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15.04.21

We remind you that the offices of the CF “Right to Protection” (R2P) are working, even during the quarantine. Our lawyers and attorneys continue protecting the rights of refugees and provide consultations on all issues related to the asylum procedure in Ukraine.

Contact us:

  • to find out how to extend the Dovidka document during the quarantine period;
  • on which stage is your case at the State Migration Service of Ukraine;
  • when to await a court decision;
  • other issues regarding the assistance that can be provided to refugees during and after quarantine by the CF “Right to Protection” (R2P) and by the UNHCR partners.
telefon quarantine

Our Hotline is available from 09:00 to 17:00.

Feel free to call us if you need help or assistance:

Kyiv: +380930495218, +380443371762

Kharkiv: +380577511764, +380948111763

Lviv: +380930230855, +380322761921

Also read:

12.04.21

We bring to your attention the summary of the Alternative Interim Report within the Universal Periodic Review (UPR) “State of Observance of the Rights of Refugees, Asylum Seekers and Stateless Persons in Ukraine“, prepared by a coalition of Non-Governmental Organizations (NGOs) concerned with the rights of the above-mentioned categories of persons: Charitable Fund “Right to Protection” (R2P)Charitable Foundation “Rokada”, NGO “The Tenth of April” (“Desyate Kvitnya”) and The International Fund for Public Health and Environment “Carpathian Region” NEEKA

The report outlines the main systemic problems that lead to regular violations of the rights of refugees, asylum seekers, and stateless persons, as well as provides specific proposals to the Government on ways to address these problems.  

Such problems include the de facto impossibility of temporary employment for asylum seekers and the absence or limited access of asylum seekers and their children to free health services.

For example, the CF “Right to Protection” provided legal assistance to the families of Afghan citizens who were forced to flee the country to escape the war and as a result, found protection in Ukraine. There is a minor child in the family who needs medical care, but it is not possible to sign a declaration with the family doctor because parents must provide a valid identity document (the application for protection is not recognized as an identity document).

Seeing a certificate for the protection, one by one the employers closed the doors to him because Ukrainian law requires them to obtain a work permit and to pay him an official salary of at least 10 minimum Ukrainian wages. As a result, he entered the market unofficially. Such work rarely goes unnoticed: in a few months, one receives a fine for informal employment.

To address these issues, the NGO coalition recommends amending a number of laws, providing for the right of applicants to work without a special employment permit for foreigners, and for the Ministry of Health of Ukraine to develop and submit to the Verkhovna Rada a bill on the provision of medical services to children whose parents do not have identity documents.

The State has made some significant achievements in this direction over the past year, such as the creation of a legislative foundation for the introduction and operation of the procedure for recognition as a stateless person.  However, some of the issues identified in the report have not been addressed for many years and have been in the focus of past UPR reviews.

Among such problems is the unjustified detention of stateless persons for further identification and expulsion. For example, CF “Right to Protection” recently reported that a stateless person is threatened with detention. In this context, NGOs again recommend that detention be provided only as a last resort, when necessary and proportionate after all alternatives (starting with the least restrictive ones) have been exhausted.

The problem of the impossibility of identification related to imperfect legal regulation has become systemic: when checking citizenship, obtaining a passport of a citizen of Ukraine, obtaining a passport for the first time, establishing a person in court, etc. The second part of the report provides a list of legislative gaps and problems of law enforcement.

For example, a woman of the retirement age with a disability to whom the CF “Right to Protection” provided legal assistance is not able to work due to her health condition. Due to the lack of documents, the disability is not registered, she does not receive pensions or other payments, medical care is not available to her, she has no housing, and no relatives. The woman lives in an abandoned house without gas, electricity, water. Twice a week she goes to receive free food, packs it in a liter jar, and stretches it for a week.

From April 15, food will stop being distributed and so this woman will be left without any means for existence at all. Without the documents, she cannot receive any other assistance or payments from the state or volunteers. All of this is the consequence of the impossibility to identify her and provide the woman with a passport of a citizen of Ukraine. As it has been stated before, due to the lack of identity documents, the rights of such persons are repeatedly violated. 

In this regard, the coalition of NGOs – the authors of this report, recommend legislatively improve the rules of the procedure for establishing an identity of a person, including the procedure for issuing a passport of a citizen of Ukraine.

The alternative report itself is posted on the website of the Office of the UN High Commissioner for Human Rights and presented on December 15, 2020, during the public discussion of the draft state interim report on the status of implementation of recommendations received from the 3rd cycle of the UPR. 

What is the Universal Periodic Review (UPR)? Whose recommendations should the Government follow?

The UPR assesses the implementation of the human rights obligations by the States under the following instruments: 

(1) the Charter of the United Nations; 

(2) Universal Declaration of Human Rights;

(3) human rights instruments to which the State is a party (human rights treaties ratified by the State); 

(4) voluntary statements and commitments of States (including national human rights policies and/or implemented programs);  and, 

(5) international human rights instruments. The UPR is a mechanism of the UN Human Rights Council, which conducts regular reviews of the implementation of human rights commitments and responsibilities by 193 UN member states four times a year. The review is conducted by the UPR Working Group, which consists of 47 members of the Human Rights Council.

This review takes place through a three-hour interactive dialogue between the State concerned, the member countries of the Council, and the observer countries. During this discussion, any UN Member State may ask questions, express its conclusions, and/or make recommendations to the State concerned.

The last review of Ukraine’s compliance with its commitments took place in 2017, as a result of which various countries around the world provided 201 recommendations to the Government of Ukraine on overcoming certain challenges in the field of human rights. The government supported 171 of these recommendations, in other words, recognized the need to implement them. The other 30 were left without official support from Ukraine, but this does not mean that they will be ignored. 

For example, in 2012, Ukraine was recommended to ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, which the Government of Ukraine simply complied with without official support. In 2013 these documents were ratified.

Thus, the Government should report in 2023 (the next review of the state of human rights in Ukraine in the framework of the UPR) if it has implemented all the recommendations received in 2017 from the other states. A positive initiative was the interim reporting of Ukraine in 2020 on the progress already made, especially since such reporting is not mandatory. This report in particular did not overlook some issues regarding the rights of these categories in the Annex to the report.

Our report assesses the implementation of some of these recommendations, as well as an assessment of the observance of the rights of refugees, asylum seekers, and stateless persons in the country as a whole. We hope that, through and independently of the UPR mechanism, the situation of these vulnerable categories will be improved by addressing current and outdated challenges.


The infographics for this review are available in Ukrainian and English.

Also read:

06.04.21

In mid-March 2021, the European Court of Human Rights (ECtHR) ruled in case “TURDIKHOJAEV v. UKRAINE” (application no. 72510/12).  The Court found that Ukraine had violated Article 3 and parts one and five of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) concerning the prohibition of inhuman treatment and the right to liberty and security of person.

The case concerned a complaint of a citizen of Uzbekistan regarding his extradition detention in Ukraine after being recognized as a refugee by the Swedish government, as well as the conditions of his detention in the Kyiv Remand Prison inside the metal cell in the courtroom.

Uzbekistan Україна має виплатити 9000 євро громадянину з Узбекистану

The applicant was detained after arriving at Boryspil Airport in June 2012 as he was on the international wanted list at the request of Uzbekistan, and the Boryspil Court remanded him in custody for 30 days. Following his arrest, the applicant applied for refugee status.

In July 2012, Uzbekistan sent an extradition request, accusing this man of a membership in an extremist (fundamentalist) organization, distributing “subversive” literature, and attempting to overthrow the constitutional order in Uzbekistan. The Shevchenkivsky District Court applied an extradition arrest to the applicant for the duration of the extradition proceedings, but not more than 18 months.

In December 2012 the State Migration Service of Ukraine (SMSU) refused to recognize the applicant as a refugee. The court reviewed and extended the extradition arrest several times in 2012 and 2013. In January 2013 the Prosecutor General’s Office of Ukraine decided to extradite the applicant to Uzbekistan. In February 2013, the Shevchenko court upheld the decision.

In March 2013 the District Administrative Court upheld the SMSU decision to deny the applicant refugee status. When the extradition case was heard in the Court of Appeal, the applicant was kept in a metal cage, although he begged not to do so, as he had not committed any violent crime and should have been presumed innocent in accordance with the constitutional principle of the presumption of innocence.

In April 2013 the applicant was recognized as a refugee by the Swedish Government and was allowed to settle in Sweden. The Office of the United Nations High Commissioner for Refugees (UNHCR) immediately informed the Prosecutor General’s Office of Ukraine (PGOU) about this decision. The Swedish embassy in Ukraine also notified the PGOU about this fact. In accordance with the provisions of the Criminal Procedure Code of Ukraine, the recognition of the applicant as a refugee makes it impossible to extradite such a person.

However, the prosecutors did not pay attention to these circumstances and continued to defend their extradition decision, despite the fact that in mid-May 2013 they even received a copy of the decision to recognize the applicant as a refugee from the Swedish embassy.

At the end of May the Kyiv Administrative Court of Appeal upheld the SMSU decision to deny the applicant refugee status.

In early June 2013 the Kyiv City Court of Appeal quashed the Migration Service decision to extradite the applicant. The next day after the applicant’s decision he was released. Later, he moved to Sweden, where he lives to this day.

From the end of June 2012 to the beginning of June 2013 the applicant was held in the Kyiv remand prison in various cells: for 7 days he was held in a 31.6 square meters cell together with 28 other detainees, for 45 days in a 34 square meters cell with 30 cellmates, 5 months in a cell with an area of ​​39.2 square meters together with 22 people and another 5 months in a cell with an area of ​​53.3 square meters with 33 cellmates.  All these cells did not have ventilation, the conditions were unbearable. The applicant was defended in national courts by the ECtHR by the lawyers of the Charitable Fund “Right to Protection” (R2P).

Uzbekistan Україна має виплатити 9000 євро громадянину з Узбекистану

The ECtHR found a violation of Article 3 of the ECHR concerning the conditions of the applicant’s detention in a Kyiv pre-trial detention center and his placement in a metal cage during court hearings, a violation of Article 5 § 1 concerning the applicant’s extradition arrest until the moment of actual release (one and a half months), and violation of the fifth part of Article 5 regarding the lack of an effective legal mechanism for obtaining compensation for illegal detention at the national level.

The fair satisfaction awarded by the court in this case amounted to EUR 9,000, which the applicant shall receive from Ukraine within three months.

Although there have been no cases of recognized refugees detention for the purpose of extraditing since the events took place, violations of the rights of asylum seekers during the extradition procedure still exist. Thus, there is a conflict between the requirements of the Law of Ukraine “On Refugees and Persons in Need of Additional or Temporary Protection“, which requires a personal application for refugee status, while at the same time the law on detention does not allow to apply for such a status from the sites of imprisonment.

Also read:

31.03.21
R2P LOGO ENGLISH

To the Committee

of the Verkhovna Rada of Ukraine 

on the law enforcement activities

Mykhaila Hrushevskoho Street, 5,

Kyiv, 01008

drapyatyi@v.rada.gov.ua 

shportko@v.rada.gov.ua 

baranets@v.rada.gov.ua

Ex.  № 134

from 05.03.2021

Proposals of the CF Right to Protection (R2P) to the draft Law on Amendments to the Code of Ukraine on Administrative Offenses for improving the Migration legislation

 Introduction

On November 20, 2020 a Draft Law on the Amendments to the Code of Ukraine on Administrative Offenses to Improve Migration Legislation was submitted by the Cabinet of Ministers of Ukraine to the Verkhovna Rada of Ukraine.

The Charitable Fund “Right to Protection” (R2P) draws the attention of the subject of the legislative initiative and legislators to the fact that the provisions of this bill affect the situation of asylum seekers in Ukraine, and therefore considers it necessary to provide an analysis of the bill in this regard.

The essence of the bill

The draft law was developed by the Ministry of Internal Affairs of Ukraine in order to prevent and counteract illegal migration in Ukraine, ensure state security and approximate Ukrainian legislation to international standards.

It provides for the improvement of the norms of the Code of Ukraine on Administrative Offenses, which establishes the liability for violations of migration legislation.

Thus, in particular, Article 203 of the Code of Administrative Offenses is proposed in eight parts, each of which provides for different sanctions.

Regarding the imposition of an administrative penalty on asylum seekers

According to the draft Law, Part 2 of Art. 203 of the Code of Administrative Offenses of Ukraine provides for liability for stay in Ukraine without a certificate of application for protection in Ukraine in the form of a fine of one hundred to two hundred non-taxable minimum incomes (i.e., from 1700 to 3400 hryvnias).

Thus, for the first time, the project singles out a special subject of the offense – a protection seeker (person who applied for protection in Ukraine).

The procedure for applying for protection and the legal status of asylum seekers in Ukraine is regulated by the Law of Ukraine “On Refugees and Persons in Need of Additional or Temporary Protection”. 

The same law stipulates that a certificate of application for protection in Ukraine is a document certifying the legality of a person’s stay on the territory of Ukraine for the period from the moment a person applies for refugee or a person in need of additional protection until the final determination of such person’s status or until leaving the territory of Ukraine. The certificate of application for protection is not an identity document.

The treatment of refugees staying illegally in the country is regulated by Article 31 of the 1951 Refugee Convention. The United Nations High Commissioner for Refugees (UNHCR), referring to this article, states that the measures taken by the state in these cases should be proportionate to the legitimate aim and applied on an individual case-by-case basis.

As stated in the Strategy of State Migration Policy of Ukraine for the period up to 2025, the policy on asylum seekers should take into account the “humanitarian component, which provides for the sympathy of government officials and other stakeholders, as well as the society.

Persons whose legality of stay in Ukraine is certified by an application for protection, usually do not speak Ukrainian, do not have legal means of self-sufficiency, are not familiar with the requirements of Ukrainian legislation on the rules of stay in Ukraine and, accordingly, need a significant period of time to integrate into the Ukrainian society. These features must be taken into account as effectiveness of legal influence on above mentioned persons is dependent on it.

One of the alternative sanctions under Art. 203 of the draft is that the initiator of the bill provides a warning. The warning in fact combines a formal condemnation of a person’s illegal behavior (an administrative offense with a minor degree of social harm) and informing the person about the inadmissibility of such behavior in the future.

Given the above, such a reaction of the state to the violation committed by the seeker of protection is optimal and proportionate to the legitimate aim in the context of further integration of this person into Ukrainian society.

Regarding the access to the Stateless Determination Procedure

On June 16, 2020, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Recognition as a Stateless Person” was adopted, which provides for the procedure for recognition as a stateless person in Ukraine.

According to the second paragraph of the second part of Article 4 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons” a person who cannot obtain a passport document due to not being considered a citizen by any state has the right to apply to the State Migration Service for recognition as a stateless person, regardless of the legality or illegality of his stay in Ukraine.

The guidance of the United Nations High Commissioner for Refugees (UNHCR) on the protection of stateless persons, noted in paragraphs 68-69, suggests that the states which introduce the Stateless Determination Procedure must ensure the actual access of such persons to the procedure for the purpose of its efficiency and fairness

It is emphasized that access to the procedure for recognition as a stateless person should be provided for every person. Achieving this goal is impossible if an undocumented person who meets the criteria of a stateless person and intends to apply for recognition as a stateless person is afraid of administrative liability for violation of the order of stay in Ukraine.  

It should be noted that persons with uncertain citizenship, who apply for legal aid to the Charitable Fund “Right to Protection” (R2P) in order to obtain citizenship and obtain a passport, report to be held administratively liable under Article 203 of the Code.

In the practice of European countries, such as France, Moldova, Switzerland, Spain, Bulgaria, there are no fines / fees for applicants for recognition as a stateless person.

Suggestions

In order to bring Article 203 of the Code of Administrative Offenses of Ukraine in accordance with the provisions of Articles 4 and 6-1 of the Law of Ukraine “On Legal Status of Foreigners and Stateless Persons” we consider it necessary to supplement part three of Article 203 of the Code, providing that this article does not apply in cases of absence of the specified documents at the person who addresses in the established order with the statement on recognition as the stateless person at the moment of the address.

In order to ensure the effectiveness of legal influence on asylum seekers, taking into account the humanitarian component, we consider it necessary to supplement the second part of Article 203 of the Code with an alternative sanction – a warning.

A Comparative table with the proposals of the Charitable Fund “Right to Protection” (R2P) is attached.

With Regards,

President

of the Charitable Fund Right to Protection(R2P)

Oleksandr Galkin

16.03.21

Migrant Accommodation Centre (MAC) is a temporary stay point for foreigners and stateless persons that have no legal right to stay on the territory of Ukraine.

There are three such points in Ukraine – in the Rozsudiv village (Chernihiv region), in the Martynivske village (Mykolaiv region) and in the Zhuravychi village (Volyn region).

A person can be placed in MAC if:

  • The court made a decision on forced expulsion against such a person.
  • The court made a decision on the detention of such a person for the purpose of identification and enforcement of expulsion.
  • A person was detained by the representatives of the State Migration Service of Ukraine and has no documents that confirm the legal grounds to stay in Ukraine.
  • A person was detained by a court decision until the completion of an asylum application in Ukraine (refugee status or complementary protection).

If you are detained and you need the help of a lawyer, call the emergency hotline of the Right to Protection CF: 

+38 (093) 038 95 62

More useful information concerning the rights of refugees and persons in need of complementary protection can be found on the Facebook page of the Refugee Helper chatbot.

UNHCR Ukraine – United Nations High Commissioner for Refugees in Ukraine


Also read:

26.02.21

On November 5, 2020, the Cabinet of Ministers of Ukraine submitted to the Verkhovna Rada of Ukraine a draft law «On Amendments to Certain Laws of Ukraine Concerning the Regulation of Issues Related to Prisoners of War and Internees During a Special Period.»

Charitable Fund Right to Protection draws the attention of the subject of the legislative initiative and legislators to the fact that the provisions of this bill apply not only to prisoners of war, but also to foreign civilians who are on the territory of Ukraine, and therefore considers it necessary to provide analysis of the bill in this aspect.

The essence of the bill

The draft law was developed by the Ministry of Defense of Ukraine to ensure the implementation of Ukraine’s international obligations regarding the detention of prisoners of war and internees during a special period.

It implements changes and additions to the following laws of Ukraine: «On the Security Service of Ukraine»;  «On local self-government in Ukraine»;  «On local state administrations»;  «On the Armed Forces of Ukraine»;  «On the Defense of Ukraine»;  «On the Military Law Enforcement Service in the Armed Forces of Ukraine»;  «On the legal status of foreigners and stateless persons»;  «On the National Guard of Ukraine»;  «On the National Police».

According to the text of the draft, internees are persons who have been interned (forcibly settled in certain places by citizens of a state that threatens to attack or carry out aggression against Ukraine, who are on the territory of Ukraine, if it is absolutely necessary to ensure national security of Ukraine).

 «After the draft law №4327 was registered, our beneficiaries began to ask for explanations as to whether certain provisions of the bill violate their rights. In the process of analysis, we found that their fears are not unfounded, because the draft does not contain a clear internment procedure and possibility to appeal if such a decision wa made, »

– said Svitlana Butenko, senior lawyer for strategic litigation at Right to Protection CF.

Risks for refugees, persons in need of additional protection, asylum seekers

1. The Ministry of Defense states in the Explanatory Note to the draft law that the draft law does not contain provisions that could lead to  violation of the rights and freedoms guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter – the European Convention), affect equal rights and opportunities for women and men, contain risks of committing corruption offenses and offenses related to corruption or create grounds for discrimination.

However, the Right to Protection CF considers it necessary to point out that certain provisions of this draft law that may violate the rights and freedoms guaranteed by the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms.

In particular, it violates the right to liberty and security of person, guaranteed by The Constitution of Ukraine and Article 5 of the European Convention; the right to privacy provided for in Article 32 of the Constitution of Ukraine and Article 8 of the European Convention; the right to freedom of movement provided for in Article 33 of the Constitution of Ukraine and Article 2 of Protocol № 4 to the European Convention, and also violates the guarantees established in Articles 35, 43 and 44 of the IV Geneva Convention.

In addition, the provisions of the draft do not comply with the principle of legal certainty, i.e. are not clear, accessible and predictable for law enforcers, which contradicts the European Convention on Human Rights in its interpretation by the European Court of Human Rights.

 2. The draft significantly expands the powers of the Security Service of Ukraine, the National Police of Ukraine and the Armed Forces of Ukraine to identify citizens who pose a threat to Ukraine’s national security or threaten to attack or carry out aggression against Ukraine, as well as to make decisions on their internment. 

The unlimitedness of these powers in time, space, and the application of a sufficiently broad wording to the range of persons to whom it may be applied poses a threat of arbitrariness. This position is shared by UNHCR, as stated in the Thematic Legislative Update for November 2020, prepared on the basis of a legal analysis of laws and public policies concerning refugees, asylum seekers, stateless persons, internally displaced persons and victims of conflict in Ukraine.

The draft does not define a clear procedure for deciding on the internment of a person. In particular, it does not stipulate that such a decision is made for each person individually.  This is contrary to Article 75 of the Additional Protocol to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of International Armed Conflicts (Protocol I) of 8 June 1977, which prohibits collective punishment of persons under the authority of a party.

3. The draft does not provide a definition of persons who “pose a threat to the national security of Ukraine” and does not guarantee that a person is informed of the reasons for his or her internment, as expressly provided in Article 75 of Protocol I. This significantly limits ability to appeal for  such a person.

Failure to comply with the principle of legal certainty in the project may lead to the fact that the above exclusive powers of public authorities may be applied to an unlimited number of citizens of the Russian Federation who are in Ukraine, including refugees, persons in need of additional protection, asylum seekers.

The draft law does not contain any safeguards against the internment of civilians who are refugees or persons in need of additional protection or seekers of protection, which is directly contrary to the provisions of Article 44 of the Convention for the Protection of Civilian Persons in Time of War of 12 August  1949 (IV Geneva Convention).

Persons who may be interned under the requirements of this draft law, contrary to the safeguards and guarantees provided for in Article 35 and Article 43 of the IV Geneva Convention, are not protected by the right to leave the country at the beginning and during the armed conflict or by immediate judicial review (and subsequent  review at least twice a year).

At the same time, the draft proposes to supplement the grounds for banning the departure of foreigners or stateless persons from Ukraine, provided for in part two of Article 22 of the Law of Ukraine «On Legal Status of Foreigners and Stateless Persons» with the paragraph “on internment decision – until revocation of internment decision”.

 4. The draft law provides for amendments to Article 11 of the Law of Ukraine “On Defense of Ukraine”, according to which an internee has the right to appeal the decision on his / her internment in the manner prescribed by law.

Given that internment is a special procedure, the appeal of the decision should also have certain features, such as a reduced period of consideration of such cases and their appellate review, compared to other categories of cases.  

Therefore, the bill should contain relevant provisions on the procedure for appealing such a decision. However, those provisions are absent in the text of the draft law. Given this, such an approach may contradict the provisions of Articles 55 and 124 of the Constitution of Ukraine, which guarantees the right to appeal in court against decisions, actions or omissions of the authorities, as well as to extend the jurisdiction of the courts to any legal dispute.  

Despite the general rules on the right to appeal contained in the text of the bill, the law in this case should provide for an appropriate appeal procedure with its features if necessary, which in turn will guarantee the realization of the internee’s right to a fair trial.

However, the final and transitional provisions of the bill also do not contain relevant proposals for legislative changes. Therefore, even if the internee has the right to appeal, he or she will not be able to use it in the absence of the necessary simplified procedure.

The absence of relevant provisions in the text of the bill does not allow for judicial control over the decisions of public authorities – the General Staff of the Armed Forces of Ukraine and the Security Service of Ukraine, even if decisions are made in a special period. This contradicts Article 64 of the Constitution of Ukraine, the constitutional right of a person and a citizen to appeal provided for in Article 55 of the Constitution of Ukraine may not be restricted in a state of war or emergency.

Conclusion

Given the risks outlined above, the purpose of the project is to implement the Geneva Convention on the Protection of Civilian Persons in Time of War, which seeks to protect a certain group of persons and begins when, in the event of a conflict or occupation, a person finds himself under the authority of a party to the conflict or of an occupying State of which he or she is not a national. This purpose is not reached in this draft law.

In this regard, we empasize that the draft must be brought in line with Ukraine’s international obligations under the Geneva Convention concerning to the Protection of Civilian Persons in Time of War. Based on this, the Right to Protection CF provides the following recommendations for finalizing the draft law № 4327:

1. Refugees, persons in need of additional or temporary protection, asylum seekers should be excluded from the scope of regulation of this draft law.

2. The draft law should be supplemented by the guarantee to be able to freely leave the territory of Ukraine by the persons who are subject to internment at the beginning and during the armed conflict as an alternative to internment.

3. The draft law should be accompanied by a clear definition of «a person who poses a threat to the national security of Ukraine» and guarantee the individuality of the decision to intern persons and properly inform such a person about the reasons for his or her internment.

4. The draft law should be supplemented by the procedure of urgent judicial control on the legality of the application of internment of persons (to be performed at least once every six months) with the possibility of appeal.


UNHCR Ukraine – Aгентство ООН у справах біженців в Україні

Read also:

24.02.21

In Ukraine, it is forbidden to deport, extradite, or forcibly return not only refugees, but also persons who have applied for international protection (asylum seekers)!

It is a safeguard to protect against threats to life, liberty or torture in the country of affiliation.

«In legal consultations we share with lawyers and attorneys our vast experience in protecting asylum seekers who have faced the extradition check in Ukraine. We emphasize that everyone should have access to the migration procedure in Ukraine, and extradition checks should be carried out exclusively in accordance with law,»

– said Svitlana Butenko, strategic lawyer at Right to Protection CF.

More information on how to prevent the extradition of asylum seekers can now be found on the legal consultations platform WikiLegalAid. In the new material, our lawyers described in detail the legal regulation and practical aspects of the extradition of asylum seekers in Ukraine.

We offer lawyers and human rights activists to use this material in their practice as well!

UNHCR Ukraine – Aгентство ООН у справах біженців в Україні


More:

12.02.21

A person who is recognized as a refugee in Ukraine can obtain Ukrainian citizenship. To start the procedure, a refugee needs to submit the following documents:

  • Application for admission to the citizenship of Ukraine (2 copies);
  • Three photographs (35 x 45 mm);

One of the following documents:

  • Document on proficiency in the Ukrainian language or its understanding in an amount sufficient for communication, which is issued in Ukraine by the head of the educational institution or the local authority of Ukraine;
  • Copy of the certificate or an extract from the transcript of the diploma – for a person who has a document on graduation from an educational institution with the study of the Ukrainian language;
  • Document confirming disability – for a person with physical disabilities.

One of the following documents:

  • Declaration of absence of foreign citizenship – for stateless persons;
  • Declaration of refusal of a person who has been granted refugee status in Ukraine or asylum in Ukraine from foreign citizenship – for foreigners;
  • Documents confirming the granting of refugee status in Ukraine, as well as the fact of continuous legal residence on the territory of Ukraine for three years from the date of granting refugee status (certificate from the State Migration Service of Ukraine, copy of refugee certificate, copy of refugee travel document).

Applications for acceptance into Ukrainian citizenship are submitted by the refugee personally to the territorial subdivision of the State Migration Service of Ukraine at the place of registration in Ukraine.

The decision to accept a refugee into Ukrainian citizenship is made by the President of Ukraine.

The total period for consideration of applications of refugees for Ukrainian citizenship should not exceed nine months from the date of their receipt.

For refugees who have acquired Ukrainian citizenship, the territorial divisions of the State Migration Service of Ukraine issue passports of a citizen of Ukraine.

refugee citizen Ukraine passport паспорт біженець громадянство України

More relevant information is available on the
Refugee Helper chatbot page on Facebook


UNHCR Ukraine – Aгентство ООН у справах біженців в Україні

Read more:

28.01.21

What is the difference between the asylum seeker and person in need of additional protection? How to appeal the refusal to recognize a person as a refugee? What are the rights of a stateless person? How to confirm the citizenship of Ukraine?

Comprehensive answers to these and other questions can now be found in the handbook “Legal Protection of Asylum Seekers, Refugees and Stateless Persons in Ukraine” which was developed by the Right to Protection CF team specifically for lawyers and attorneys who work or have just begun to work with the cases of asylum seekers, refugees and stateless persons.

Goal of this handbook is to systematize knowledge and skills in the field of protection of the rights of these persons. Each page has valuable and practical information. Handbook consists of two sections with corresponding subsections.

R2P hopes that the collected information will be useful, interesting and helpful to every human rights activist!

Handbook can be viewed or downloaded
following this link (in Ukrainian).