Reception (acquisition) of refugee status in Ukraine
A foreigner or a stateless person may be recognized as a refugee or a person who needs additional protection. Or such persons may be granted temporary protection in the manner prescribed by the legislation of Ukraine.
If such a person, during an illegal crossing of the state border of Ukraine, addressed the official to the State Border Service of Ukraine with the said application, he is obliged to provide this official with explanations about the reasons for the illegal crossing of the state border of Ukraine. If such a person does not have documents proving his identity, or if such documents are false, they should immediately report this, as well as state the reasons for these circumstances. During the testimony of a person who does not speak Ukrainian or Russian, the State Border Service of Ukraine must provide the person with a translator from / to the language in which this person can communicate. After giving explanations, a person who applied for recognition as a refugee or a person who needs additional protection should be transferred within 24 hours by officials of the State Border Service of Ukraine to a representative of the central executive body implementing state policy in the field of refugees and persons in need additional or temporary protection.
If the child’s border is crossed or crossed by a child separated from his family and declares his intention to be recognized as a refugee or a person who needs additional protection, or other persons who are not his legal representatives reported, officials of the State Border Service of Ukraine should immediately report this to the central executive body that implements the state policy in the field of refugees and persons in need of additional or temporary protection, and same to the relevant guardianship authorities.
The central executive body that implements the state policy in the field of refugees and persons who need additional or temporary protection, together with the guardianship authority, is obliged to take measures for the temporary placement of such a child in an appropriate children's institution or family.
A person is not liable for violation of the rules of stay in Ukraine if he is on the territory of Ukraine for the time required to apply for recognition as a refugee or a person who needs additional protection.
A person who is legally temporarily located in Ukraine, and at this time conditions have arisen in the country of his citizenship or previous permanent residence, as a result of which he cannot return to his country of origin and intends to be a recognized refugee in Ukraine or a person who needs in additional protection, should apply to the central executive body that implements the state policy in the field of refugees and persons in need of additional or temporary protection, with a statement about knowledge of refugee and / or a person who needs extra protection before the end of the period of stay on the territory of Ukraine.
The central executive body that implements the state policy in the field of refugees and persons who need additional or temporary protection may decide to refuse to accept an application for recognition as a refugee or a person who needs additional protection if the applicant presents himself as another person or if the applicant was previously denied recognition as a refugee or a person who needs additional protection, in the absence of appropriate conditions, if these conditions have not changed.
Conditions under which a person cannot be recognized as a refugee or a person who needs additional protection:
- committed a crime against peace, a war crime or a crime against humanity and humanity, as defined in international law;
- who has committed a non-political crime outside Ukraine before arriving in Ukraine with the aim of being recognized as a refugee or a person who needs additional protection if such an act in accordance with the Criminal Code of Ukraine refers to serious or especially serious crimes;
- the perpetrator of acts contrary to the purposes and principles of the United Nations;
- a person in respect of whom it is established that there are no conditions for obtaining refugee status in Ukraine;
- a person who, prior to his arrival in Ukraine, was recognized as a refugee in another country or a person who needs additional protection;
- a person who, before arriving in Ukraine with the intention to be recognized as a refugee or a person who needs additional protection, was in a third safe country.
The above conditions do not apply to children separated from their families, as well as to persons born or permanently residing in Ukraine, as well as their descendants (children, grandchildren).
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