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ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of August 16, 2023 No. 678

About approval of Changes in some regulatory legal acts of the Ministry of Internal Affairs of Ukraine and Administration of the State Border Service of Ukraine concerning activities of the State Border Service of Ukraine

According to the Law of Ukraine of February 24, 2023 to No. 2952-IX "About modification of some legal acts of Ukraine concerning protection of frontier of Ukraine", the Law of Ukraine "About conscription and military service", Item 2 of the resolution of the Cabinet of Ministers of Ukraine of December 28, 1992 No. 731 "About approval of the Regulations on state registration of regulatory legal acts of the ministries and other executive bodies", for the purpose of reduction of regulatory legal acts of the Ministry of Internal Affairs of Ukraine and Administration of the State Border Service of Ukraine in compliance with the legislation of Ukraine, and also settlement of single questions of administrative and jurisdictional activities of bodies of the State Border Service of Ukraine I ORDER:

1. Approve Changes in some regulatory legal acts of the Ministry of Internal Affairs of Ukraine and Administration of the State Border Service of Ukraine concerning activities of the State Border Service of Ukraine which are attached.

2. Of the Ministry of Internal Affairs of Ukraine (Lukashuk M.) to provide to management of interaction with the State Border Service of Ukraine submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

3. This order becomes effective from the date of its official publication.

4. To impose control over the implementation of this order on the deputy minister of internal affairs of Ukraine according to distribution of functional obligations.

 

It is approved: Chairman of the State Border Service of Ukraine

S. Deyneko

First Deputy Minister of digital transformation of Ukraine

O. Vyskub

Minister of Foreign Affairs of Ukraine

D. Kuleba

Chairman of the Public migratory service of Ukraine

N. Naumenko

Minister of Health of Ukraine

V. Lyashko

Representative of the Verkhovna Rada of Ukraine for human rights

D. Lubinets

Approved by the Order of the Ministry of Internal Affairs of Ukraine of August 16, 2023 No. 678

Changes in some regulatory legal acts of the Ministry of Internal Affairs of Ukraine and Administration of the State Border Service of Ukraine concerning activities of the State Border Service of Ukraine

1. In the Instruction for registration by officials of the State Border Service of Ukraine of materials of cases on administrative offenses approved by the order of the Ministry of Internal Affairs of Ukraine of September 18, 2013 No. 898, of Ukraine registered in the Ministry of Justice on October 09, 2013 at No. 1729/24261 (in edition of the order of the Ministry of Internal Affairs of Ukraine of December 21, 2018 No. 1046):

1) in the Section II:

in paragraph three of Item 2 of the word "The Russian Federation in the Donetsk and Luhansk regions, being directly in areas and during implementation of the specified actions" shall be replaced with words "against Ukraine";

the third or fifth Item 3 to state paragraphs in the following edition:

"chiefs of departments of the border service, frontier posts and their first deputies;

commandants of boundary commandant's offices, operational and fighting boundary commandant's offices and their first deputies;

chiefs of divisions (departments (groups) of inspectors of the border service, departments (groups) of monitoring of situation, departments of special actions on water) and commanders (chiefs) of support vessels, groups, the ships, motor boats and divisions which directly carry out tasks on protection of frontier of Ukraine or the sovereign rights of Ukraine in its exclusive (sea) economic zone or are attracted and are directly involved in implementation of actions for ensuring national security and defense, repulse and control of the armed aggression against Ukraine";

add the Section with new Item of the following content:

"7. Fixing of biometric these foreigners and stateless persons when implementing production on cases on administrative offenses is performed according to procedure for fixing of biometric these foreigners and stateless persons during border control at check points (control Items) through frontier and in checkpoints of entrance departure, and also implementation of the production on cases on administrative offenses approved by the order of the Ministry of Internal Affairs of Ukraine of April 24, 2019 No. 310, registered in the Ministry of Justice of Ukraine on May 15, 2019 at No. 496/33467";

2) in the Section III:

"the controlled frontier area" to add Item 1 after words with words ", and during providing measures of legal regime of warlike situation on posts and beyond their limits";

in the second offer of paragraph one of Item 3 of the word "duplicate surname, name" shall be replaced with words "duplication of surname, own name";

to add Item 16 after the word "foreigners" with the words "and stateless persons";

state Item 17 in the following edition:

"17. Inform the relevant center for provision of free legal aid according to procedure for informing the centers for provision of free legal aid on cases of the detention of persons approved by the resolution of the Cabinet of Ministers of Ukraine of December 28, 2011 No. 1363, except cases on administrative detention of person of division of management of service of bodies (divisions) of protection of frontier or group of sea protection on which site of responsibility detention is performed if protects face itself personally or invited the defender.

Informing is performed round the clock by means of telephone, fax connection on single telephone number of system of provision of free legal aid (0-800-213103) (contact center of system of provision of free legal aid) and other telephone numbers, e-mail addresses or through complex information and analytical system of ensuring provision of free legal assistance.

The fact of informing is considered in workbook of the relevant division on duty of management of service of body (division) of protection of frontier or group of sea protection with indication of the exact time of implementation of informing, surname, name and middle name (in the presence) of the authorized person of the center for rendering free legal aid which accepted it";

Item 7 of the Section IV to state 3) in the following edition:

"7. All details of the resolution on imposing of administrative punishment and the resolution on solution of the case on administrative offense are filled in state language. Duplication of surname, own name and middle name (in the presence) of foreigners and stateless persons is allowed by Latin letters.

If technically possible the resolution on imposing of administrative punishment and the resolution on solution of the case on administrative offense are constituted with use of the computer equipment with automatic assignment of the corresponding series and number by it with addition of letter E and printed out by means of special technical devices.

The resolution appears immediately upon termination of consideration of the case";

4) in the Section VI:

third Item 2 to state the paragraph in the following edition:

"In case of absence in division of protection of frontier of the official, regular division (position) on administrative and jurisdictional activities accounting of issue of forms of protocols and resolutions performs person designated by the order of body of protection of frontier";

in paragraph five of item 4 of the word "information and analytical" shall be replaced with words "administrative and jurisdictional";

to state paragraph two of Item 5 in the following edition:

"In case of absence in body (division) of protection of frontier (group of sea protection) of the official, regular division (position) on administrative and jurisdictional activities accounting of issue of forms of protocols and resolutions performs person designated by the order of body of protection of frontier (group of sea protection)";

In paragraph one of Item 5 of the Section VIII of the word "it is assigned to personnel of departments of the border service" shall be replaced with words 5) "it is assigned to personnel of divisions of protection of frontier".

2. In the Section I of the Instruction on operations procedure of officials of the State Border Service of Ukraine and interaction with territorial authorities of the Public migratory service of Ukraine during the address of foreigners or stateless persons with statements for recognition by the refugees or persons needing the additional protection approved by the order of the Ministry of Internal Affairs of Ukraine of August 10, 2016 No. 772, of Ukraine registered in the Ministry of Justice on September 2, 2016 at No. 1212/29342:

1) in Item 3:

in paragraph one of the word "in anti-terrorist operation, ensuring its carrying out, being directly in areas of conducting anti-terrorist operation" shall be replaced with words "in repulse and control of the armed aggression against Ukraine";

add Item with four new paragraphs of the following content:

"Bodies of State frontier service do not adopt the statement for protection against persons:

on which the authorized body makes the decision on prohibition of entry into Ukraine;

accepted to Ukraine according to international treaties on readmission;

which address for protection during crossing of frontier of Ukraine directly from the territory of the state in which her life or freedom are not threatened by danger, and also during action of warlike situation in Ukraine, either in case of attempt or after illegal crossing of frontier by it on departure from Ukraine to other states";

2) in Item 6:

third after the words "forced return" to add the paragraph with the words "or exclusion";

the fourth to exclude the paragraph.

With respect thereto the fifth to consider the paragraph the paragraph the fourth.

3. In the Instruction about procedure for content of the detained persons in bodies (divisions) of protection of the frontier approved by the order of the Ministry of Internal Affairs of Ukraine of March 30, 2015 No. 352, of Ukraine registered in the Ministry of Justice on April 23, 2015 at No. 462/26907:

1) in the Section III:

add Item 2 with two new paragraphs of the following content:

"Respect for constitutional rights and freedoms during detention and content of the detained persons in places of temporary content of bodies (divisions) of State frontier service, and also during the address of foreigners or stateless persons with statements for recognition by the refugees or persons needing additional protection is provided by the assistant to the chief of regional government - the regional monitor of respect for human rights.

Regulations on the assistant to the chief of regional management - the regional monitor of respect for human rights and its job responsibilities the Chairman of the State Border Service of Ukraine claims";

state Item 9 in the following edition:

"9. The head of department (departments, services, groups) administrative and jurisdictional activities of body of protection of frontier will organize actions for clarification of circumstances of offense, identification of the detained persons and implementation concerning them administrative production, the organization of forced return, exclusion or transfer according to international treaties of Ukraine on readmission, and shall:

consider applications and provide in accordance with the established procedure the admission on visit of the detained persons;

organize timely provision in MTT of documents on change of terms of content of the detained persons;

control timely provision of legal assistance to the detained persons;

organize forced return and exclusion of the detained persons;

organize preparation of materials for transfer of the detained persons to territorial authorities of the Public migratory service of Ukraine or other bodies;

organize in interaction with state bodies of Ukraine, diplomatic representations of foreign states in Ukraine actions for identification of the detained persons;

within competence to interact with the international and Ukrainian government (non-governmental) organizations for the purpose of identification of the detained persons, and also rendering legal and other aid to them;

provide timely consideration and the direction of statements (claims) of the detained persons on accessory";

in Item 10:

in paragraph one after the words "content of the detained persons" to add with words "in PTT and the joint venture of body (division) of protection of frontier, performs the organization of protection and convoy (maintenance) of the detained persons";

the paragraph the fourth after the words "with the detained persons" to add with words ", exceeding of terms of their content";

add Item after the paragraph of the fourth with the paragraph the fifth the following content:

"organize convoy (maintenance) of the detained persons".

With respect thereto to consider paragraphs of the fifth-twenty second respectively paragraphs sixth-twenty third;

in the paragraph the seventeenth shall be replaced with words the words "having reported on the chief of body of protection of frontier" "what to inform the official performing proceeedings on and to report on the chief of body of protection of frontier";

the twenty first to exclude the paragraph.

With respect thereto paragraphs twenty second, twenty third to consider paragraphs the twenty first, twenty second respectively;

to state the paragraph of the twenty second in the following edition:

"immediately to report on the assistant to the chief of regional government - to the regional monitor of respect for human rights, the chief of body of protection of frontier and the head of department (departments, services, groups) administrative and jurisdictional activities of body of protection of frontier on all unusual (crisis) situations in the joint venture";

in Item 11:

in paragraph five after the words "participate in protection" to add with words ", convoy (maintenance)";

in the paragraph the thirteenth ambassador of the words "on providing continence" to add with words ", convoy (maintenance)";

in Item 13:

word in paragraph one "department of the border service (further - the Air Force)" shall be replaced with words "divisions of protection of frontier";

in paragraph eight after the words "to report instantly" to add with words "to the assistant to the chief of regional management - regional to the monitor of respect for human rights,";

the twelfth to state the paragraph in the following edition:

"immediately to report on all unusual (crisis) situations in the joint venture on the assistant to the chief of regional management - regional to the monitor of respect for human rights, the chief of body of protection of frontier and the head of department (departments, services, groups) administrative and jurisdictional activities of body of protection of frontier";

2) in paragraph one of Item 16 of the Section VI of the word "legal protection or help" shall be replaced with words "legal assistance";

3) in the Section X:

the paragraph one of Item 2 to state in the following edition:

"2. MTT are checked by the Chairman of the State Border Service of Ukraine, his deputies and authorized officers of Administration of State frontier service, chiefs of the relevant regional governments of State frontier service, their deputies and authorized officers of these regional governments, chiefs of bodies (divisions) of protection of frontier, chiefs of divisions of content and their deputies, and also chiefs of divisions of health care and officials of divisions of administrative and jurisdictional activities of relevant organ (division) of protection of frontier";

add Item 5 after paragraph one with the paragraph the second the following content:

"the assistant to the chief of regional government - the regional monitor of observance of the rights of the person - at least once a quarter".

With respect thereto the second or fourth to consider paragraphs respectively paragraphs the third or fifth;

4) in the text of this Instruction:

the words "department of the border service", "Air Force" in all cases and numbers shall be replaced with words "division of protection of frontier" in the corresponding cases and numbers;

shall be replaced with words the words "legal assistance" in all cases "legal assistance" in the corresponding case.

4. In the Section III of the Procedure for fixing of biometric these foreigners and stateless persons during border control at check points (control Items) through frontier and in checkpoints of entrance departure, and also implementation of the production on cases on administrative offenses approved by the order of the Ministry of Internal Affairs of Ukraine of April 24, 2019 No. 310, registered in the Ministry of Justice of Ukraine on May 15, 2019 at No. 496/33467:

"By scanning of all fingers of both hands of the foreigners detained administratively by bodies (divisions) of protection of frontier" shall be replaced with words 1) in Item 1 of the word "concerning the foreigners who violated the law of Ukraine on legal status of foreigners and persons without citizenship or on frontier";

Item 2 to state 2) in the following edition:

"2. Fixing of biometric these foreigners is performed by scanning of all fingers of both hands by the official performing proceeedings about administrative offense or placing the detained foreigners in the Items of temporary content or special premises of bodies of State frontier service intended for temporary content of the detained persons";

3) paragraphs the fourth, fifth Item 3 to state in the following edition:

"in Items of temporary content or special premises of bodies of State frontier service;

in the place of creation of protocols on administrative detention, administrative offense".

5. In the Section "Regional governments" of the List of positions of the military personnel of the State Border Service of Ukraine who is subject to substitution by faces of the officers, and limiting military ranks on these positions approved by the order of Administration of the State Border Service of Ukraine of September 28, 2012 No. 770, registered in the Ministry of Justice of Ukraine on October 18, 2012 at No. 1757/22069, line:

"

The assistant to the chief of regional management – the chief of control center of regional classified service of all categories; the assistant to the chief of regional government of all categories on legal work – the manager of the sector of legal support

colonel (captain of the 1st rank)

"

state in the following edition:

"

The assistant to the chief of regional management – the chief of control center of regional classified service of all categories; the assistant to the chief of regional management of all categories on legal work – the manager of the sector of legal support; the assistant administrator of regional department of all categories - regional monitoring of human rights

colonel (captain of the 1st rank)

".

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