LAW OF UKRAINE

of September 22, 2011 No. 3796-VI

About introduction of amendments to the Code of administrative legal proceedings of Ukraine concerning features of production on cases on expulsion of foreigners and persons without citizenship

The Verkhovna Rada of Ukraine decides:

I. Bring in the Code of administrative legal proceedings of Ukraine (Sheets of the Verkhovna Rada of Ukraine, 2005, Art. No. No. 35-37, 446) such changes:

1. Add the Section III with Article 183-5 of such content:

"Article 183-5. Features of production on cases on administrative claims for occasion of expulsion of foreigners and persons without citizenship

1. Actions for declaration of foreigners and stateless persons concerning appeal of decisions on their expulsion, and also actions for declaration of law-enforcement bodies, bodies of protection of frontier or the Security Service of Ukraine about exclusion of foreigners and stateless persons and their detention in connection with such expulsion move in district administrative court on the location of relevant organ of internal affairs, body of protection of frontier or the Security Service of Ukraine.

2. The administrative cases provided by part one of this Article are solved court from the date of receipt of the action for declaration, except cases on detention in a month for the purpose of possibility of further expulsion which are considered instantly.

3. The administrative cases provided by part one of this Article are considered by court with obligatory participation of the parties.

4. Judgments on the administrative cases determined by this Article regarding detention of foreigners and stateless persons are subject to immediate accomplishment.

Copies of the judgment are instantly issued to persons who were taking part in case.

5. Judgments in certain administrative cases can be appealed in appeal procedure in five-day time from day of their declaration.

6. The Appeal Court considers case within five days from day of receipt of the petition for appeal.

7. Judgments on the administrative cases determined by this Article take legal effect after the termination of term of appeal appeal, and in case of their appeal - from the moment of declaration of the judgment of Appeal Court.

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