Regulation of the Cabinet of Ministers of Ukraine

THE CABINET OF MINISTERS OF UKRAINE

REGULATION

October 12, 2011, #1058-r

Kyiv

On approval of the action plan to implement the State Migration Policy Concept

1. To approve the action plan to implement the State Migration Policy Concept, attached.

2. Ministries, other central executive bodies responsible for implementation of the action plan, approved by this Resolution, the Council of Ministers of the Autonomous Republic of Crimea, Kyiv and Sevastopol city state administrations, the National Academy of Science shall:

ensure the timely implementation of the action plan within the budget allocations of the State Budget of Ukraine for the corresponding year, and from other sources allowed by the law;

annually by February 15, submit information to the State Migration Service (SMS) on the status of the action plan for generalization and submission to the Cabinet of Ministers of Ukraine by March 15.

The Prime Minister of Ukraine                                                        Mykola Azarov  

APPROVED
the Cabinet of Ministers of Ukraine
October 12, 2011, #1058-r

THE ACTION PLAN

to implement the State Migration Policy Concept

1. Establish an interdepartmental commission on formation and realization of state policy in the area of ??migration.

SMS, MIA, MFA, SBGS Administration, Ministry of Social Policy, other central executive bodies, the Security Service, the Higher Administrative Court of Ukraine (by consent), the Ombudsmen of the Verkhovna Rada of Ukraine (by consent).

IV quarter, 2011.

2.  Develop and issue a joint decree on measures of supervision and enforcement of legislation in the area of ??migration.

SMS, SBGS Administration, MIA, Ministry of Social Policy.

I quarter, 2012.

3.  Work to strengthen the role of local administrations in the integration of refugees, people who require additional or temporary protection, foreigners and stateless persons in the Ukrainian society, particularly through the development of appropriate regional programs.

The Council of Ministers of the Autonomous Republic of Crimea, Kyiv and Sevastopol city state administrations.

During 2012.

4.  Take steps to publish a handbook on migration processes in Ukraine.

SMS.

2012-2013.

5.  To monitor performance of a complete set of tasks delegated to the SMS in accordance with the legislation and take the necessary measures to increase efficiency based on the results of monitoring.

MIA, SMS.

Continuously.

6.   Considering the specific needs, develop training programs for the officials of the executive agencies responsible for drafting and implementing state policy in the area of migration, as well as judges regarding their consideration of disputes concerning granting and revoking refugee status, expulsion from Ukraine of foreigners and stateless persons and disputes related to the stay in Ukraine of foreigners and stateless persons.

SMS, MIA, MFA, Ministry of Social Policy, SBGS Administration, the Higher Administrative Court of Ukraine (by consent), National School of Judges (by consent), the National Agency of Civil Service, State Statistics Committee.

H1, 2012.

7.  Conduct training, including abroad, for the officials of the executive agencies responsible for drafting and implementing state policy in the area of ??migration, as well as judges regarding their consideration of disputes on granting and revoking refugee status, expulsion from Ukraine of foreigners and stateless persons and disputes related to their stay in Ukraine.

SMS, MIA, MFA, Ministry of Social Policy, SBGS Administration, the Higher Administrative Court of Ukraine (by consent), the National School of Judges (by consent), the National Agency of Civil Service, State Statistics Committee.

H2, 2012 - 2015.

8.  Train officials of executive bodies responsible for drafting and implementing state policy in the area of ??migration in foreign languages, particularly those used in the countries of high immigration risk.

SMS, MIA, National Agency of Civil Service, Ministry of Social Policy.

2012-2015.

9.  Take steps to properly support SMS with logistics.

MIA, SMS, Ministry of Finance, Ministry of Economy, National Agency of Civil Service.

Continuously.

10.   For the purpose of effectively combating and preventing corruption, provide for the proper functioning of the structural units dealing with internal investigation of unlawful actions of officials of executive bodies responsible for drafting and implementing state policy in the area of ??migration.

SBGS Administration, MIA, SMS, SCS.

Continuously.

11.  Conduct monitoring of accomplishment of tasks delegated to the Ministry of Social Policy in accordance with the laws regarding drafting and realization of state policy on labor migration, to ensure development and implementation of proposals for structural and functional changes, aimed at their effective implementation by the Ministry.

Ministry of Social Policy.

During 2012.

12.  Intensify engagement of the diaspora to address issues of Ukraine?s development.

MFA, SMS, Ministry of Justice, Ministry of Social Policy.

IV quarter, 2011 - 2015.

13. Ensure proper functioning of a database of translators.

SMS, MIA, SBGS Administration, the Higher Administrative Court of Ukraine (by consent), the State Judicial Administration (by consent).

During 2012.

14. Implement electronic document management system in the executive bodies responsible for drafting and implementing state policy in the area of ??migration.

SMS, MIA, Ministry of Social Policy, MFA, Ministry of Finance.

2012-2014.

15. Take steps to improve the functioning of the web sites of executive authorities, responsible for drafting and implementing state policy in the area of ??migration, relevant registers and databases.

SMS, MIA, SBGS Administration, Ministry of Social Policy, MFA, Ministry of Finance.

During 2012.

16. Analyze legislation on freedom of movement and free choice of residence in Ukraine and based on the results, submit to the Cabinet of Ministers of Ukraine proposals concerning improvement of corresponding legislation in due course.

MIA, SMS, Ministry of Justice.

IV quarter, 2011 - 2012.

17. Develop regulations considering the rights of property owners to improve the procedure of registration of the population at the place of residence (stay).

SMS, Ministry of Justice, Ministry of Economic Development, Ministry of regional development, State Statistics Committee, State registration service of Ukraine.

IV quarter, 2011 - 2012.

18. Ensure continuous updating of the national database of vacancies in civil service of the State employment service with the possibility of public access to relevant information through the Internet.

Ministry of Social Policy, Ministry of Economic Development, Ministry of Finance, SMS, MFA, SBGS Administration, Ministry of education, youth and sports.

Continuously.

19. Identify the procedure for the exchange of information between the executive bodies responsible for drafting and implementing state policy in the area of ??migration and ensure that such exchange is effected in due course.

SMS, MIA, MFA, Ministry of Social Policy, SBGS Administration, Ministry of education, youth and sports, State Statistics Committee.

December 2011.

20. Analyze the reasons that lead to imbalances in the territorial distribution of population of Ukraine, and based on its results, provide measures to improve living conditions and improve people's quality of life, prevent unjustified external and internal migration in the State program of economic and social development of Ukraine and in the programs of economic and social development of the Autonomous Republic of Crimea, oblasts, regions and cities for the relevant year.

Ministry of Economic Development, Ministry of regional development, SMS, Ministry of Finance, Ministry of Social Policy, the Council of Ministers of the Autonomous Republic of Crimea, Kyiv and Sevastopol city state administrations.

IV quarter, 2011 - 2015.

21. Work to improve the contracting procedure for graduates of higher education establishments who received training at the cost of the state budget to provide their guaranteed employment after graduation and work in Ukraine.

Ministry of education, youth and sports, Ministry of Social Policy, Ministry of Finance, Ministry of Justice, SMS.

IV quarter, 2011 - 2012.

22. Take measures to intensify signing of international agreements on the regulation of voluntary migration and to protect migrants' rights, including their social security and pensions, in particular:

prepare to ratify the social security agreement with Portugal and the Republic of Estonia.

Ministry of Social Policy, MFA, SMS, MIA.

During 2012;

prepare the social security agreement with Poland, the Federal Republic of Germany and Greece for signing.

Ministry of Social Policy, MFA, SMS, MIA.

IV quarter, 2011 - 2012.

23. Take steps to ratify the Convention for the Protection of Children from Sexual Exploitation and Sexual Abuse.

Ministry of Justice, Ministry of education, youth and sports, MFA.

IV quarter, 2011.

24. Analyze legislation related to the constitutional rights of citizens to social protection irrespective of their place of residence, use its results and develop proposals for amendments to the legislation regarding improvement of state regulation in this area, taking into account the decision of the Constitutional Court of Ukraine of 7 October, 2009, #25-rp/2009, and submit them to the Cabinet of Ministers of Ukraine.

Ministry of Social Policy, other central executive authorities.

IV quarter, 2011 - 2012.

25. Develop a mechanism for exchange of passports of the citizens of Ukraine for travel abroad of the old standard to the new one by the consular offices of Ukraine for the citizens staying.

MFA, SMS, MIA.

IV quarter, 2011 - 2012.

26. Improve the procedure for providing services to the citizens of Ukraine by the consular offices in foreign countries.

MFA.

2012-2015.

27. Develop:

Draft Law of Ukraine "On Foreign Labor Migration"

Ministry of Social Policy, MIA, SMS, MFA, Ministry of Justice, State Statistics Committee.

During 2012;

Draft Resolution of the Cabinet of Ministers of Ukraine "On Amendments to the Resolution of the Cabinet of Ministers of Ukraine of 20 January, 2010, #42".

Ministry of Social Policy, other central executive authorities.

IV quarter 2011.

28. Review the issue of assistance in returning to Ukraine of Ukrainian migrant workers who are seriously ill, the citizens of Ukraine who became victims of crimes abroad, and help the families of those who died outside Ukraine bring their deceased relative to Ukraine and, if necessary, adopt a coordinated decision.

Ministry of Foreign Affairs, Ministry of Social Policy, Health, SMS, Ministry of Justice.

IV quarter 2011 - 2012.

29. Submit proposals to the Cabinet of Ministers of Ukraine on the mechanism of state control for all entities that provide intermediary services in employment abroad in order to establish liability for inadequate provision of such services, as well as suggestions for improvement of legislation regarding activities of business entities that have an appropriate license.

Ministry of Social Policy, MIA, SMS, Ministry of Economic Development, Ministry of Finance, Ministry of Justice, MFA.

IV quarter, 2011.

30. Consider appropriateness of training for the staff of the entities providing intermediary services in employment abroad and having the appropriate license.

Ministry of Social Policy.

During 2012.

31. Analyze the feasibility of introducing a mechanism for preparing citizens for employment abroad by providing them with appropriate assistance in vocational training or retraining, overcoming the language barrier, as well as information about the host country.

Ministry of Social Policy, Ministry of education, youth and sports.

IV quarter, 2011 - 2012.

32. Negotiate signing bilateral agreements on mutual recognition of vocational secondary and higher education diplomas.

Ministry of education, youth and sports, MFA, Ministry of Justice.

2012-2015.

33. Amend the regulations in the part dealing with consular registration of the citizens of Ukraine who work outside Ukraine.

MFA, Ministry of Justice, SMS.

IV quarter, 2011.

34. Ensure cooperation on exchange of information on migrant workers with the recipient countries.

MFA, Ministry of Social Policy.

Continuously.

35. Examine the possibility of establishing resource centers for immigration in order to facilitate legal immigration, protection of Ukrainian immigrants abroad, preventing illegal migration, promotion of voluntary repatriation.

SMS, MFA, Ministry of Social Policy, Ministry of Justice, SBGS Administration.

During 2012.

36. Review the issue of systematic research on migration and if necessary take coordinated decision in due course.

SMS, the National Academy of Science, Ministry of Social Policy, State Statistics Committee, Ministry of Finance.

During 2012.

37. Take measures to increase the number of staff in the consular offices of Ukraine in the states where a significant number of the citizens of Ukraine is residing or temporarily staying, identification of officials in such institutions responsible for addressing issues of migration, human trafficking, monitoring labor market in the countries of residence, providing appropriate explanations to the citizens of Ukraine who are abroad for employment and promotion of their rights in full.

MFA, Ministry of Economic Development, Ministry of Finance, Ministry of Social Policy.

During 2012.

38. Increase public awareness on how to address issues related to employment abroad and risks of labor migration, features of the immigration laws of the recipient countries, including through the use of official websites of interested bodies, creating public service announcements, distribution of printed materials.

Ministry of Social Policy, State Committee for TV and Radio, MFA, the Council of Ministers of the Autonomous Republic of Crimea, Kyiv and Sevastopol city state administrations.

During 2012.

39. Continue cooperation with leading international organizations in the area of regulation of migration processes, in particular with the International Organization for Migration, International Labor Organization, the UN High Commissioner for Refugees and the Council of Europe to exchange experience and implement new projects on the regulation of migration processes.

SMS, Ministry of Social Policy, MFA, Security Service.

Continuously.

40. To ensure further development of cooperation on implementation of state policy on labor migration, including through regular consultations with social partners, NGOs and associations of labor migrants.

Ministry of Social Policy, SMS, MFA.

Continuously.

41. Examine the content and practice of concluding bilateral agreements on labor migration and negotiate the possibility of signing them, including determination of quotas for employment of the citizens of Ukraine to work abroad.

Ministry of Social Policy, SMS, MFA.

IV quarter, 2011 - 2012.

42. Provide permanent monitoring of fulfillment of bilateral international treaties of Ukraine on labor migration and social protection.

Ministry of Social Policy, SMS, MFA.

Continuously.

43. Activate work on concluding international agreements with the countries from which persons deported on ethnic grounds return to Ukraine for permanent residence, with a view to their integration in the Ukrainian society in the shortest possible time.

SMS, MFA, Ministry of Justice.

Continuously.

44. Develop and submit to the Cabinet of Ministers of Ukraine the following draft documents:

The Concepts of the State program to facilitate the return to Ukraine and integration into the Ukrainian society of foreign Ukrainians and persons deported on ethnic grounds.

MIA, SMS, Ministry of Culture, Ministry of Social Policy, MFA, the Council of Ministers of the Autonomous Republic of Crimea, Kyiv and Sevastopol city state administrations.

February 2012;

The State program to facilitate the return to Ukraine and integration into the Ukrainian society of foreign Ukrainians and persons deported on ethnic grounds, the definition of measures to facilitate investments in the national economy by the persons belonging to the above categories.

MIA, SMS, Ministry of Culture, Ministry of Social Policy, MFA, Ministry of Economic Development, State Investment Agency, the Council of Ministers of the Autonomous Republic of Crimea, Kyiv and Sevastopol city state administrations.

July 2012;

The Law of Ukraine "On Amendments to the Law of Ukraine "On Education" in relation to examining distance learning options for children of migrant workers - the citizens of Ukraine, residing abroad with their parents.

Ministry of education, youth and sports, MFA, Ministry of Justice, Ministry of Social Policy.

January 2012.

45. Consider the issue of exemption from some types of customs control of the citizens of Ukraine who were abroad for six months or more and return to Ukraine, and based on the results, develop and submit proposals to the Cabinet of Ministers of Ukraine.

Ministry of Finance, Customs Service, Ministry of Justice, Administration of State Border Service, SMS, MFA, Ministry of Social Policy.

2013.

46. Improve the quality of the procedures granting asylum by reducing their number and duration. Improve accommodation conditions for refugees, build centers for temporary stay of refugees considering their identified needs.

SMS, MIA, MFA, other central executive authorities.

IV quarter, 2011 - 2015.

47. Develop and issue a joint instruction on the procedure of establishing the age of asylum seekers.

SMS, MIA, Ministry of Social Policy, Ministry of education, youth and sports, Administration of State Border Service.

During  2012.

48. Ensure implementation of regulations aimed at protecting domestic labor market, and implement appropriate control.

Ministry of Social Policy.

Continuously.

49. Prepare and submit draft legislation to the Cabinet of Ministers of Ukraine to improve state regulation for protection of domestic labor market.

Ministry of Social Policy, Ministry of Finance, Ministry of Economic Development, Ministry of Justice.

During 2012.

50. Improve methods of data collection on migration, used by public authorities, for the purpose of their unification.

SMS, MIA, Ministry of Social Policy, MFA, SBGS Administration, Ministry of education, youth and sports, State Statistics Committee.

2012-2015.

51. Take steps to create a single national database of migration flows management and ensure the implementation of measures for its operation in due course.

SMS, MIA, MFA, Ministry of Social Policy, SBGS Administration, Ministry of education, youth and sports.

2012-2013.

52. Develop an electronic visa application system for foreigners and stateless persons.

MFA, SMS, SBGS.

2013-2015.

53. Draft legislation to regulate translation of refugee claims into the official language and provision of legal assistance.

MIA, SMS, MFA, Ministry of Justice, Ministry of Finance.

IV quarter, 2011.

54. Draft State Program for promoting integration into the Ukrainian society of migrants, persons granted refugee status in Ukraine, and those who require additional or temporary protection or asylum in Ukraine.

MIA, SMS, Ministry of Social Policy, Ministry of Finance, Ministry of education, youth and sports.

2012-2015.

55. Use international experience and analyze the issue of legalization of foreigners and stateless persons who are illegally residing in Ukraine.

SMS, Ministry of Justice, Ministry of Finance.

IV quarter 2011 - 2012.

56. Organize learning of foreign experience of socio-cultural adaptation of migrants and familiarize interested executive authorities with it.

SMS, MFA, Ministry of education, youth and sports, Ministry of Social Policy, Ministry of Finance, National Academy of Sciences.

IV quarter, 2011 - 2012.

57. Ensure cooperation with international organizations and public associations in the area of providing advice to migrants regarding their social protection.

Ministry of Social Policy, SMS.

Continuously.

58. Organize work to study the official language by migrants and refugees requiring it, develop the necessary curricula and training manuals.

Ministry of education, youth and sports, SMS.

IV quarter 2011 - 2014.

59. Develop training programs and introduce courses to learn the official language and to catch up with the current school curricula for children of migrants and refugees with the purpose of their integration in the learning process in secondary schools in Ukraine.

Ministry of education, youth and sports, SMS.

IV quarter, 2011 - 2014.

60. Improve the mechanism for determining immigrant quotas, in particular by holding regular consultations with employers, identifying labor market needs, enhancing participation of local authorities.

SMS, Ministry of Social Policy.

2012-2014.

61. Consider the possibility of legal employment of foreign university students who study in Ukraine for the period of training under the conditions of temporary employment.

Ministry of Social Policy, Ministry of education, youth and sports, SMS, the Council of Ministers of the Autonomous Republic of Crimea, Kyiv and Sevastopol city state administrations.

IV quarter, 2011 - 2012.

62. Ensure development and implementation of the Action Plan on combating xenophobia, racial and ethnic discrimination in the Ukrainian society.

Ministry of Culture, relevant central executive bodies, other state agencies.

Continuously.

63. Provide public information regarding the features of national culture and lifestyle of the nations, which representatives migrate to Ukraine; eradication of racism and xenophobia, establishing tolerance towards immigrants in the society.

Ministry of Culture, MIA, State Customs, the State Committee, the Council of Ministers of the Autonomous Republic of Crimea, Kyiv and Sevastopol city state administrations.

IV quarter, 2011 - 2012.

64. Ensure dissemination of information among foreigners and stateless persons about the features of national culture, customs, traditions and development of democracy in the Ukrainian society.

Ministry of education, youth and sports, Ministry of Culture, SMS, other interested central executive bodies.

Continuously.

65. Develop training, retraining, professional development programs for law enforcement agencies.

MIA, SMS, Security Service, SBGS Administration.

IV quarter, 2011.

66. Organize meetings, round tables and seminars on cooperation and exchange of information on human rights during the implementation of government policy on migration.

SMS, Ministry of Justice, MIA, Security Service, SBGS Administration.

Continuously.

67. In due course, review the issue of providing assistance to persons granted refugee status in Ukraine or additional or temporary protection or asylum in Ukraine regarding their voluntary return to their country of nationality or previous residence, if such states no longer feature circumstances which led to forced migration, and submit approved proposals to the Cabinet of Ministers of Ukraine.

SMS, SBGS Administration, MFA, Ministry of Justice.

IV quarter, 2011.

68. Review the issue of improving the mechanism for monitoring the availability of financial support among foreigners and stateless persons entering Ukraine, to stay in Ukraine, transit through its territory and travel abroad and, if necessary, develop and submit approved proposals regarding this issue to the Cabinet of Ministers of Ukraine.

SBGS Administration, MFA, SMS, Ministry of Justice, Ministry of Finance.

IV quarter, 2011.

69. Develop and submit to the Cabinet of Ministers of Ukraine the draft law to strengthen accountability for offenses related to illegal migration.

MIA, SMS, Ministry of Justice.

IV quarter, 2011.

70. Using international experience, arrange for separate premises and equip them with technical means, including video-communication system, to conduct court hearings in regional administrative courts of the border regions, the city of Kyiv and Kyiv oblast in order to reduce the duration of court hearings of disputes concerning granting and revoking refugee status, expulsion from Ukraine of foreigners and stateless persons and disputes related to their stay in Ukraine.

SBGS Administration, State Customs Service, the State Judicial Administration (by consent).

2012-2015.

71. Provide adequate funding for costs associated with the use of interpreters during court hearings of disputes concerning granting and revoking refugee status, expulsion from Ukraine of foreigners and stateless persons and disputes related to their stay in Ukraine.

Highest Administrative Court of Ukraine (by consent), the State Judicial Administration (by consent), SMS, SBGS Administration, MIA, Ministry of Finance.

Continuously.

72. Intensify negotiations on signing international agreements on readmission with the countries of migratory risk.

SMS, MIA, SBGS Administration, MFA.

Continuously.

73. Develop a procedure for the voluntary return of foreigners and stateless persons to their countries of origin.

SMS, MIA, MFA, SBGS Administration.

IV quarter, 2011-2013.

74. Improve the procedure for expulsion of foreigners and stateless persons from Ukraine in accordance with the international standards of human rights protection.

SMS, MIA, MFA, SBGS Administration, Security Service.

2012-2013.

75. Develop an action plan for combating various forms of human trafficking and providing assistance to persons, including women and children who became victims, until 2015.

Ministry of Social Policy, Ministry of education, youth and sports, MIA, SMS, Ministry of Justice, Ministry of Finance.

In two months after the adoption of the Law of Ukraine "On Combating Human Trafficking."

76. To establish a network of centers for temporary stay of foreigners and stateless persons who are illegally residing in Ukraine, and ensuring their operation in accordance with the international standards and ensure the provision of sufficient and appropriate medical services to the persons held in the following centers.

SMS, MIA, Ministry of Economic Development, Ministry of Health, the Council of Ministers of the Autonomous Republic of Crimea, Kyiv and Sevastopol city state administrations.

Continuously.

77. Develop and adopt an action plan to improve the efficiency of border and internal migration control, particularly by improving the technical equipment of the SBGS, MIA and SMS.

SBGS Administration, SMS, MFA.

During 2012.

78. Improve the mechanism of joint monitoring of the situation, assessment of threats and risks in the area of the state border security with the relevant authorities of neighboring states.

SBGS Administration, Security Service.

2013-2014.

79. Equip the checkpoints across the state border devices for identification using biometric data.

SBGS Administration, Security Service, the State Service of personal data protection.

After the adoption of the Law of Ukraine "On the documents proving identity and the citizenship of Ukraine."

80. Equip MIA and SMS units with devices to identify persons using biometric data.

MIA, SMS, Security Service, the State Service of personal data protection.

After the adoption of the Law of Ukraine "On the documents proving identity and the citizenship of Ukraine."

81. Establish a joint activity of mobile units for inspections in the border area.

SBGS Administration, MIA, State Customs Service, SMS.

IV quarter, 2011 - 2015.

82. Ensure construction of new premises for the detention of persons seized for violation of the laws of Ukraine where verification of compliance lies within the jurisdiction of the SBGS.

SBGS Administration, Ministry of Economic Development, Ministry of Finance.

IV quarter, 2011 - 2015.

83. Strengthen the exchange of information on combating illegal migration with the border agencies of neighboring states.

SBGS Administration.

2012-2015.

84. Actively work to attract funds of international organizations to address issues related to illegal migration.

SMS, MIA, SBGS Administration, Ministry of Economic Development, Ministry of Finance, Ministry of Social Policy.

Continuously.

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