1

LAW OF UKRAINE

"On Refugees"

This Law shall determine the legal status of a refugee in Ukraine, the procedure for granting, loss, and depriving of the refugee status and shall set forth the state guarantees of protection of refugees.

Section I

GENERAL PROVISIONS

Article 1. Definition of Terms

Within the context of this Law, the following terms are used in the following meaning:

“Refugee” shall mean a person who is not a citizen of Ukraine and who owing to fully justified fear of becoming a victim of persecution for reason of race, religion, nationality, citizenship (nationality), belonging to a certain social group or political convictions is outside the country of his civil belonging and may not or is unwilling to avail himself of the protection of this country owing to the said fear; or, having no citizenship (nationality) and being outside the country of his previous permanent residence, may not or is unwilling to return to such country owing to the said fear.

"Country of civil belonging" shall mean a country the citizen (national) of which a person is, and, if the person is a citizen of more than one country, such person shall not be deemed deprived of protection of his country of civil belonging if such person, having no important reasons following from his justified fear, used no protection of any country the citizen (national) of which such person is.

“Country of permanent residence of a stateless person” shall mean a country where a stateless person had permanent residence prior to his arrival in Ukraine.

“Refugee’s country of origin” shall mean a country of civil belonging for an alien or a country of permanent residence for a stateless person in relation to which such persons have justified fear of becoming victims of persecution for reasons stated in paragraph 2 of article 1 hereof.

“Safe third country” shall mean a country where a person stayed prior to his arrival in Ukraine (excluding the cases of transit through such country’s territory) and where such person could apply for the refugee status or asylum, because such country:

adheres to international human rights standards in the sphere of granting asylum set forth by international and legal instruments of a global and regional nature including the regulations on prohibition of tortures, inhuman or humiliating treatment or punishment;

adheres to international principles concerning the protection of refugees stipulated by the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, including the non-refoulеment principle;

has national legislation in the sphere of asylum and refugees, and its appropriate government agencies determine the refugee status and grant asylum;

will provide such person with effective protection against deportation and will grant opportunity to apply for asylum and avail himself of it;

agrees to receive such person and ensure his/her access to the procedure for determination of the refugee status or granting asylum.

"Refugee family members" shall mean a husband (a wife), children who are under eighteen years of age, parents incapable to work or other persons who are under guardianship or care of a refugee.

“Lawful representatives of a minor under eighteen years” shall mean parents, adoptive parents, grandparents, adult brothers or sisters, guardians or tutors appointed in their capacity prior to arrival in Ukraine, other persons of full legal age who prior to their arrival in Ukraine voluntarily or due to traditions existing in the refugee’s country of origin assumed responsibility for upbringing of children.

“Lawful representatives of a child separated from family” shall mean a tutorship and care body, educative parents, guardians or tutors appointed pursuant to the laws of Ukraine, representative of a children’s home or a boarding school or other children’s institution where the child is being fostered.

“Child separated from family” shall mean a person under eighteen years of age who is arriving or arrived into the territory of Ukraine without parents or parent, grandparent, adult brother or sister, guardian or tutor appointed pursuant to the legislation of the country of refugees’ origin or other persons of full legal age who voluntarily or due to traditions existing in the refugee’s country of origin assumed responsibility for upbringing of the child prior to arrival in Ukraine.

“Lawful representatives of incapable person” shall mean tutors.

The refugee certificate shall mean the passport document, which certifies the identity of bearer thereof and acknowledges the fact of granting him the refugee status in Ukraine and is valid for enjoyment of rights and fulfilment of obligations stipulated by this Law and other laws of Ukraine.

“Temporary accommodation centre for refugees” shall mean a place for temporary accommodation of persons who applied for granting the refugee status, in relation to which it was decided to formalize documents to solve the issue on granting the refugee status, and those which were granted the refugee status in Ukraine.

“Identification of person” shall mean measures related to checking (by executive authorities) the identity of an applicant who has applied for granting the refugee status in Ukraine and has no documents identifying him or whose identification documents are forged or counterfeit.

The certificate confirming the fact of filing application for granting the refugee status shall mean a document confirming the lawfulness of a person’s stay on the territory of Ukraine within the term of validity of the certificate and valid for enjoyment of rights and fulfilment of obligations stipulated by this Law and other laws of Ukraine.

The certificate confirming the fact that a person’s documents are being processed pursuant to appropriate decision in order to grant him the refugee status shall mean a document confirming the lawfulness of the person’s stay on the territory of Ukraine within the term of validity of the certificate and valid for enjoyment of rights and fulfilment of obligations stipulated by this Law and other laws of Ukraine.

The certificate confirming the acceptance of appeal for consideration shall mean a document that certifies the lawfulness of a person’s stay on the territory of Ukraine within the period of consideration of appeals against the refusal to accept the application for granting the refugee status or the refusal to process documents in order to solve the issue of granting the refugee status in Ukraine and is valid for enjoyment of rights and fulfilment of obligations stipulated by this Law and other laws of Ukraine.

The certificate confirming the fact of reference to court shall mean a document that certifies the lawfulness of a person’s stay on the territory of Ukraine within the period of contesting (in due course of law) the decisions on the refusal to accept a person’s application for granting the refugee status, on the refusal to process a person’s documents for solving the issue of granting the refugee status, on the refusal to grant the refugee status, on the loss of the refugee status or depriving of the refugee status, and is valid for enjoyment of rights and fulfilment of obligations stipulated by this Law and other laws of Ukraine.

Article 2. Legislation on Refugees

Issues associated with refugees shall be regulated by the Constitution of Ukraine, this Law, other normative and legal acts of Ukraine, as well as international treaties, the binding nature of which has been ratified by the Verkhovna Rada of Ukraine.

If the international treaty, the binding nature of which has been ratified by the Verkhovna Rada of Ukraine, establishes other rules than those contained in this Law, the rules of the international treaty shall apply.

Article 3. Interdiction of deportation or forced return of a refugee to the state he came from and where his life and freedom are endangered

No refugee may be deported or forcibly returned to the countries where his life or freedom is threatened owing to his race, religion, ethnic or citizenship (nationality) reasons, belonging to a certain social group or political convictions.

No refugee may be deported or forcibly returned to the countries where he/she may suffer tortures and other severe, inhuman or humiliating treatment or punishment, or to such country from where the refugee may be deported or forcibly returned to the countries where his life or freedom is threatened owing to his race, religion, ethnic or citizenship (nationality) reasons, belonging to a certain social group or political convictions.

This article shall not apply to refugee convicted in Ukraine for a serious crime.

Article 4. Promotion of preservation of refugees’ family unity.

Ukraine shall promote preservation of refugees’ family unity.

Family members of a person who was granted the refugee status in Ukraine shall have the right to arrive in Ukraine with the purpose of family reunion and to acquire the refugee status unless conditions stipulated in paragraphs two – four of article 10 hereof are in place.

Refugees shall have the right to free departure from Ukraine for the purpose of reuniting with their families.

Section II

AUTHORITIES OF EXECUTIVE BODIES RESOLVING ISSUES OF GRANTING, LOSS AND DEPRIVING OF REFUGEE STATUS

Article 5. Authorities of the Cabinet of Ministers of Ukraine

The Cabinet of Ministers of Ukraine shall:

determine the amount of funds allocated for activities on implementation of this Law in the State Budget of Ukraine;

approve provisions concerning the refugee certificate, refugee’s travel documents for departure abroad and other required documents;

approve the procedure for employment, education and rendering of medical assistance to persons in relation to whom the decision was taken to process documents for resolving the issue of granting the refugee status, procedures for payment of financial aid, pension and other types of social care to persons who were granted the refugee status;

determine the procedure of issuance of entry visas to family members of persons who were granted the refugee status in Ukraine.

Article 6. Authorities of the specially authorized central organ of executive power for migration

The authorities of the specially authorized central organ of executive power for migration shall include the following:

making decisions on granting, loss and depriving of the refugee status;

coordination of interaction of other executive bodies in refugee-related issues;

elaboration and approval of forms of certificates confirming the fact of submission of application for the refugee status; those confirming that in relation to a person decision was made to process his/her documents to resolve the issue of granting the refugee status; those confirming the acceptance of appeal for consideration; those confirming the fact of reference to court; and the list of documents and their forms required for the solution of the issue of granting, loss and depriving of the refugee status;

consideration of appeals against decisions of migration service authorities in the Autonomous Republic of Crimea, the regions, the cities of Kyiv and Sevastopol on the refusal to process the documents in order to resolve the issue of granting the refugee status and annulling of such decisions if they were made in violation of the laws on refugees;

issuance of certificates confirming the fact of acceptance of appeal for consideration and the fact of reference to court;

keeping the centralized records and development of the centralized information system on the persons who applied for the refugee status;

gathering and analysis of information concerning the availability of conditions stipulated by paragraph 2 of article 1 of this Law in the countries of origin of refugees;

establishment and maintenance of temporary accommodation centres for refugees;

preparation of proposals on determination of amounts of financing activities performed in implementation of this law for consideration by the Cabinet of Ministers of Ukraine;

control of enforcement of this Law.

Article 7. Authorities of migration service organs in the Autonomous Republic of Crimea, the regions, and the cities of Kyiv and Sevastopol

The organs of migration service in the Autonomous Republic of Crimea, the regions, and the cities of Kyiv and Sevastopol shall be subordinate to the specially authorized central organ of executive power for migration.

The authority of such organs shall cover the following:

acceptance of applications from aliens and stateless persons on granting them the refugee status pursuant to the procedures set forth herein;

facilitation in placement of children separated from their families in children’s institutions or other families;

facilitation in search for parents or other lawful representatives of a minor in relation to children separated from their families;

making decisions on processing of documents to resolve the issue of granting, loss or depriving of the refugee status;

consideration of applications for granting the refugee status and preparation of written conclusion on granting or refusal of the refugee status;

issuance of certificates confirming the fact of submission of application by a person for granting him the refugee status; of those confirming that in relation to a person the decision was made to process his/her documents and solve the issue of granting the refugee status; those confirming the fact of reference to court;

issuance of certificates and travel documents for departure abroad to the persons who were granted the refugee status;

re-registration of persons who acquired the refugee status;

determination of places for temporary accommodation of the persons who applied for the refugee status, in relation to whom a decision was made to process their documents for resolving the issue of granting the refugee status and assignment of them to the places of temporary accommodation;

making decisions on granting the financial aid to persons who were granted the refugee status;

assistance with employment of the persons in relation to whom a decision was made to process their documents and resolve the issue of granting refugee status and the persons who acquired the refugee status;

assistance with rendering of social, housing, and medical services to the persons in relation to whom the decision was made to process their documents and resolve the issue of granting them the refugee status and the persons who acquired the refugee status;

keeping the records and personal files of persons who applied for the refugee status, persons in relation to whom the decision was made to process their documents and resolve the issue of granting the refugee status and the persons who were granted the refugee status;

solving of other issues referred to their competence by the legislation.

Article 8. Authorities of other organs of executive power

The specially authorized central organ of executive power for issues of state border guard shall organize receiving of applications for refugee status from persons detained due to illegal crossing the border or attempt of such crossing the border with the intention of applying for refugee status and transfer such applications to migration service and in the event of being addressed by persons who legally arrived in Ukraine with the intention of application for refugee status, advise them of the procedure of application for refugee status and identify location of organs of migration service.

The Security Service of Ukraine (SBU) and its field offices upon request from migration service, within its competence, shall use steps to identify persons not eligible for refugee status pursuant to the paragraphs two, three and four of the article 10 of this Law among the persons who applied for refugee status, in relation to which decision was made to process their documents and resolve the issue of granting the refugee status.

The Ministry of Internal Affairs of Ukraine and its field offices upon request from migration service, within their competence, shall use steps to identify persons not eligible for refugee status pursuant to the paragraphs two, three and four of the article 10 of this Law among the persons who applied for refugee status, in relation to which decision was made to process their documents and resolve the issue of granting the refugee status and to identify persons who applied for the refugee status. In the event of being addressed by persons who crossed the state border illegally with the intention of acquiring refugee status and stay in Ukraine illegally, the Office of Internal Affairs shall collect applications for refugee status and transfer them to migration service, and in the event of being addressed by persons who legally arrived in Ukraine with the intention of application for refugee status, advise them of the procedure of application for refugee status and inform about location of organs of migration service.

The specially authorized central organ of executive power on issues of citizenship and registration of natural persons as well as its offices in the Autonomous Republic of Crimea, the regions, and the cities of Kyiv and Sevastopol shall register persons who applied for refugee status and in relation to whom decision was made to process their documents and resolve the issue of granting refugee status and the persons who were granted the refugee status.

The specially authorized central organ of executive power on issues of labour and social policy and its field offices shall render reasonable assistance to persons who applied for refugee status and in relation to whom decision was made to process their documents and resolve the issue of granting refugee status and the persons who were granted refugee status in finding a job and ensure provision of material aid, pension and other types of social care to the persons who were granted refugee status.

The Ministry of Foreign Affairs of Ukraine, diplomatic missions and consular offices of Ukraine in foreign countries shall take part in preparation of documents and make appropriate proposals to the Cabinet of Ministers of Ukraine concerning the conclusion of international treaties on issues related to protection of social, economic and other rights and interests of refugees, including those concerned with compensation of damage caused to refugees, disbursements on their accommodation; provide specially authorized central organ of executive power on issues of migration with information on situation in the refugees’ countries of origin; if required, use steps aimed on reuniting in Ukraine or abroad of families of the persons who were granted refugee status, issue entry visas to family members of the persons who were granted refugee status in Ukraine; facilitate voluntary return of refugees to the country of their origin or relocation to countries that agreed to grant them asylum. The Ministry of Foreign Affairs of Ukraine shall perform general monitoring of enforcement of provisions of international treaties in the sphere of refugees protection approved by the Verkhovna Rada of Ukraine as binding.

The specially authorized central organ of executive power in the sphere of health care, the Council of Ministers of the Autonomous Republic of Crimea, regional state administrations and municipal state administrations of the cities of Kyiv and Sevastopol, in the event of being addressed by migration service organs shall provide for full medical examination or, if required, medical treatment of persons in relation to whom decision was made to process their documents and resolve the issue of granting refugee status and the persons who were granted the refugee status.

The specially authorized central organ of executive power in the sphere of education, the Council of Ministers of the Autonomous Republic of Crimea, regional state administrations and municipal state administrations of the cities of Kyiv and Sevastopol shall facilitate satisfaction of educational needs of persons in relation to whom the decision was made to process their documents and resolve the issue of granting refugee status and the persons who were granted the refugee status.

Organs of tutorship and guardianship shall be the lawful representatives of children separated from their families. Such organs shall use steps to provide interim placement with appropriate child institutions or families of children separated from their families; tutorship or guardianship over such children; they shall take part in the procedure for granting the refugee status to a child separated from his/her family and facilitate enforcement of rights of children separated from their families.

Section III

GRANTING, LOSS AND DEPRIVING OF REFUGEE STATUS

Article 9. Procedure of applying for refugee status

Persons who have the intention of acquiring refugee status and who crossed the Ukrainian border in compliance with the procedures set forth by the legislation of Ukraine must apply for refugee status to appropriate organ of migration service within five working days after their arrival.

Persons who attempted to cross or did cross the state border of Ukraine illegally, with the intention of acquiring refugee status must apply for refugee status to appropriate organ of migration service through an authorized representative of such organ or through an officer of Border Guard Troops or through an office of Internal Affairs and provide statements explaining the reasons and circumstances of illegal crossing the border of Ukraine or attempt of such illegal crossing to officers of Border Guard Troops. If such persons have no documents identifying them or if their documents are forged or counterfeit, they must inform about this fact in their application for refugee status and explain the reasons of such situation. The said persons should be directed by officers of Border Guard Troops to an organ of migration service.

If the state border of Ukraine is crossed or was crossed illegally by a child separated from his/her family, who states his/her intention of acquiring the refugee status or if such intention is communicated by other persons who are not lawful representatives of such minor, officers of Border Guard Troops shall notify the migration service organ and tutorship and guardianship organ on such fact immediately.

The migration authority together with the organ for tutorship and guardianship must use steps to provide for temporary accommodation of such child in appropriate child institution or family.

Persons who attempted to cross the border of Ukraine or crossed the border of Ukraine illegally and stay in Ukraine with the intention of acquiring refugee status shall be exempt from liability for the said actions.

If persons who are not citizens of Ukraine stay legally and temporarily on the territory of Ukraine and if at the time of their stay in the country of their civil belonging or permanent residence the conditions indicated in paragraph 2 of the article 1 hereof have arisen and due to such conditions such persons cannot return to the country of their origin and have the intention to apply for refugee status in Ukraine, such persons must apply to appropriate organ of migration service for granting the refugee status before the term of their valid stay in Ukraine expires.

Applications for refugee status filed in violation of the established procedure can be considered upon written approval by the head of organ of migration service, if the person could not apply properly due to good reasons (applicant’s or his family members’ illness, emergency conditions on the territory of Ukraine, detention of the applicant for identification purposes, etc.).

The organ of migration service may decide to refuse the acceptance of application for refugee status in the event when it was filed in violation of the established procedure without a good reason. The organ of migration service shall notify the applicant of such decision in writing, detailing the reasons for refusal.

Terms of applying for refugee status set forth by parts one, two and six of this article do not apply to applications filed by lawful representatives of children separated from their families.

Article 10. Conditions under which refugee status may not be granted

Refugee status may not be granted to a person:

who committed a crime against peace, war crime or crime against the humankind and humanity as defined in the international legal instruments;

who committed a serious crime of non-political nature outside Ukraine prior to arrival in Ukraine with the intention of acquiring refugee status, if the deed committed by such person is classified by the Criminal Code of Ukraine as a serious crime;

who was found guilty in committing deeds that conflict with the goals and principles of the United Nations Organization;

in relation to whom it was determined that conditions stipulated in paragraph 2 of article 1 hereof are absent;

who was granted refugee status or asylum in other country prior to arrival in Ukraine;

who, prior to arrival in Ukraine for the purpose of acquiring refugee status, stayed in a safe third country. The scope of this paragraph does not apply to children separated from their families or to persons born or permanently residing in Ukraine and to their progeny (children, grandchildren).

Article 11. Preparation of documents required for resolution of the issue of granting refugee status

Preparation of documents for resolution of the issue of granting refugee status shall be performed based on personal application of an alien or stateless person or lawful representative thereof, filed to the organ of migration service in the Autonomous Republic of Crimea, regions, the cities of Kyiv and Sevastopol at the place of temporary residence of the applicant.

Applicants who are at least eighteen years of age shall file their applications and fill out application forms indicating principal information about themselves and circumstances that forced the applicant to leave the country of origin.

Information on children less than eighteen years of age shall be included in the application form of one of the lawful representatives of such minor.

Application for granting refugee status to a child separated from his/her family shall be filed by one of his/her lawful representatives.

Application for granting refugee status to incapacitated person shall be filed by his/her tutor, which fact shall be appropriately noted in the application form by the organ of migration service.

If applicant is not capable of preparing the application in person due to illiteracy or physical impairment, the application may be prepared by other person upon his/her request, which fact shall be appropriately noted in the application form by the organ of migration service.

The application for refugee status shall be attached with documents identifying the applicant and documents and materials that may serve as evidence required for granting refugee status.

If applicant has no documents identifying himself/herself, his/her last name, first name and patronymic and other data shall be recorded temporarily as indicated by him/her pending the identification, which fact is indicated appropriately in the registration form.

The application shall be attached with 4 photos of the applicant and his/her family members less than eighteen years of age, information of which was indicated in the application.

Information provided by the applicant is deemed to be confidential.

Simultaneously with processing of documents required for resolution of the issue of granting refugee status to children separated from their families, the organ of migration service shall use its best efforts to find parents or other lawful representatives of a child less than eighteen years of age.

The organ of migration service shall:

brief the applicant or his/her lawful representative on the procedure of decision-making in relation to their application, rights and obligations of the person in relation to whom the decision was made to process documents in order to resolve the issue of granting refugee status, and have them sign the acknowledgement form;

perform fingerprinting of the person in relation to which a petition was filed for granting refugee status;

fill out registration form of a person who applied for refugee status and of his family members under eighteen years of age or of a child separated from parents in relation to whom the application for refugee status was filed by the child’s lawful representative;

fill out other required documents;

prepare personal file;

enter received information into the centralized information system.

Article 12. Preliminary consideration of applications

The organ of migration service to which an alien or a stateless person applied for refugee status, shall issue a certificate confirming the fact of application for refugee status, within three working days after the date of its registration shall conduct personal interview with the applicant, assess information indicated in the questionnaire and other documents and make a decision on processing the documents in order to resolve the issue of granting refugee status.

If applicant does not speak Ukrainian or Russian, the organ of migration service shall provide the applicant with interpreter to translate during the interview into a language that applicant speaks. The applicant shall have the right to employ interpreter at own cost or at cost of other legal entities or natural persons. The interpreter shall strictly observe confidentiality principle and sign commitment on non-disclosure of information contained in the personal file of the applicant. The personal interview with a child separated from parents shall be conducted in the presence of the child’s lawful representative who filed the application for refugee status on behalf of the child, psychologist or pedagogical organization employee. Upon request of the lawful representative of a child separated from the family, the interview with the child may be conducted in the presence of attorney.

The decision on processing or refusal to process documents for the purposes of resolution of the issue of granting refugee status shall be made based on written conclusion of employee who manages the case and implemented by virtue of the order of the head of migration service.

In the event of making a decision on processing of documents in order to resolve the issue of granting refugee status, the organ of migration service shall issue to the applicant a certificate confirming that in relation to him/her the decision was made on processing of documents in order to resolve the issue of granting refugee status and such certificate shall provide sufficient basis for registration with the central organ of executive power for issues of citizenship and registration of natural persons.

Upon receipt of the certificate of a person in relation to whom the decision was made on processing of documents in order to resolve the issue of granting refugee status, the applicant for the refugee status shall return the certificate confirming the application for refugee status to the organ of migration service, present to it the applicant’s national passport or other identification document and documents that may provide evidence of existence of conditions required for acquiring refugee status and the applicant shall receive the appropriate receipt.

Decisions on refusal to process documents in order to resolve the issue of granting refugee status shall be made in relation to applications lacking substantiation, i.e. when in relation to the applicant no conditions stipulated in paragraph 2 of article 1 of this Law exist, and when applications are associated with abuse and misuse, i.e. when applicant pretends to be some other person, and in relation to applications filed by persons who were denied refugee status due to absence of conditions stipulated in paragraph 2 of article 1 of this Law, if such conditions did not change.

In the event of making the decision on refusal to process the documents in order to resolve the issue of granting refugee status, the organ of migration service shall communicate such information within three working days after the date of such decision to the appropriate office of Internal Affairs and to the specially authorized central organ of executive power for migration issue and present to the applicant or his/her lawful representative a written notice specifying the reasons of refusal and explaining the procedure of appeal.

Article 13. Procedure for application review upon making decision on processing the documents in order to resolve the issue of granting refugee status

The application for refugee status shall be reviewed by organs of migration service in the Autonomous Republic of Crimea, the regions, and the cities of Kyiv and Sevastopol within two months after the date of decision on processing the documents in order to resolve the issue of granting refugee status. If necessary, the review term may be extended by the head of migration service organ, upon substantiated request of the officer reviewing the application, although not more than to three months.

The migration service officer shall conduct interviews with the applicant or his/her lawful representative in order to find additional information required for authentication of facts communicated by the applicant or his/her lawful representative.

The interview with the applicant shall be conducted pursuant to the rules stipulated in part 2 of article 12 of this Law.

The organ of migration service together with Internal Affairs organs and Security Service offices shall perform check of existence of any circumstances preventing from granting refugee status pursuant to paragraphs two, three and four of article 10 hereof.

In the event of absence of any documents identifying the applicant or if applicant’s documents are forged or counterfeit, the procedure of identification of such person shall be conducted by the organ of migration authority together with appropriate offices of the Ministry of Internal Affairs and Security Service of Ukraine.

If there are any doubts as to the authenticity of the information communicated by the applicant, in order to authenticate and check validity of such presented documents, the organ of migration service shall have the right to address offices of Internal Affairs and Security Service and other governmental agencies, bodies of local self-government and citizen unions in order to get assistance with determination of true facts related to the person in question.

The organ of migration service shall direct the person who applied for refugee status to medical examination performed according to the procedures determined by the specially authorized central organ of executive power for issues of health care.

The documents received or prepared by the migration service organ at the time of consideration of the application shall be attached to the personal file of the applicant.

After the study of documents and check of the facts communicated by the person who applied for refugee status, the migration authority organ shall prepare written conclusion on granting or refusal to grant refugee status.

Personal file of applicant together with conclusion of migration service organ, which reviewed the application, shall be sent to the specially authorized central organ of executive power for migration issues in order to make final decision on the application.

Upon appropriate request of the applicant, the review of his/her application for refugee status may be discontinued.

Article 14. Making decision on granting refugee status

Decisions on granting refugee status shall be made by the specially authorized central organ of executive power for migration within one month after the receipt of the personal file of the applicant and the written conclusion of migration service organ that reviewed the application. If required, the term of decision-making may be extended by the head of the specially authorized central organ of executive power for migration although not more than to three months.

The specially authorized central organ of executive power for migration may request additional information from the migration service organ that reviewed the application.

Should there be any doubts concerning the authenticity of information or any need in authentication and verification of validity of documents, the specially authorized central organ of executive power for migration shall have the right to address appropriate requests to offices of Internal Affairs, Security Service of Ukraine, Ministry of Foreign Affairs of Ukraine and other governmental agencies, bodies of local self-government and unions of citizens in order to receive assistance with determination of true facts concerning the person in question.

Documents received or prepared by the specially authorized central organ of executive power for migration in the process of making a decision on application shall be attached to the personal file of the applicant.

Based on comprehensive study and evaluation of documents and materials that may provide evidence of existence of conditions necessary for granting refugee status, the specially authorized central organ of executive power for migration shall make the decision on granting refugee status or refusal of such status.

The refugee status in Ukraine shall be granted for the period of time during which the circumstances stipulated in paragraph 2 of article 1 hereof are in effect.

The decision of the specially authorized central organ of executive power for migration shall be sent to the migration service organ that reviewed the case within three working days together with the applicant’s personal file.

Within seven working days after the receipt of decision on granting refugee status, the migration service organ shall issue to each such person who is at least sixteen years of age a refugee certificate of appropriate form. Refugee certificates shall be issued also to children under sixteen if they are separated from their families. Simultaneously with the issuance of refugee certificate, the certificate of a person in relation to which the decision was made to process his/her documents in order to resolve the issue of granting refugee status shall be withdrawn.

The refugee certificate shall provide the basis for registration with the office of the specially authorized central organ of executive power for issues of citizenship and registration of natural persons at the place of refugee’s residence.

The information on the refugee’s family members under sixteen years of age shall be entered into the refugee certificate of his/her parent, or if there are no parents, it shall be entered into the certificate of a grandparent, adult brother or sister, tutor or guardian or other person who prior to arrival in Ukraine voluntarily or due to tradition of the country of origin assumed responsibility for the child’s upbringing.

The refugee certificate shall be issued for one-year term. At the time of re-registration of the refugee at his/her local office of the migration service organ, the term of validity of the certificate shall be extended.

A person who was granted refugee status in Ukraine who is at least sixteen years of age shall have the right to receive travel documents for departure abroad pursuant to the legislation of Ukraine. A child less than sixteen who was separated from his/her family and was granted refugee status in Ukraine shall have the right to receive travel documents for departure abroad upon appropriate request of his/her lawful representatives.

If the specially authorized central organ of executive power for migration made the decision on refusal to grant refugee status, the migration service organ in the Autonomous Republic of Crimea, regions and the cities of Kyiv and Sevastopol shall notify the person in question in writing within seven working days specifying the reasons of the refusal and advising of the procedure for raising appeal. The certificate of a person in relation to whom the decision was made to process his/her documents in order to resolve the issue of granting refugee status shall be withdrawn, which fact shall be communicated within three working days by the migration service organ to the office of Internal Affairs at the place of residence of the applicant and the corresponding specially authorized central organ of executive power for issues of citizenship and registration of natural persons. The national passport and other documents that were kept by the migration service organ shall be returned to their holder.

A person who received notice of refusal of refugee status and did not use the right for appeal must leave the territory of Ukraine within the determined term, unless such person has other lawful reasons to stay in Ukraine.

Article 15. Loss and depriving of refugee status

Refugee status is lost if the person:

1) voluntarily used protection of the country of which he/she is a citizen (subject);

2) acquired the Ukrainian citizenship or voluntarily acquired previous citizenship or acquired citizenship of a third country and uses its protection;

3) voluntarily returned to the country, which he/she left or outside the territory of which he/she stayed due to substantiated fear of becoming a victim of persecution;

4) such person being a stateless person can now return to the country of previous permanent residence because the circumstances under which the refugee status was given exist no more;

5) was granted an asylum or permit to permanent residence in other country;

6) cannot refuse of using protection of the country of his civil belonging anymore because the circumstances based on which the refugee status was granted to such person exist no more;

Provisions of paragraph 4 of part one of this article shall not apply to refugee if the latter is capable of providing sufficient substantiation (arising from previous persecution) of his/her refusal of returning to the country of previous permanent residence.

Provisions of paragraph 6 of part one of this article shall not apply to refugee if he/she is capable of providing sufficient substantiation (arising from previous persecutions) of his/her refusal of using the protection of the country of his/her citizenship.

Person shall be deprived of refugee status if:

such person is involved in activities posing threat to national security, public order or health of the population of Ukraine.

Basis for the request for migration service organ on loss of the refugee status may be provided by personal application of a person who was granted refugee status in Ukraine or request of the office of Internal Affairs, Security Service of Ukraine or other governmental agency.

Basis for the request for migration service organ on depriving of the refugee status may be provided by petition of the office of Internal Affairs, Security Service of Ukraine or other governmental agency.

Provided that conditions stipulated in parts one and two of this article exist, migration service organs in the Autonomous Republic of Crimea, regions, the cities of Kyiv and Sevastopol shall address the specially authorized central organ of executive power for migration with request on loss or depriving of refugee status due to refugee’s own initiative.

The request for loss or depriving of refugee status must detail circumstances and attach documents confirming the conditions for loss or depriving of refugee status.

The decision on loss or depriving of refugee status is made by the specially authorized central organ of executive power for migration upon the request of the migration service organ at the place of residence of refugee within one month after the receipt of the request and the personal file. If required, the term of decision-making may be extended by the head of the specially authorized central organ of executive power for migration although not more than to three months.

The specially authorized central organ of executive power for migration may request additional information from the migration service organ that provided the request.

The request for loss and depriving of refugee status and the documents received or prepared in the process of reviewing of the request shall be attached to the refugee’s personal file.

Based on comprehensive study and evaluation of documents and materials, the specially authorized central organ of executive power for migration shall make decision on loss or depriving of refugee status or on absence of reasons for loss or depriving of refugee status.

The decision of the specially authorized central organ of executive power for migration shall be sent to the local migration service organ at the place of residence of refugee within three working days after the date of its making, along with refugee’s personal file.

The local migration service organ at the place of residence of person in relation to whom the decision was made on loss or depriving of refugee status shall send or issue to such person an appropriate notification detailing the reasons for the decision and the procedure for appeal against it. National passport and other documents that were kept by the migration service organ shall be returned to their holder. Refugee certificate and refugee travel document for departure abroad are withdrawn or annulled, which fact is communicated within three working days to the local office of Internal Affairs at the place of residence of the person and the appropriate organ of the specially authorized central organ of executive power for issues of citizenship and registration of natural persons. National passport and other documents that were kept by the migration service organ shall be returned to their holder.

The person who did not enjoy the right to appeal against loss or depriving of refugee status must leave the territory of Ukraine within the determined period of time unless such person has other substantial reasons for staying in Ukraine.

Article 16. Appeal against decisions concerning refugee status

The decision of the migration service organ in the Autonomous Republic of Crimea, regions, the cities of Kyiv and Sevastopol on refusal to accept application for refugee status, on refusal to process the documents in order to resolve the issue of granting refugee status may be appealed against within seven working days from the date of receipt of the refusal notice at the specially authorized central organ of executive power for migration and in court, pursuant to the existing legislation.

The decision of the specially authorized central organ of executive power for migration on declining appeal against refusal to accept application for refugee status, on processing of documents in order to resolve the issue of granting refugee status, on refusal of refugee status, loss or depriving of refugee status can be appealed against in court pursuant to the existing procedures.

After registration of appeal against refusal to accept application for granting refugee status or appeal against decision on processing the documents in order to resolve the issue of granting refugee status, the specially authorized central organ of executive power for migration issues shall issue to person in question the certificate on acceptance of appeal for consideration through appropriate migration service organ.

If a person or his/her lawful representative appeals against decision of the specially authorized central organ of executive power for migration on refusal of acceptance of application for granting refugee status or against decision on processing the documents in order to resolve the issue of granting refugee status, the appropriate migration service organ shall issue to the person in question the certificate confirming the fact of reference to court. If a person or his/her lawful representative appeals against decision of the specially authorized central organ of executive power for migration on declining the appeal against refusal of acceptance of application for granting refugee status or against refusal of processing of documents in order to resolve the issue of granting refugee status, or on loss or depriving of refugee status through the court, then the specially authorized central organ of executive power for migration shall issue to the person in question the certificate confirming the fact of reference to court.

The said certificates shall provide basis for appropriate registration with the organ of the specially authorized central organ of executive power for issues of citizenship and registration of natural persons located in the area where the applicant has permanent residence at the time of review of appeal.

The decision on the appeal shall be made by the specially authorized central organ of executive power for migration within one month after the date of receipt of personal file. If required, the term of decision-making may be extended by the head of the specially authorized central organ of executive power for migration although not more than to three months.

The appealing person or lawful representative of such person shall have the right to be invited to participate in the review of their appeal.

If the specially authorized central organ of executive power for migration or a court made positive decision upon the applicant’s appeal, within seven days after its receipt the organ of migration service shall make the decision on processing the documents in order to resolve the issue of granting refugee status, withdraw the certificate on acceptance of appeal for consideration and issue to the applicant a certificate of a person in relation to which the decision on processing the documents in order to resolve the issue of granting refugee status was made.

If a person who received notice on declining his/her appeal against refusal of processing documents for resolution of the issue of granting refugee status and did not enjoy the right to appeal in court, such person must leave the territory of Ukraine within the appropriate term, unless such person has other lawful reasons for staying in Ukraine.

If court decides to satisfy the appeal of person against refusal of granting refugee status, loss or depriving of such status, the specially authorized central organ of executive power for migration shall make appropriate decision within seven days after receipt of the court’s notice and notify the local migration service organ at the place of residence of the applicant.

Article 17. Liability of officers and employees in case of violation of refugee legislation

Officers and employees violating this Law shall be liable pursuant to the legislation of Ukraine.

Section IV

RIGHTS AND OBLIGATIONS OF REFUGEES

Article 18. Rights and obligations of person in relation to whom the decision was made on processing the documents in order to resolve the issue of granting refugee status.

The person, in relation to whom a decision on processing of documents in order to resolve the issue of granting refugee status, shall have the right to:

temporary employment, education and medical care pursuant to the legislation of Ukraine;

staying with relatives, in hotel, rented premises or temporary accommodation centres for refugees;

legal assistance.

The person, in relation to whom a decision on processing of documents in order to resolve the issue of granting refugee status, shall be obliged to:

present information necessary for solution of the issue of granting refugee status to appropriate organ of migration service;

in the event of receipt of directive of the migration service organ, depart to the determined place of temporary residence and within three working days to get registered with the appropriate organ of the specially authorized central organ of executive power for issues of citizenship and registration of natural persons;

undergo medical examination upon request of migration service organs;

arrive at appropriate migration service organ at the time determined by the latter;

inform the organ of migration service to which the application was presented on the history of person’s departures outside the territory of the administrative and territorial unit to which the authority of such organ applies.

Article 19. Legal status of refugees in Ukraine

Persons who were granted refugee status in Ukraine are legal aliens or stateless persons who stay in Ukraine legally. Such persons enjoy same rights and carry same obligations as citizens of Ukraine – save the exceptions set forth by the Constitution and the Laws of Ukraine and international agreements approved as binding by the Verkhovna Rada of Ukraine.

Article 20. Rights of the persons who were granted refugee status.

Person who was granted refugee status shall have, equally to Ukrainian citizens, the following rights:

to movement, free choice of residence place, free departure from Ukraine, save the exceptions determined by the legislation;

to labour;

to business activities that are not prohibited by legislation;

to health care, medical treatment and medical insurance;

to rest;

to education;

to freedom of views and religion;

to address individual or joint written letters or personally address government agencies, local self-government bodies, officers and employees of such organizations;

to own, use and manage owned property and intellectual property;

to appeal in courts against decisions, acts or negligence of governmental agencies, bodies of local self-government, officers and employees;

to address the Human Rights Commissioner of the Verkhovna Rada in issues of protection of their rights;

to legal assistance;

The person who was granted refugee status in Ukraine shall have marriage and family rights equal with those of Ukrainian citizens.

The person who was granted refugee status in Ukraine shall have the right to material aid, pension and other types of social care pursuant to the procedures set forth by legislation of Ukraine and the right to use lodgings provided at the place of residence.

The person who was granted refugee status in Ukraine shall enjoy other rights and carry other obligations pursuant to the Constitution and legislation of Ukraine.

Article 21. Obligations of a person who was granted refugee status in Ukraine

The person who was granted refugee status in Ukraine shall be obliged to:

notify the local migration service organ at the place of residence within ten working days of any change of name, family members, marital status, facts of acquiring citizenship of Ukraine or other country, asylum or permanent residence in other country;

in the event of change of the place of residence and relocation to the territory of another administrative and territorial unit of Ukraine which is covered by authority of a different migration service organ, to get struck off the register and get registered with the appropriate organ of migration authority at the new place of residence. Registration with the organ of migration service at the new place of residence shall provide basis for registration with the specially authorized central organ of executive power on issues of citizenship and registration of natural persons;

get re-registered annually, pursuant to the terms set forth by the local migration service organ at the place of residence.

Article 22. Rights and obligations of a person in relation to whom the decision was made to refuse processing the documents in order to resolve the issue of granting refugee status, refused refugee status or whose refugee status was lost or who was deprived of refugee status

The person in relation to whom the decision was made to refuse processing the documents in order to resolve the issue of granting refugee status due to lack of conditions stipulated in paragraph 2 of article 1 hereof, in the event of occurrence of such conditions may reapply for refugee status.

The person in relation to whom the decision was made as to the refusal of processing the documents in order to resolve the issue of granting refugee status, as to the refusal of granting, loss or depriving of refugee status, and who appeals against such decision at the specially authorized central organ of executive power for migration or in court shall enjoy rights and carry obligations pursuant to article 18 of this Law until decision on his/her appeal is made.

The person who received court’s notice on confirmation of decision on refusal of processing the documents in order to resolve the issue of granting refugee status, on refusal of refugee status, loss or depriving of refugee status must leave the territory of Ukraine within the determined term unless such person has other lawful reasons for stay in Ukraine.

Section V

INTERNATIONAL COOPERATION

Article 23. International cooperation for the purpose of protection of rights of refugees

Ukraine shall cooperate with other countries, the Office of the United Nations High Commissioner for Refugees and other international organizations with the purpose of elimination of the reasons for refugees’ problems, improvement of their financial conditions and legal status and return of refugees to the country of their civil belonging (nationality) or previous permanent residence.

International cooperation in the field of finding solutions to refugees’ problems shall be performed pursuant to international agreements of Ukraine approved as binding by the Verkhovna Rada of Ukraine.

FINAL PROVISIONS

1. This Law shall become valid from the date of its publication.

2. After the effective date of this Law, the following documents shall become null and void:

The Law of Ukraine “On Refugees” (Vidomosti Verkhovnoi Rady Ukrainy, 1994, № 16, p. 90);

Resolution of Verkhovna Rada of December 24, 1993 "On Procedure of Implementation of the Law of Ukraine “On Refugees” (Vidomosti Verkhovnoi Rady Ukrainy, 1994, № 16, p. 91).

3. Persons who were granted refugee status in Ukraine pursuant to the Law of Ukraine that became annulled shall be deemed such persons who were granted refugee status for the effective term of the circumstances stipulated in paragraph 2 of article 1 hereof. The term of refugee certificates of such persons shall be extended for one year before the expiration of the three-months period after the date of granting refugee status if conditions stipulated in paragraph 2 of article 1 of this Law continue to have effect. The said persons shall enjoy all the rights and carry all obligations pursuant to this Law and enjoy other rights and freedoms pursuant to the Constitution and legislation of Ukraine.

4. Applications for refugee status filed pursuant to the Law of Ukraine “On Refugees” which was annulled shall be reviewed pursuant to the procedures set forth by this Law.

5. Prior to harmonization of the Ukrainian legislation with this Law, regulatory and legal acts shall apply to the extent that such acts do not contradict this Law.

6. Within three months after the effective date hereof, the Cabinet of Ministers of Ukraine shall:

prepare and submit for consideration of the Verkhovna Rada of Ukraine the proposals on harmonization of the legislative acts of Ukraine with this Law;

ensure harmonization by central organs of executive power of their regulatory acts concerned with refugees in compliance with this Law.