Decree of the President of Ukraine

DECREE OF THE PRESIDENT OF UKRAINE No. 405/2011

Issues of the State Migration Service of Ukraine

1. To approve the Regulation on the State Migration Service of Ukraine (added hereto).

2. The Ministry of Internal Affairs of Ukraine, the Ministry of Culture of Ukraine, the State Committee of Ukraine on Nationalities and Religions shall ensure the proper performance of the functions belonging to the designated authorities until the entry into force of this Decree and submitted to the authority of the State Migration Service of Ukraine until the establishment of the system of its organs is complete.

3. Prior to legal regulation of organization and functioning of the State Migration Service of Ukraine:

in order to ensure the fulfillment by the State Migration Service of Ukraine the tasks set upon it on the realization of the state policy in the sphere of combating irregular migration, as well as bringing to administrative liability for violation of legislation on registration of natural persons, issuance of documents that prove identity and certify citizenship, to establish at the Ministry of Internal Affairs of Ukraine the Militia Unit for Migration Control with the total maximum quantity of 1500 employees, functionally subordinating it to the State Migration Service of Ukraine.

To establish that:

The Militia Unit for Migration Control of the Ministry of Internal Affairs of Ukraine shall be funded through the state budget for the current year for implementation of measures to combat irregular (illegal) migration as well as other funds provided to the State Migration Service of Ukraine;

The structure, staff and budget estimate of the Militia Unit for Migration Control of the Ministry of Internal Affairs of Ukraine shall be approved by the Ministry of Internal Affairs of Ukraine as agreed with the Head of the State Migration Service of Ukraine;

The Head (Deputy Head) of the Militia Unit for Migration Control of the Ministry of Internal Affairs of Ukraine and the heads of its structural subdivisions shall be appointed and dismissed by the Minister of Internal Affairs of Ukraine as agreed with the Head of State Migration Service of Ukraine. Other employees of the Militia Unit for Migration Control and its territorial authorities shall be appointed and dismissed by the procedure approved by joint order of the Ministry of Internal Affairs of Ukraine and the State Migration Service of Ukraine;

The officers of the migration control militia of the Ministry of Internal Affairs of Ukraine shall be subject to the Law of Ukraine ?On Militia? and the Resolution on the Service of Officers and Management Staff of the Internal Affairs Bodies, approved by the Cabinet of Ministers of USSR of 29 July 1991, No. 114;

The Regulation on the Militia Unit for Migration Control of the Ministry of Internal Affairs of Ukraine shall be approved by joint order of the Ministry of Internal Affairs of Ukraine and the State Migration Service of Ukraine.

4. The Cabinet of Ministers of Ukraine within the period of one month shall:

resolve the issue of allocation and material and technical support of the State Migration Service of Ukraine;

resolve the issue of transfer in the prescribed procedure to the management of the State Migration Service of Ukraine, establishments and institutions necessary to ensure fulfillment of its functions;

submit proposals in the prescribed procedure    on the legislative regulation of organization and activity of the State Migration Service of Ukraine;

bring its resolutions in compliance with this Decree.

5. The Council of Ministers of the Autonomous Republic of Crimea, Oblast, Cities of  Kyiv and Sevastopol, regional, district in the Cities of Kyiv and Sevastopol State Administrations within the period of two months shall take measures within the scope of their competence to ensure the functioning of territorial authorities and units of the State Migration Service of Ukraine.

6. To recommend local authorities of self-government to assist in ensuring the functioning of territorial authorities and units of the State Migration Service of Ukraine.

7. To declare as null and void:

Article 2 of the Decree of the President of Ukraine dated March, 27 2001 No. 215 "Issues of Implementation of the Law of Ukraine "On Citizenship of Ukraine?;

Article 1 of the Decree of the President of Ukraine dated August 7, 2001 No. 596 "Issues of Implementation of the Law of Ukraine "On Immigration".

8. This Decree shall take effect from the day of its publication.

The President of Ukraine Viktor Yanukovych

April, 6 2011


APPROVED

By the Decree of the President of Ukraine

Dated April, 6 2011 No. 405/2011

REGULATION

On the State Migration Service of Ukraine

1. The State Migration Service of Ukraine (the SMS of Ukraine) is a central body of executive power, whose activity shall be directed and coordinated by the Cabinet of Ministers of Ukraine via the Minister of Internal Affairs of Ukraine (hereinafter - the Minister).

The SMS of Ukraine shall be a part of the system of executive power authorities and shall be formed to implement the state policy in the sphere of migration (immigration and emigration), including combating irregular (illegal) migration, citizenship, registration of natural persons, refugees and other categories of migrants defined by the legislation.

2. The SMS of Ukraine shall be governed by the Constitution and laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, decrees of the Ministry of Internal Affairs of Ukraine (hereinafter ? the Ministry), other legislative acts of Ukraine, instructions of the President of Ukraine and the Minister, as well as this Regulation.

3. The main tasks of the SMS of Ukraine shall be:

making proposals on state policy on migration (immigration and emigration), including irregular (illegal) migration, citizenship, registration of natural persons, refugees and other categories of migrants defined by the legislation;

implementation of state policy on migration (immigration and emigration), including combating irregular (illegal) migration, citizenship, registration of natural persons, refugees and other categories of migrants defined by the legislation.

4. The SMS of Ukraine in accordance with its tasks shall:

1) summarize the practice to apply legislation on matters within its competence, develop proposals on improvement of legislative acts, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, normative legal acts of ministries and in accordance with the prescribed procedure submit them for approval of the Minister and introduce in accordance with the prescribed procedure to the Cabinet of Ministers of Ukraine for consideration;

2) analyze the migration situation in Ukraine, problems of refugees and other categories of migrants, develop current and long-term projections of the defined issues;

3) perform proceedings within its competence to acquire / refuse from the citizenship of Ukraine and submit correspondent documents for consideration to the Commission on Citizenship under the President of Ukraine, as well as ensure implementation of the decisions of the President of Ukraine on citizenship;

4) make in accordance with the legislation decisions to establish belonging to the citizenship of Ukraine, processing the acquiring of the citizenship of Ukraine and its cancellation;

5) prepare proposals to define the immigration quota for the calendar year;

6) make decisions on an immigration permit, refusal to grant and cancellation of such permit;

7) participate in accordance with the legislation in matters of labour migration and issues related to education of foreigners and stateless persons in Ukraine;

8) provide processing and issuance of invitations for entry to Ukraine to foreigners and persons without citizenship, documents for temporary or permanent residence in Ukraine, as well as travel abroad, student tickets for students from a number of foreigners and stateless persons, withdraw these documents and put a record in the documents, identifying the person of foreigners and stateless persons, on the prohibition of entry into Ukraine in cases prescribed by legislation;

9) make decisions to reduce the duration of stay of foreigners and stateless persons in Ukraine, deportation, including compulsory deportation, of foreigners and stateless persons from Ukraine, prohibition of entry to Ukraine to foreigners and stateless persons, take measures related to deportation of foreigners and stateless persons from Ukraine;

10) provide processing and issuance to citizens of Ukraine permanently residing in Ukraine, of documents that prove identity and certify citizenship, restrain the issuance and withdraw the documents in cases prescribed by legislation;

11) perform the identification of citizens of Ukraine who have lost documents identifying a person;

12) request the development of the State Information System for Registration of Natural Persons and their Documentation;

13) execute functions of the requester in developing samples, production and supply of passport blank forms and other documents identifying a person;

14) collect, analyze and summarize information on the availability in the countries of origin of refugees and asylum seekers of other forms of protection in Ukraine of the conditions under which such protection shall be provided;

15) make decisions on granting, loss, deprivation and withdrawal of refugee status and other forms of protection in Ukraine;

 16) take measures within its competence to promote the rights of refugees and other categories of migrants;

17) perform processing and issuance of refugee identity card, document identifying a person granted other forms of protection in Ukraine, as well as other documents prescribed by legislation of Ukraine for these categories of persons;

 18) ensure operation of centers for temporary accommodation of refugees and temporary residence of foreigners and stateless persons, illegally staying in Ukraine;

19) provide the identification of refugees and persons seeking protection in Ukraine, as well as foreigners and stateless persons who have lost documents identifying a person;

20) perform registration/remove registration of place of residence/temporary residence of natural persons, conduct corresponding registration records;

21) provide information as prescribed by legislation to the State Registrar of Voters and the State Tax Service of Ukraine;

 22) ensure the development of the central, regional and local databases of personal data of natural persons in cases prescribed by law, as well as other databases, the development of which is necessary for the performance of the tasks of the SMS of Ukraine;

23) take measures in accordance with the law to prevent and combat irregular (illegal) migration, and other violations of migration legislation;

24) perform international cooperation, participate in development of projects and entering into the international treaties of Ukraine on citizenship, migration, refugees, persons who need other forms of protection, registration of natural persons and readmission, provide within its competence realization of international treaties concluded by Ukraine;

25) perform in accordance with law the state control of legislation application on migration (immigration and emigration), including combating irregular (illegal) migration, citizenship, registration of natural persons, refugees and other categories of migrants defined by legislation, and in cases prescribed by the legislation bring perpetrators to administrative liability;

26) establish, liquidate, reorganize establishments, institutions and organizations, adopt their regulations (statutes), in the prescribed order appoint and dismiss their executives, form personnel reserve for the posts of executives of establishments, institutions and organizations belonging to the sphere of management of the SMS of Ukraine; 

27) perform within the competence other functions of management of public property objects belonging to its sphere of control;

28) form the state request for specialist training in the relevant area;

29) perform other law application and law enforcement functions on the basis and pursuant to the Constitution and laws of Ukraine;

30) exercise other powers on the basis of and pursuant to the Constitution and laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine.

5. The SMS of Ukraine with the aim of organization of its activity shall:

1) provide within its competence the implementation of measures to prevent corruption and control over their implementation in the office of the SMS of Ukraine, chief departments (departments) of migration service in the Autonomous Republic of Crimea, oblasts, Cities of Kyiv and Sevastopol (hereinafter - the territorial authorities), departments, divisions (sectors) of migration service in regions, in city districts, cities of oblast, national (of the Autonomous Republic of Crimea) status (hereinafter - the territorial units), establishments, institutions and organizations belonging to the sphere of its management;

2) exercise in the prescribed order recruitment of staff in the SMS of Ukraine and executive positions in its territorial authorities and territorial units, establishments, institutions and organizations that belong to the sphere of its management, form in the prescribed order personnel reserve to corresponding positions, organize the activity on training, retraining and raising qualification of public servants, staff members of the SMS and its territorial authorities and territorial units;

3) control the activity of the territorial authorities and territorial units of the SMS of Ukraine;

4) organize planned financial activity in the office of the SMS of Ukraine, its territorial authorities, establishments, institutions and organizations belonging to the sphere of its management, perform control over the use of financial and material resources;

5) organize consideration of requests of the citizens on matters relating to the activity of the SMS of Ukraine, its territorial authorities and territorial units, establishments, institutions and organizations within the sphere of its management;

6) ensure within its competence the implementation of state policy on national security information, control over its storage in the office of the SMS of Ukraine;

7) provide within its authority the implementation of tasks on mobilization training and mobilization readiness of the state;

8) organize the records and archives in the office of SMS of Ukraine in accordance with the established standards.

6. The SMS of Ukraine to perform its tasks shall have the right to:

1) engage scientists and experts (upon their consent), staff of the central and local authorities of the executive power to the execution of selected activity, participation in the research of specific issues;

2) obtain information, documents and materials from state authorities and authorities of local self-government, establishments, institutions and organizations of all forms of ownership, and their officers;

3) prepare meetings, settle commissions and working groups;

4) use relevant information databases of public authorities, public, including governmental, communication systems and communication networks, networks of specialized communication and other technical means;

5) conduct inspections of authorities of the executive power, citizens, establishments, institutions and organizations on the state of compliance with the legislation on migration (immigration and emigration), citizenship, registration of natural persons, refugees and other categories of migrants defined by the legislation and make proposals for eliminating the causes for violation of these requirements.

7. The SMS of Ukraine shall exercise its powers directly and through chief departments (departments) of migration service in the Autonomous Republic of Crimea, Cities of Kyiv and Sevastopol, departments, divisions (sectors) of migration service in regions, city districts, in cities of oblast and national (of the Autonomous Republic of Crimea) status.

The SMS of Ukraine shall exercise its authority in fulfillment of tasks on implementation of the state policy in combating irregular migration, as well as in bringing to administrative liability for violation of legislation on registration of natural persons, issuance of documents proving identity and certifying citizenship, either directly or through the Militia Unit for Migration Control of the Ministry.

8. The SMS of Ukraine in fulfillment of its tasks shall in the prescribed order interact with other authorities of executive power, supporting agencies and services, organized by the President of Ukraine, local authorities of self-government, relevant authorities of foreign states and international organizations, trade unions and employers' organizations, as well as establishments, institutions and organizations.

9. The SMS of Ukraine within its authority on the basis of and pursuant to the Constitution and laws of Ukraine, acts and instructions of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, decrees of the Ministry and instructions of the Minister shall issue decrees of organizational and administrative nature that shall be signed by the Head of the SMS of Ukraine.

10. The SMS of Ukraine shall be headed by the Head, who shall be designated to the post and dismissed from the post upon submission of the Prime Minister of Ukraine, on the basis of proposal of the Minister, by the President of Ukraine.

The Head of the SMS of Ukraine shall:

1) be in charge of the SMS of Ukraine, provide management of its activity;

2) ensure the implementation by the SMS of Ukraine, its territorial authorities and territorial units of the Constitution and laws of Ukraine, acts and instructions of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, decrees of the Ministry, instructions of the Minister, revoke the decisions of the territorial authorities and territorial units of the SMS of Ukraine;

3) introduce proposals to the Minister regarding the formation of state policy in the sphere of migration (immigration and emigration), including combating irregular (illegal) migration, citizenship, registration of natural persons, refugees and other categories of migrants defined by the legislation, and draft laws developed by the SMS of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine;

4) accept upon the agreement of the Minister approved at the board meeting the annual work plan of the SMS of Ukraine, activities for implementation of principal objectives and priorities of its activity according to the defined tasks;

5) report to the Minister on the implementation of annual work plan of the SMS of Ukraine and its tasks, the elimination of irregularities and deficiencies identified during inspection of the activity of the SMS of Ukraine, its territorial authorities and territorial units, as well as bringing to responsibility officials guilty of committed violations;

6) submit to the Minister proposals on candidates for the positions of his deputies;

7) approve upon the agreement of the Minister the structure of the SMS of Ukraine, approve regulations on structural units of the SMS of Ukraine office;

8) appoint and dismiss from post heads and deputy heads of the structural units of the SMS of Ukraine office upon the agreement of the Minister, appoint and dismiss other public servants and employees of the SMS of Ukraine office;

9) submit proposals to the Minister regarding establishment within the maximum quantity of the staff of the SMS of Ukraine and funds provided for its maintenance, as well as liquidation, reorganization by the Cabinet of Ministers of Ukraine of territorial authorities of the SMS of Ukraine, which are legal entities, approve the regulations on them;

10) form within the maximum quantity of the staff of the SMS of Ukraine and funds provided for its maintenance, and liquidate, reorganize upon the agreement of the Minister and the Cabinet of Ministers of Ukraine the territorial authorities  as the structural units of the SMS of Ukraine office;

11) approve the structure and maximum quantity of staff for the territorial authorities within the maximum quantity of the staff of the SMS of Ukraine, as well as their personnel list and budget;

12) appoint the heads of territorial authorities of the SMS of Ukraine, as well as their deputies upon the agreement of the Minister and dismiss heads of territorial authorities of the SMS of Ukraine and their deputies;

13) appoint and dismiss heads of territorial units of the SMS of Ukraine as well as their deputies;

14) approve the distribution of duties among his deputies;

15) provide interaction of the SMS of Ukraine with the structural unit of the Ministry, appointed by the Minister to be responsible for the cooperation with the SMS of Ukraine;

16) ensure observance of the procedure defined by the Minister on the exchange of information between the Ministry and the SMS of Ukraine as well as the timeliness of its submission;

17) conduct personal reception of citizens;

18) convene and conduct meetings on issues within the competence;

19) represent in the established order the SMS of Ukraine in relations with other public authorities, authorities of the Autonomous Republic of Crimea, local authorities of self-government, establishments, institutions and organizations in Ukraine and abroad;

20) give obligatory instructions to the public servants and staff of the SMS of Ukraine office, its territorial authorities and territorial units within the framework of its authority;

21) exercise other powers in accordance with the laws and acts of the President of Ukraine.

11. The Head of the SMS of Ukraine shall have two Deputies, including one First Deputy Head.

First Deputy Head, Deputy Head of the SMS of Ukraine shall be appointed by the President of Ukraine upon the submission of the Prime Minister of Ukraine, submitted on the basis of proposal of the Head of the SMS of Ukraine agreed with the Minister.

First Deputy Head, Deputy Head of the SMS of Ukraine shall be dismissed by the President of Ukraine.

12. In order to coordinate the address of the issues within the competence of the SMS of Ukraine, to discuss the crucial points of its activity at the SMS of Ukraine there shall be established a Board comprised of the Head of the SMS of Ukraine (Head of the Board), First Deputy Head and Deputy Head of the SMS of Ukraine, officials of the Ministry designated by the Minister. If necessary, a Head of a structural unit of the SMS of Ukraine or any other person in the prescribed order may become a member of the Board of the SMS of Ukraine.

The decisions of the Board shall be realized by the issuance of a decree of the SMS of Ukraine.

With the aim of consideration of scientific recommendations and holding expert consultations on the crucial points of the activity of the SMS of Ukraine there may be organized permanent or temporary consultative, advisory or any other subsidiary bodies.

 

The decision on organization or elimination of the Board, permanent or temporary consultative, advisory or any other subsidiary bodies, their composition and personnel, regulations on them shall be approved by the Head of the SMS of Ukraine.

13. The staff of the SMS of Ukraine shall have the same uniform with correspondent insignia, that shall be issued free of charge, samples of which shall be approved by the Cabinet of Ministers of Ukraine.

14. The officers of the SMS of Ukraine who perform the task of implementing the state policy in the sphere of combating irregular (illegal) migration, as well as bringing to administrative liability for violation of legislation in the sphere of registration of natural persons, issuance of documents that prove identity and certify citizenship, shall have a right to apply measures of physical influence and other special means in cases and order prescribed by the Law of Ukraine ?On Militia?.

15. The SMS of Ukraine shall use the special mission transport means with the symbols of the SMS of Ukraine, equipped with special light and sound signal devices.

16. The officers of the SMS of Ukraine and members of their families living together with them, shall enjoy medical services in health facilities of the Ministry under the conditions and order prescribed for the officers of internal affairs authorities.

18. The maximum quantity of the public servants and officers of the SMS of Ukraine shall be approved by the Cabinet of Ministers of Ukraine.

The structure of the SMS of Ukraine office shall be approved by the Head of the SMS of Ukraine with the consent of the Minister.

17. The SMS of Ukraine shall be a legal entity, shall have a stamp of the State Emblem of Ukraine and its name, custom forms, accounts in the authorities of the State Treasury of Ukraine.

Personnel arrangements, budget of the SMS of Ukraine shall be approved by the Head of the SMS of Ukraine and upon the agreement of the Ministry of Finance of Ukraine.

Head of the Administration of the President of Ukraine S. LYOVOCHKI

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