Order

MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

ORDER

                                                                                  20.02.2012  # 142

                                                                                                                                        Registered by

                                                                                                                                       the Ministry of Justice of Ukraine

                                                                                                                                      March 6, 2012

                                                                                                                                      # 380/20693

On approval of the Regulation on the Ministry of Internal Affairs Department of the migration control police

According to Article 3 of the Presidential Decree of April 6, 2011 #405 "The Issue of the State Migration Service of Ukraine", to ensure fulfillment of state policy on combating irregular migration tasked to the State Migration Service of Ukraine hereby r e s o l v e s  to:

1. Approve the Regulation on the Ministry of Internal Affairs Department of the migration control police (attached).

2. In the 20-day period after the official publication of the Order the Department of Human Resourses of MoI Ukraine (Dyvak M.M.) basing on proposals of SMS Ukraine to develop the structure of units of migration control police and the draft of the staff of the Ministry of Internal Affairs Department of the migration control police.

3. First Deputy Head of the State Migration Service of Ukraine Sheibut V. V. within five days after signing the order to ensure its submission for state registration with the Ministry of Justice of Ukraine.

4. Ensure control over the implementation of this order by the Deputy Minister of Internal Affairs of Ukraine, Major-General Militia Ratushniak V.I. and First Deputy Chairman of the State Migration Service of Ukraine Sheibut V.V.

5. Submit the Order to the proper parties.

6. The Order enters into force on the date of its official publication.

Minister of Internal Affairs of Ukraine

General of Internal Service of Ukraine                                                                              V.Y. Zacharchenko

APPROVED:

Head of the State Migration Service of Ukraine                                                                M.M. Kovalchuk

REGULATION

on the Ministry of Internal Affairs Department of the migration control police

1. The Department of the migration control police (hereinafter ? the Department) functions within the MoI of Ukraine, functionally subordinates to the State Migration Service of Ukraine, is answerable before and controlled by the Minister of Internal Affairs of Ukraine.

The Department is a managing unit in the system of migration control police units.

2. The Department?s activity is guided by the Constitution and laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, orders of the Ministry of Internal Affairs and other legislative acts of Ukraine, instructions of the President of Ukraine and the Minister, and this Regulation.

3. The main tasks of the Department are ensuring state policy fulfillment on combating irregular migration tasked to SMS Ukraine, as well as bringing to administrative liability for violation of legislation on registration of individuals, issuance of identification documents.

4. In accordance with its tasks the Department:

1) in accordance with the law implements control under fulfillment of the legislation in the field of migration, including combating irregular migration, citizenship, registration of persons, refugees and other categories of migrants defined by the legislation;

2) law enforcement to ensure proceedings on administrative violations;

3) prepares proposals on reducing the term of stay of foreigners and stateless persons in Ukraine, their forced return, forced expulsion and prohibition of entry to Ukraine;

4) ensures the protection of centers for temporary stay of foreigners and stateless persons who are illegally staying in Ukraine;

5) prepares the information and analytical materials and other documents on matters within its competence, to be submitted for consideration of the relevant authorities;

6) participates in the formation of other data necessary to implement the Department?s tasks;

7) cooperates with the relevant departments of central and local executive bodies and local authorities;

8) coordinates the contact analytical center for exchange of statistical and analytical information for which the legislation does not foresee restrictions on its creation, collection, receipt, storage, use and distribution, to combat irregular migration;

9) performs in accordance with the law measures to prevent irregular migration and other violations of immigration laws;

10) provides and oversees compliance with State secrets in the Department and its local units;

11) considers requests and appeals on matters within its competence;

12) provides within its competence measures to prevent corruption and controls their conduct in its local units;

13) exercises other powers stipulated by the legislation of Ukraine.

5. The Department exercises its powers directly and through established in due course local migration control police units of main departments, departments of MoI Ukraine in the Autonomous Republic of Crimea, Kyiv and Sevastopol cities, including inter-district police units of migration control.

6. The Department has the right to:

1) receive from central and local authorities the information necessary to perform assigned tasks in due course;

2) use of appropriate information databases of  MoI Ukraine, state communication systems  and communication networks, ad hoc communications and other technical means;

3) involve the consent and in due course specialists of MoI Ukraine structural units, central and local authorities to consider matters within its competence;

4) participate within its competence in international cooperation on the rights and freedoms of individuals and citizens, as well as in implementation of relevant international obligations of Ukraine;

5) review the observance of legislation on migration, citizenship, registration of individuals, refugees and other defined categories of migrants by the executive authorities, citizens, enterprises, institutions and organizations, and make proposals for elimination of violations? reasons;

5) exercise other powers according to the legislation of Ukraine.

7. The Department is headed by a head who is appointed and dismissed by the Minister of Internal Affairs of Ukraine subject to coordination with the Head of the State Migration Service of Ukraine.

Head of the Department has deputies who are appointed and dismissed by the Minister of Internal Affairs of Ukraine subject to coordination with the Head of the State Migration Service of Ukraine.

Other staff members of the Department are appointed by the deputy Minister of Internal Affairs (the Head of the Ministry?s Secretariat) upon the submission of the Department?s Head.

8. Head of the Department:

manages the Department?s activities and  is responsible to the Head of the State Migration Service of Ukraine and the Minister of Interior for performance of the Department?s tasks;

prepares proposals for the formation, change the existing staff structure and the elimination of regional police units of migration control;

prepares activities for administrations of  regional police units of migration control;

prepares in consent with the Department of Finance and Accounting  of MoI Ukraine proposals on the establishment of the Department?s staff salaries, allowances, payments and premiums within the approved payroll;

represents the Department  in state and local authorities;

prepares documents for the appointment and dismissal of his deputies and staff of the Department;

recommends officers for conferment of special titles, for awarding honors of MoI, SMS, proposes staff members to be awarded with the state awards;

arranges separation of duties among his deputies;

approves the functional duties of the Department?s staff ;

is responsible for official discipline, compliance with this Regulation and controls staff.

9. Structure, staff and cost estimates of the Department are approved by the Minister of Internal Affairs of Ukraine and agreed with the Head of State Migration Service of Ukraine.

10. Appointment and dismissal of heads of regional units are approved by the Minister of Internal Affairs in consent with the Head of the State Migration Service of Ukraine.

Deputy heads and other employees of local police units of migration control are appointed by orders of heads of central departments, departments of MIA of Ukraine in the Autonomous Republic of Crimea, Kyiv and Sevastopol by submission of the heads of regional police units of migration control.

11. The Department is financed at the expense of the state budget for the relevant year for the implementation of measures to counter illegal migration, and other funds provided to the State Migration Service of Ukraine.

12. Ranks and officers of the Department serve under the provisions of the Regulation on military service for ranks and officer corps of the Interior, approved by the Cabinet of Ministers URSR on July 29, 1991 # 114, and enjoy all the rights and fulfill obligations under the Law of Ukraine "On the Militia ".

13. Wages of the Department?s employees are done in accordance with the legislation applied to officers of the police and workers who have no special officers? titles.

Chairman on elimination committee of 

DDGIRFO MoI Ukraine -

First Deputy Chairman

of SMS Ukraine                

V.V.Sheibut

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