of a person. In the telegram shall be stated the information about the date, time, surname, name and patronymic of the person to be readmitted (admitted or transferred), type, number and validity period of the document for readmission, surname, name and patronymic of the persons escorting him, the type, numbers of their passports valid for crossing the state border, as well as the type and license plate number of the vehicle arriving at the specified border checkpoint on the state border.

 

3.2. Upon receipt of the telegram from the manager of the agency of the state border guards, the manager of the border service department shall prepare for the participation in the readmission in accordance with subitems 2.37 and 2.3.8, item 2.3, Section II of the present Instructions.

 

3.3. Upon arrival of the representatives of the internal affairs agency to the specified state border checkpoint, the manager of the border service department or his deputy shall check the powers of the officials in accordance with the telegram of the manager of the agency of the state border guards and the presented documents, the availability of documents for the right to cross the state border, and specify the interaction during the readmission.

 

3.4. Upon completion of the readmission procedure, a Statement in three copies for each persons shall be drawn up, signed by the group managers of the parties and each participant in the readmission group, and followed by border, customs and other types of state control relative to the readmitted person (persons) (the first copy of the Statement shall be handed over to the representatives of a neighboring EU member state, the second copy to the representative of the internal affairs agency, and the third recorded by the authorized unit of the agency of the state border guards). To the Statement shall be attached the documents specified in annexes 1-4 to the Agreement ( 994_851 ), material values, personal belongings and other documents regarding the person.

 

3.5. After the exercise of all types of state control, the internal affairs agency shall deliver and place the admitted persons to a point of temporary stay of foreigners and stateless persons who stay illegally in Ukraine (hereinafter ? PTSF) in accordance with the Model Statute of Points of Temporary Stay of Foreigners and Stateless Persons who Stay Illegally in Ukraine, approved by Cabinet of Ministers of Ukraine Regulation No.1110 of July 17, 2003 ( 1110-2003-p ),

 

3.6. Proceeding from the results of executing the readmission procedure by the internal affairs agency, the department manager of the border service shall take measures stipulated in paragraph 2, subitem 2.3.14, item 2.3, Section II of the present Instruction.

 

IV. Final Provisions

 

4.1. For each person, the readmission of which has been agreed, a personal history shall be drawn up, to which the following shall be attached: application for readmission of the person and reply to it, material of examination, protocol of border-representative meeting, Statement with attached documents and their copies, protocol of search of the person, his belongings and documents (if any) that had been taken away from him, status of health certificate, copies of documents of the competent agencies of an EU member state, explanations of the readmitted person as well as other documents.

 

4.2. In accordance with item 3, part 4, Article 50 of the Code of Administrative Court Proceedings ( 2747-15 ) and part 5, Article 32 of the Law of Ukraine On the Legal Status of Foreigners and Stateless Persons ( 392912 ), the agencies of internal affairs and the agencies of the state border guards shall within their competence promptly file with an administrative court an action for the apprehension and forced expulsion of a readmitted person from Ukraine.

 

4.3. Pursuant to the decision of an administrative court on the apprehension and forced expulsion of a readmitted person an authorized agency of Ukraine that applied to a court shall deliver and place the person in a PTSF in compliance with the Statute of the Points of Temporary Stay of Foreigners and Stateless Persons who Stay Illegally in Ukraine, as approved by Ministry of Internal Affairs of Ukraine Order No.390 of October 16, 2007 ( z1268-07 ) and registered with the Ministry of Justice of Ukraine under No.1268/14535 on November 14, 2007.

The PTSF administration shall take measures to identify and expulse the detained persons beyond the territory of Ukraine.

4.4. If within three month after the readmission of a person it shall be established that the requirements set out in articles 2 and 3 of the Agreement ( 994_851 ) have not been met, a competent agency of Ukraine shall apply the procedural provisions stipulated in Article 4 of the Agreement.

 

4.5. All the expenses incurred in connection with the readmission and transit in accordance with the Agreement ( 994_851 ) as well as the expenses of the requested party for the transportation and maintenance related to the return of persons in accordance with Article 4 of the Agreement shall be borne in accordance with Article 12 of the Agreement.

 

4.6. The readmitted persons shall be recorded by the following competent agencies of Ukraine:

4.6.1. State Border Service of Ukraine:

?   at state border checkpoints ? by the state border inspectors  with the assistance of ITS?Hart-1/P computerized border control complexes?;

?   at agencies of the state border guards ? by the officials units for readmission, work with foreigners and administrative implementation with the assistance of ITS?Hart-5? within the scope of their powers;

4.6.2. Ministry of Internal Affairs of Ukraine:

?   by employees of the MIAMD and MIAD agencies for citizenship, immigration and registration of natural persons by drawing up and forwarding to the MIAMD and MIAD information units accounting records (alphabetic cards, fingerprint identification cards and photographs).

 

4.7. The information about the readmitted persons shall be reflected in the daily summaries along the line of the service control centers.

 

4.8. The competent agencies of Ukraine shall mutually exchange information about the readmitted persons once every six months.

 

4.9. The protection and transmission of data about the readmitted persons shall be carried out in a manner and under the conditions specified in Article 13 of the Agreement ( 994_851 ).

 

4.10. Control over the status of execution of the Agreement ( 994_851 ) shall be exercised within the scope of their competence by the Ministry of Internal Affairs of Ukraine, internal affairs agencies, the Administration of the State Border Service of Ukraine as well as the regional directorates not less than once a quarter during the work in the agencies of the state border guards, while for the representatives agencies of the state border guards it shall be every month during the work in the subordinate units.

 

Director, MIA State Department for Citizenship, Immigration and Registration of Natural Persons

Militia Colonel

 

 

 

 

Y. Mamonov

First Deputy Director

Department for State Border Guards ?

Manager for Work with Foreigners, Investigation and Administrative Implementation

Major-General

 

 

 

 

 

B.Marchenko

 

Annex to

Instructions for the Procedure of Actions by the Agencies of Internal Affairs and Agencies of the State Border Guards for the Implementation of the Provisions of the Agreement between the European Community and Ukraine on the Readmission of Persons

   
     
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