THE LAW of UKRAINE

   This law determines the order of regulation of social relations in field of recognition of a person as a refugee, a person who needs additional or temporary protection, loss and deprivation of the status and also establish the legal status of refugees and persons require additional protection and have been granted temporary protection in Ukraine.

Article 1. Definitions

      1. The terms have the following meanings:

      1) a refugee - a person who is not a citizen of Ukraine and owing to well-founded fear of being persecuted for race, religion, nationality, citizenship (Citizenship), membership of a particular social group or political

opinion, is outside the country of his nationality and is unable to enjoy the protection of that country or not

wishes to use this protection owing to such fear, or not having a nationality (citizenship) and being outside the country his former habitual residence, is unable or unwilling return to it because of these fears;

      2) a child separated from his family - a person under eighteen years, is arriving or arrived to the territory of Ukraine without parents or one of them, grandfather or grandmother, adult brother or sister, guardian or trustee appointed pursuant to legislation of the country of origin, or other adult persons before coming to Ukraine voluntarily or by custom of the country origin assumed responsibility for the upbringing of the child;

      3) certificate of application for protection in Ukraine – document certifying the legality of temporary residence in the territory of Ukraine period that begins after contacting the person with the appropriate

     4) additional protection - a form of protection accorded to Ukraine on an individual basis to foreigners and stateless persons who arrived in Ukraine or are in Ukraine and may or may not wish to return to the country of nationality or country previous permanent residence as a result of circumstances threaten their lives, safety or freedom;

      5) prohibition of expulsion or forced return – prevention expulsion (voluntary or forced), surrender (extradition)  transmission, the other forced displacement person covered provisions of this law, from Ukraine;

    10) country of citizenship - the country of citizenship (National) which is a person. Provided that if a person has more than one citizenship, it is not deemed to be lacking the protection of the country his nationality if, without any valid reason that founded fear, it is not used protection of one of the citizen (national) of which it is;

     12) Country of origin - country or countries civil belonging to foreigners or Country previous permanent

residence without citizenship;

      13) a person who needs extra protection - a person who is not is a refugee under the Refugee Convention in 1951 (995_011) and Protocol relating to the Status of Refugees in 1967 (995_363) and this Act, but in need of protection, since such person had come to Ukraine or stay in Ukraine because of the threat to the life, safety or freedom in the country of origin because of concerns about her use of the death penalty or execution sentence of the death penalty or torture, inhuman or that degrading treatment or punishment;

      14) persons who need temporary protection - foreigners and stateless persons permanently residing in the territory country that shares a border with Ukraine, which forced mass seek protection in Ukraine due to external aggression, foreign occupation, civil war, clashes on ethnic basis, natural or man-made disasters or other events that violate public order in part or throughout the country origin;

      19) refugee status - recognition specifically authorized central body of executive power for migration foreigneror stateless refugees;

      21) a temporary protection - a form of protection that is exceptional practical measure, limited in time and is in Ukraine foreigners and stateless persons who arrived en masse in Ukraine from a country that shares a border with Ukraine, and can not return to the country of residence due to circumstances referred to in paragraph 14 of this Article;

      Article 3. Prohibition of expulsion or forced return refugee or person who needs additional or temporary protection to the country from which they came and where their lives or freedom would be threatened

      1. Refugee or person in need of additional protection or granted temporary protection can not be expelled or forcibly returned to a country where their life or freedom would be threatened by race, religion, nationality, citizenship (Citizenship), membership of a particular social group or political beliefs, as well as for other reasons recognized international treaties or international organizations, to which Ukraine, as such, can not be returned to their countries of origin.

      Article 4. Promoting the preservation of the unity of refugee families and those in need of additional protection or who have been granted temporary protection

      1. Ukraine promotes the preservation of the unity of refugee families and individuals requiring additional security or who have been granted temporary protection.

             Recognition of refugee or person who needs additional PROTECTION, LOST, DEPRIVATION OF REFUGEE STATUS  AND EXTRA PROTECTION

     Article 5. The procedure for approaching a statement for recognition as refugee or person

               for additional security

     1. A person with the intent to be recognized as a refugee in Ukraine or a person who needs extra protection, crossed state border of Ukraine in accordance with the laws of Ukraine, shall within five working days to appeal to the relevant the migration service of the application for refugee status or a person who needs extra protection.

     2. A person with the intent to be recognized as a refugee in Ukraine or a person who needs extra protection during entry into Ukraine illegally crossed the state border of Ukraine shall not promptly contact the appropriate body of the migration service of application for recognition as refugee or person who needs additional protection.

     4. The person named in the second paragraph of this article shall not be responsibility for illegal crossing of the state border Ukraine, where she promptly applied for recognition refugee or person who needs extra protection.

     6. The migration service can decide to refuse to accept the application for recognition as refugee or person who needs additional protection if the applicant impersonating another person or if the applicant has previously been denied refugee status or person for additional security, unless conditions paragraphs 1 or 13 of Article 1 of this Act, if such conditions have not changed.

     Article 7. Paperwork to address the issue for recognition as refugee or person

               for additional security

     4. Application for recognition as refugee or person who needs additional protection, a child separated from his family, is one of its legal representatives.

     7. The application for recognition as refugee or person who needs additional protection, attached documents, identity applicant, as well as documents and materials that may be evidence if the conditions for recognition as refugee or person who needs additional protection. If the applicant has no documents identify him or her, or documents are false, he must report this fact in the application for refugee status or a person who needs extra protection and explain causes these circumstances.

     Article 8. Procedure for preliminary consideration of applications

     1. The migration service that the application of a foreigner or a stateless person or refugee status

a person who needs extra protection, shall issue a certificate of the application for protection in Ukraine and register the applicant. For fifteen working days from the date of registration of the application the migration

Service conducts an interview with the applicant, considers the information given in the statement, and other documents required additional informationand decides on the registration documents for resolving the issue

for recognition as refugee or person who needs additional defense, or to refuse to process documents for solving this issue.

     2. At the request of the applicant in the previous consideration of application for recognition as refugee or person who needs additional protection, is a lawyer. Appointment of counsel to provide legal help the applicant made in the prescribed manner.

     3. During the interview, the applicant, who does not speak Ukrainian or Russian, the migration service provides interpreter of the language of the applicant to communicate. The applicant has the right to employ an interpreter at his own expense or at the expense of other legal or natural persons.

      6. A refusal to process documents for solving issues of recognition as refugee or person who needs additional protection for statements made which are clearly unfounded, ie if the applicant has no conditions specified in paragraphs 1 or 13 of Article 1 of this Law, and if the statements are abusive if the applicant in recognition of refugee or a person who needs extra protection, impersonating another person, as well as applications submitted by persons who were denied recognition as refugee or person who needs additional protection in the absence of grounds provided for recognition as refugee or person who needs additional

protection established by paragraphs 1 or 13 of Article 1 this Act, if such conditions have not changed.

     7. If the decision to refuse registration documents for resolving the issue of refugee status or a person who needs extra protection, the migration service within three working days of its decision sends the applicant

or his legal representative written notice outlining the reasons for the denial and an explanation about the appeal such a decision.

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