CABINET OF MINISTERS OF UKRAINE
REGULATION 367
of 4 June 2015
Kyiv
On approval of the Procedure on entry into the temporarily occupied territory of Ukraine and exit from it
{As amended according to CM Regulation 722 of 16.09.2015}
According to subparagraphs 1 and 4 of paragraph 12.6 of Article 12 of the Law of Ukraine "On creation of free economic zone" Crimea "and the peculiarities of economic activity in the temporarily occupied territory of Ukraine" and the second paragraph of Article 10 of the Law of Ukraine "On the rights and freedoms of citizens and legal regime of the temporarily occupied territory of Ukraine", the Cabinet of Ministers of Ukraine resolves:
To ratify the Procedure on entry into the temporarily occupied territory of Ukraine and exit from it, that is attached.
Prime Minister of Ukraine A.YATSENYUK
APPROVED
Cabinet of Ministers of Ukraine
of 4 June 2015 number 367
The Procedure on entry into the temporarily occupied territory of Ukraine and exit from it
{The text of the Procedure, after the words "territorial body of SMS" in all cases and forms of the number of amended words "or the territorial division of SMS in Novotroitske or the Henichesk region of Kherson oblast" in the appropriate case and number according to Cabinet of ministers regulation 722 of 16.09.2015}
General provisions
1.This Procedure regulates the issues of crossing the administrative border of the free economic zone "Crimea" during the entry into the temporarily occupied territory of Ukraine and exit from it of Ukrainian citizens in accordance with the Law of Ukraine "On creation of free economic zone "Crimea" and peculiarities of economic activities on the temporarily occupied territory of Ukraine", and also foreigners and stateless persons taking into account the requirements of the law of Ukraine "On ensuring rights and freedoms of citizens and legal regime on the temporarily occupied territory of Ukraine".2. Terms used in this Procedure have the following meaning:the checkpoint of entrance to the temporarily occupied territory of Ukraine and egress from it (hereinafter - checkpoint) - is specially allocated area on the road, railway station with complex of buildings, special, engineering, fortification buildings and equipment, where boundary, customs and other kind of state control are exercised together with admission of the persons, entering the temporarily occupied territory of Ukraine and egressing from it, as well as of vehicles, cargo and other property;bodies and services, exercising the state control in checkpoints (hereinafter - the control bodies and services) - units of frontier guard, of territorial bodies of SFS.Other terms in this Procedure are used as defined in the Criminal procedure code of Ukraine, the Customs code of Ukraine, Laws of Ukraine "On the Unified state demographic register and documents confirming the citizenship of Ukraine, identity or her special status", "On the legal status of foreigners and stateless persons", "On frontier control", "On creation of free economic zone "Crimea" and peculiarities of economic activities on the temporarily occupied territory of Ukraine", "On ensuring the rights and freedoms of citizens and legal regime on the temporarily occupied territory of Ukraine".3. Entry into the temporarily occupied territory of Ukraine and exit from it are exercised through the checkpoints:foreigners and stateless persons - by a passport document and a special permit issued by the territorial body of SMS or territorial division of SMS in Novotroitske or Henichesk region of Kherson oblast;Ukrainian citizens - upon presentation of any document specified in article 5 of the Law of Ukraine "On citizenship of Ukraine" or by article 2 of the Law of Ukraine "On procedure of exit from Ukraine and entry to Ukraine of citizens of Ukraine".Entry into the temporarily occupied territory of Ukraine of Ukrainian citizen under age of 16, is exercised through the checkpoints upon presentation of a passport of Ukrainian citizen or passport of Ukrainian citizen for traveling abroad or travel documents of the child in compliance with the requirements prescribed for such persons in paragraphs 3-6 of the rules of crossing the frontier by Ukrainian citizens approved by the Cabinet of Ministers of Ukraine regulation 57 dated 27 January 1995 (AP of Ukraine, 1995. Number 4, article 92; 2010, №65, p. 2239).Exit from the temporarily occupied territory of Ukraine of citizens of Ukraine under age of 16, is exercised through the checkpoints upon presentation of a passport of Ukrainian citizen or passport of Ukrainian citizens for traveling abroad or travel documents of the child accompanied by one of parents (adoptive parents), guardians or other legal representatives or by other persons authorized by one of the parents (adoptive parents), guardians or other legal representatives.
{Paragraph 3 in the version of CM Regulation 722 of 16.09.2015}
Checkpoints
4. The checkpoints, where frontier, customs and other kind of state control are exercised together with admission of the persons, who enter into the temporarily occupied territory of Ukraine and exit from it, as well as of vehicles, cargo and other property are not allocated for crossing the frontier. The list of checkpoints is given in Annex 1.
5. Checkpoints work around-the-clock. The checkpoints may be suspended with decision of the Head of the Frontier service.
6. The procedure of interaction of control bodies and services, generalprocedure and sequence of exercising of all types of control in checkpoints are determined by the technological scheme of admission of persons, who enter the temporarily occupied territory of Ukraine or exit from it, of vehicles and cargo, which shall be approved separately for each checkpoint by the head of the frontier guard, in the area of responsibility in which a checkpoint islocated, in consultation with the head of the relevant territorial body of SFS that operates in a checkpoint.
7. In the technological scheme of admission of persons, who enter the temporarily occupied territory of Ukraine or exit from it, of vehicles and cargo through the checkpoints are indicated the following:
place or premises for inspection of persons, vehicles and cargo, boundaries of the checkpoint and areas of customs and frontiercontrol (regime zone), zones of service of persons and vehicles, the parking of vehicles, including those detained;
traffic routes, parking and locations of vehicles, trains (wagons) carrying dangerous goods, as well as the procedure of actions in case of emergency involving danger of war, riots, terrorist acts, an obstacle or block of the operation of the checkpoint, as well as in the event of technogenic or natural disaster;
the generalprocedure and sequence of control operations regarding persons, vehicles and cargo;
admission to checkpoint and regime zone of persons, vehicles and cargo, the procedure of their movement.
8. The boundaries of the checkpoint for the railway are determined and approved in consultation with the head of the frontier guard, in the area of responsibility of which a checkpoint is located, and the head of the relevant territorial body of SFS by the order of the head of the railway, in the area of which the checkpoint is located.
The boundaries of the checkpoint for automobile communication are determined and approved in consultation with the head of the relevant territorial authority of SFS and body of local government by order of the head of the frontier guard, in the area of responsibility in which a checkpoint islocated.
9. A zone of service of persons and vehicles can be created before checkpoint in the manner specified in paragraph 24 of the Regulation on the admission points across the frontierand checkpoints, approved by the Cabinet of Ministers of Ukraine regulation 751 of 18 August 2010 (Official Bulletin of Ukraine, 2010, №65, p. 2265).
10. Work related to the construction, reconstruction, repair and maintenance of checkpoints is assigned to the Ministry of Infrastructure.
11. It is not allowed to use the symbols of the state invader, of the temporarily occupied territory or their elements in the checkpoints.
Regulation in checkpoints
12. In checkpoints bodyof frontier guard, in the area of responsibility of which checkpoint is located, set the regime of rules governing the access of persons involved in the control and maintenance of persons, vehicles, in the departing from checkpoints of vehicles entering the temporarily occupied territory of Ukraine and leaving it.
13. In the premises (at place) and means of transportation in which there are people, whopassed verification of documents and other inspections at the frontier control before entering the temporarily occupied territory of Ukraine, as well as in the premises (at place) and vehicles, in which there are persons, who arrived from the temporarily occupied territory of Ukraine and have not passed such verification and control, the entryof other persons is prohibited without permit of authorized officers of the frontier guard unit.
14. Employees of control bodies and services in the performance of duties at checkpoints must have a service certificate and representative cards, and other persons coming on business to the checkpoint, must have special representative card for temporary residence, used in the manner specified in paragraph 21 of the Regulation on the admission points across the frontierand checkpoints, approved by the Cabinet of Ministers of Ukraine regulation 751.
15. Observance of public order at checkpoints is provided by the bodies of internal affairs in cooperation with other control bodies and services, and in the event of a threat of criminal and other illegal encroachments with the relevant units of the National guard.
16. Boarding of persons in vehicles (alighting), and loading (unloading) of cargo and other property in the checkpoints are carried out with the permit of authorized officials of frontier guard units and divisions of territorial body of SFS.
17. Individuals and service staff of vehicles after entering the territory of checkpoints and at the request of the authorized officials of control bodies and services must provide for the inspection vehicles, cargo and other property.
18. Persons and service staff of vehicles who have entered the territory of checkpoints, have the right:
to be present at the inspection of vehicles, cargo owned by them, as well as at the selection of samples of substances and materials owned by them to conduct the express analysis by the relevant control bodies and services;
to receive oral explanations from authorized officers of the frontier guard units and other control bodies and services in case of temporary denial entryinto the temporarily occupied territory of Ukraine and exit from it.
19. Departure of vehicles from the territory of checkpoints is carried out only with the permit of authorized officers of the frontier guard unit.
20. Compliance with legal requirements of authorized officers of the frontier guard units and other control bodies and services in checkpoints is compulsory for all persons who enter the temporarily occupied territory of Ukraine and exit from it.
Special permits
21. Special permit is issued in the event of:
1) residence on the temporarily occupied territory of Ukraine of close relatives or members of a spouse’s family of a foreigner or a stateless person, which is confirmed by documents issued by authorized governmental bodies of Ukraine;
2) location of the burial place of close relatives or members of a spouse’s family of a foreigner or a stateless person on the temporarily occupied territory of Ukraine, which is confirmed by appropriate documents;
3) death of close relatives or members of a spouse’s family of a foreigner or a stateless person on the temporarily occupied territory of Ukraine, which is confirmed by appropriate documents;
4) proprietorship of immovable property located on the temporarily occupied territory of Ukraine;
5) necessity to carry out diplomatic or consular functions, particularly within the field of activity of international organisations of which Ukraine is a member, to conduct activity by other international governmental organisations, international non-governmental organisations, non-governmental organisations of other states and independent human rights missions. In such case, special permission is issued exclusively upon a motion or under the agreement of the MFA;
6) regular trips to the temporarily occupied territory of Ukraine connected with work activities of railway employees;
7) necessity to carry out journalistic activity (exclusively upon a motion or under the agreement of the MIP);
8) necessity to preach religious doctrines, to conduct worship or to meet religious needs (exclusively upon a motion or under the agreement of the Ministry of Culture);
9) residence of a foreigner or a stateless person whose residence is registered in the Autonomic Republic of Crimea or Sevastopol City on the temporarily occupied territory of Ukraine on the basis of permanent residence permit issued in accordance with the procedure established by law;
10) necessity to participate in the activities of the Mejlis of the Crimean Tatar People.
{Paragraph 21 in the version of Resolution of CM Number 722 of 16.09.2015}
22. Special permit is executed by the territorial body of SMS or by the territorial division of SMS in Novotroitske or the Henichesk region of Kherson oblast on its blank at the location of a foreigner or a stateless person on the territory of Ukraine. The form of special permit is provided in Appendix 2.
Special permit is authenticated by the signature of the head of the territorial body of SMS or by the territorial division of SMS in Novotroitske or the Henichesk region of Kherson oblast, or of its deputy. A photograph is glued to the special permission, which is affixed by a seal of the body in question.
23. In order to obtain special permit a foreigner or a stateless person submit to the territorial body of SMS the following:
1) an application in the form in accordance with Appendix 3;
2) a passport (returned after being presented);
3) a document confirming residence on the territory of Ukraine on a legal basis;
4) a copy of the page of passport or document confirming a stateless person with the personal data of the person with the Ukrainian translation certified under established procedure;
5) such documents confirming the aim of entrance to the temporarily occupied territory of Ukraine:
copies of documents confirming family ties of foreigners or stateless persons, as well as place of residence of their close relatives or members of a family on the temporarily occupied territory of Ukraine;
a copy of the document confirming the death of close relatives that lived on the temporarily occupied territory of Ukraine;
a document confirming burial of close relatives or members of a family on the temporarily occupied territory of Ukraine;
documents confirming proprietorship of immovable property located on the temporarily occupied territory of Ukraine;
motion or agreement of the MFA under conditions provided in subparagraph 5 of paragraph 21 of this Procedure;
motion or agreement of the MIP under conditions provided in subparagraph 7 of paragraph 21 of this Procedure;
motion or agreement of the Ministry of Culture under conditions provided in subparagraph 8 of paragraph 21 of this Procedure;
permanent residence permit (returned after being presented) issued by the territorial body or by the territorial division of SMS, and its copy with the registry of residence of a foreigner or a stateless person in the Autonomic Republic of Crimea or Sevastopol;
motion of the Mejlis of the Crimean Tatar People under conditions provided in subparagraph 10 of paragraph 21 of this Procedure;
other documents that can confirm the aim of entryinto the temporarily occupied territory of Ukraine;
6) three photographs of size 3.5 x 4.5 cm.
In order for special permit to be issued under conditions provided in subparagraph 6 of paragraph 21 of this Procedure, Ukrzaliznytsia after receiving addresses from administration of foreign railways submits to the territorial body of SMS in Kyiv lists of foreigners and stateless persons and documents stipulated in subparagraphs 1, 4 and 6 of this Procedure.
In order for special permit to be issued under conditions provided in subparagraph 10 of paragraph 21 of this Procedure, the Mejlis of the Crimean Tatar People submits to the territorial body of SMS in Kherson oblast motions and documents stipulated in subparagraphs 1, 4 and 6 of this Procedure, and a copy of the page of passport of a foreigner or of document confirming a stateless person with the personal data of that person accomponied by Ukrainian translation.
The Frontier Service of Ukraine in accordance with the procedure established by the Ministry of Justice and MIA gives public notaries access to checkpoints for carrying out notarial activities as to executing documents for leaving the temporarily occupied territory of Ukraine.
{Paragraph 23 in the version of Resolution of CM Number 722 of 16.09.2015}
24. Special permit is issued to foreigners or stateless persons attained the age of 18. Data on minor foreigners or stateless persons is added to special permits issued to their parents or legal representatives.
25. Issuance of special permit or its denial is carried out by the head of the territorial body of SMS or by the territorial division of SMS in Novotroitske or the Henichesk region of Kherson oblast, or of its deputy within five days from the moment of receiving all documents as defined by this Procedure.
26. Special permit is issued for single or repeated entryinto the temporarily occupied territory of Ukraine and exit from it. It is valid within the documentarily confirmed period indicated in the application, which can not exceed the allowed period of residence of a foreigner or of a stateless person on the territory of Ukraine and has to take into account the period necessary to leave the territory of Ukraine (not less than three working days).
Special permit for single entryinto the temporarily occupied territory of Ukraine and exit from it is issued on the grounds set forth in subparagraphs 1-4, 7, 8, 10 of paragraph 21 of this Procedure.
{Item 2 of paragraph 26 as amended according to CM Regulation 722 of 16.09.2015}
Special permit for repeated entryinto the temporarily occupied territory of Ukraine and exit from it is issued for a period of one year on the grounds set forth in subparagraphs 5, 6, 9 of paragraph 21 of this Procedure, as well as to foreigners and stateless persons that possess permanent residence permit in Ukraine and whose place of residence is registered in the Autonomic Republic of Crimea or Sevastopol.
{Item 3 of paragraph 26 as amended according to CM Regulation 722 of 16.09.2015}
27. Issuance to a foreigner or to a stateless person special permit is denied in the event of:
1) threat to national security of the state or enforcement of public order, ensuring public health service, protecting rights and legitimate interests of the citizens of Ukraine and other people living on the territory of Ukraine;
2) the passport of such a foreigner or of a stateless person being forged, spoilt or not compliant with the due form, or belonging to another person;
3) submission by a foreigner or by a stateless person deliberate false information or forged documents;
4) reasonable grounds for considering that a foreigner or a person without citizenship has other grounds for and aim of entering the temporarily occupied territory of Ukraine than those claimed in the application, or them not giving confirmation as to grounds for and aim of entering the temporarily occupied territory.
{Subparagraph 5 of paragraph 27 excluded according to Resolution of CM Number 722 of 16.09.2015}
28. Denial of executing special permit may be challenged in SMS or in court.