Date of entry into force:
August 4, 2011
(Abstract)
The Law determines the procedure for regulating social
relations in the sphere of granting the status of a refugee, a person in need
of subsidiary protection, or person in need of asylum; the loss or withdrawal
of such status; and for establishing the legal status of refugees, persons in
need of subsidiary protections and persons granted asylum in Ukraine.
According to Article 1 of the Law, a refugee is a
person who is not a citizen of Ukraine, is outside of the country of their
citizenship owing to a well-founded fear of being persecuted for reasons of
race, religion, nationality, citizenship (allegiance), membership of a
particular social group, or political opinion, and is unable to or, owing to
such fear, unwilling to avail themselves of the protection of that country, or,
being a stateless person outside of the country of their previous permanent
residence, cannot or does not wish to return to such country due to the above
apprehension. A person in need of subsidiary protection is a person who is not
a refugee according to the 1951 Convention relating to the Status of Refugees,
the 1967 Protocol relating to the Status of Refugees, and this Law, but
requires protection due to being forced to arrive in Ukraine or remain in
Ukraine because of the threat to their life, security or liberty in their
country of origin caused by fear of the death penalty exercised against them,
or of the sentence of death, torture, inhumane or degrading treatment or
punishment. Persons in need of asylum are foreigners and stateless persons
permanently residing in a country that shares a border with Ukraine, which are
forced to seek protection in Ukraine en masse, due to external aggression,
foreign occupation, civil war, conflicts on the grounds of ethnicity, natural
or man-made emergencies, or other events that disrupt public order in a certain
part or entire territory of their country of origin.
A refugee or a person in need of subsidiary protection
or a person granted asylum, cannot be deported or refouled to a country in which
their life or liberty is threatened for reasons of race, religion, nationality,
citizenship (allegiance), membership of a particular social group, or political
opinion, as well as for other reasons recognized by international agreements or
international organizations that Ukraine is a member of as those that cannot be
returned to the country of origin. A refugee or a person in need of subsidiary
protection or a person granted asylum cannot be deported or refouled to a
country where they may be subjected to torture and other cruel, inhumane or
degrading treatment or punishment, or to a country from which they can be
deported or refouled to countries in which their life or liberty is threatened
for reasons of race, religion, nationality, citizenship (allegiance),
membership of a particular social group, or political opinion, as well as for
other reasons recognized by international agreements or international
organizations that Ukraine is a member of as those that cannot be returned to
the country of origin (Article 3 of the Law).
The procedure of applying for the status of a refugee
or a person in need of subsidiary protection is established by Article 5 of the
Law.
According to Article 6 of the Law, the following
cannot be granted the status of a refugee or a person in need of subsidiary
protection:
·
persons who have
committed a crime against peace, a war crime, or a crime against humanity, as
defined in the international instruments;
·
persons who have
committed a non-political crime outside of Ukraine prior to their arrival to
Ukraine with the purpose of being granted the status of a refugee or a person
in need of subsidiary protection, if such crime is classified as grave and
especially grave, according to the Criminal Code of Ukraine;
·
persons who have been
guilty of acts contrary to the purposes and principles of the United Nations;
·
persons not
satisfying the criteria to be classified as "refugee" and
"person in need of subsidiary protection" as defined above;
·
persons who have been
granted the status of a refugee or a person in need of subsidiary protection in
a third country prior to their arrival to Ukraine;
·
persons who have been
residing in a third, safe, country prior to their arrival to Ukraine with the
purpose of being granted the status of a refugee or a person in need of
subsidiary protection.
Article 7 of the Law envisages the procedure for
processing documents required to resolve the issue of granting the status of a
refugee or a person in need of subsidiary protection.
The migration service body that accepted the
application of a foreigner or a stateless person to be granted the status of a
refugee or a person in need of subsidiary protection, issues the applicant a
certificate confirming their application for protection in Ukraine, and
registers the applicant. Within fifteen working days of registering the
application, the migration service body interviews the applicant, reviews the
data stated in the application and other documents, requests additional
information and reaches a decision to process documents required to resolve the
issue of granting the status of a refugee or a person in need of subsidiary
protection, or to deny processing documents required to resolve the above issue
(Article 8 of the Law).
According to Article 9 of the Law, the application to
be granted the status of a refugee or a person in need of subsidiary protection
is reviewed by migration service bodies in the Autonomous Republic of Crimea,
the regions, and the cities of Kyiv and Sevastopol within two months of the
decision to process the documents required to resolve the issue of granting the
status of a refugee or a person in need of subsidiary protection. This time can
be extended by the head of the migration service body based on a motivated request
of the employee reviewing the application, but only insofar that the total term
of review does not exceed three months.
The decision on the application to be granted the
status of a refugee or a person in need of subsidiary protection is made by the
specially authorized central body of executive power in the issues of migration
within one month of receiving the personal file of the applicant and the
written statement of the migration service body that reviewed the application.
The decision term can be extended by the head of the specially authorized
central body of executive power in the issues of migration, but only insofar
that the total term of review does not exceed three months. Based on the
results of comprehensive analysis and evaluation of all documents and materials
that may constitute proof of conditions for granting the status of a refugee or
a person in need of subsidiary protection, the specially authorized central
body of executive power in the issues of migration reaches a decision to grant
the status of a refugee or a person in need of subsidiary protection, or to
refuse granting the status of a refugee or a person in need of subsidiary
protection. A foreigner or a stateless person are granted the status of a
refugee or a person in need of subsidiary protection in Ukraine and considered
permanent residents of Ukraine from the moment of the decision to grant them
refugee status, or on a legal indefinite stay on the territory of Ukraine
(Article 10 of the Law).
According to Article 11 of the Law, the refugee status
and subsidiary protection are lost in case the person:
·
once again
voluntarily availed themselves of the protection of their country of
citizenship (allegiance);
·
attained citizenship
of Ukraine, or voluntarily attained their previous citizenship, or attained
citizenship of a third country and have availed themselves of the protection of
that country;
·
voluntarily returned
to the country they have left or out of which they have remained due to
well-founded fear of being persecuted;
·
being a stateless
citizen, can return to the previous country of their permanent residence
because the circumstances due to which they have been granted the status of a
refugee or a person in need of subsidiary protection, have ceased to exist;
·
received asylum or
permanent residence permit in a third country;
·
cannot refuse to
avail themselves of the protection of their country of citizenship because the
circumstances due to which they have been granted the status of a refugee or a
person in need of subsidiary protection, have ceased to exist.
The rights and obligations of refugees and persons in
need of subsidiary protection are envisaged by Chapter III of the Law. In
particular, Article 14 of the Law envisages that persons who have been granted
the status of a refugee or a person in need of subsidiary protection exercise
the same rights and liberties and are bound by the same obligations as the
citizens of Ukraine, except for cases established by the Constitution and the
Laws of Ukraine, as well as international agreements declared binding by the
Verkhovna Rada of Ukraine. Persons who have been granted refugee status in
Ukraine are considered to be permanent residents of Ukraine from the day of the
decision to grant them refugee status. Persons who have been granted the status
of a person in need of subsidiary protection are considered to be staying on
the territory of Ukraine indefinitely on legal grounds.
Chapter IV of the Law is dedicated to asylum.
In case of mass arrival of people to the territory of
Ukraine from a country that shares a border with Ukraine, due to external
aggression, foreign occupation, civil war, conflicts on the grounds of
ethnicity, natural or man-made emergencies, or other events that disrupt public
order in a certain part or entire territory of their country of origin, the
Cabinet of Ministers of Ukraine, by recommendation of the specially authorized
central body of executive power in the issues of migration, passes a resolution
to grant asylum to such arrivals. The issue of receiving people in need of
asylum, determining places for their accommodation, the procedure of their
registration and ensuring their livelihood, and the financing, are regulated by
the Cabinet of Ministers of Ukraine. Asylum is granted to people by the Cabinet
of Ministers of Ukraine until the cessation of circumstances in their country
of origin that have forced them to arrive to the territory of Ukraine, but for
a term that does not exceed one year. The duration of asylum can be extended,
but for a term that does not exceed one year. A migration service body issues
each person of age that is part of the people who have been granted asylum with
an identity certificate of a person who has been granted asylum in Ukraine
(Article 18 of the Law).
According to Article 19 of the Law, persons who have
been granted asylum are foreigners or stateless persons that legally stay on
the territory of Ukraine for the duration of the circumstances that have led to
the granting of asylum.
The rights and obligations of persons granted asylum
are established by Articles 20 and 21 of the Law.
According to Article 24 of the Law, asylum ceases in
the following cases:
·
persons can return to
their country of origin due to the cessation of circumstances that have led to
the granting of asylum;
·
persons move to
reside in a third country.
The decision to cease asylum is made by the Cabinet of
Ministers of Ukraine.
The authority of the bodies of executive power that
take part in resolving issues related to refugees and persons in need of
subsidiary protection or asylum are established by Chapter V of the Law.
The Law also invalidates the Law of Ukraine "On
Refugees" N 2557-ІІІ of June 21, 2001.
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