Law of Ukraine
"On Border Control"
Date of entry into force:
December 8, 2009
The present Law defines the legal grounds of border control, procedure of border control and rules of crossing of the state border of Ukraine.
Article 1 of the present Law defines terms used in it.
According to Article 2 of the present Law, border control is a type of state control carried out by the State Border Guard Service of Ukraine that includes a complex of actions and measures aimed at establishing the legal bases of crossing of the state border of Ukraine by persons, vehicles and cargoes.
Border control is carried out in respect of:
- persons crossing the state border;
- vehicles carrying persons and cargoes across the state border;
- cargoes moved across the state border.
Border control includes:
- checking of documents;
- inspection of persons, vehicles and cargoes;
- carrying out instructions of law enforcement bodies of Ukraine;
- verifying adherence to the conditions of crossing of the state border of Ukraine by foreigners and stateless persons in case of entry to Ukraine, departure from Ukraine and transit through the territory of Ukraine;
- registering foreigners, stateless persons and their passport documents at state border checkpoints;
- checking of motor vehicles in order to discover stolen ones.
The principles of organizing and carrying out border control are envisaged in Article 4 of the present Law.
According to Article 5 of the present Law, border control and passage through the state border of persons, vehicles and cargoes is carried out:
- at state border checkpoints;
- outside of border checkpoints;
- on the territory of neighboring states (mutual control of crossing of the state border by persons, vehicles and cargoes can be carried out at the state border through cooperation of the state bodies of Ukraine and corresponding bodies of the neighboring countries).
Passage through the state border of Ukraine can be done outside of state border checkpoints or at state border checkpoints outside of regular working hours in the following cases:
- arrival of a yacht into a port or departure of a yacht from a port (in case of force majeure circumstances, a yacht arriving from another state can enter a port located on the territory of Ukraine in which the border checkpoint is not open, without permission of the port captain, with subsequent informing of the captain of the arrival);
- off-shore fishing;
- movement of river boats and sea crafts through inland waterways;
- landing of craft crew to stay in the settlement, in which the port is located;
- special needs of a humanitarian nature, of a person or a group of people, provided the lack of threat to the national security of Ukraine;
- exigent circumstances related to liquidation of man-caused and natural emergencies, their consequences and danger to life, provided lack of threat to the national security of Ukraine.
Crossing of the state border of Ukraine by persons, vehicles and cargoes is allowed only under the condition of border control, and by permission of authorized officials of the State Border Guard Service of Ukraine. The border control of a person, vehicle or cargo is initiated when passport and other documents specified by the legislation are passed to the authorized official of the State Border Guard Service of Ukraine for checking. Passage of persons through the state border of Ukraine is permitted by authorized officials of the State Border Guard Service of Ukraine based on valid passport documents, as well as based on other documents, in cases provided for by the legislation of Ukraine. Passage of vehicles and cargoes through the state border of Ukraine is done after all forms of state border control defined by the legislation have been carried out. Border control is considered complete when the authorized official of the State Border Guard Service of Ukraine grants permission to cross the state border to the person, vehicle or cargo, or after the responsible person is informed of the decision to deny permission to cross the state border to the person, vehicle or cargo (Article 6 of the present Law).
The procedure of border control for persons is envisaged in Article 7 of the present Law.
According to Article 8 of the present Law, authorized officials of the State Border Guard Service of Ukraine grant a foreigner or a stateless person the permission to cross the state border and enter Ukraine under the following conditions:
- availability of a valid passport document;
- lack of a decision to deny entry to Ukraine made by an authorized state body of Ukraine in respect of said person;
- availability of an entry visa, unless otherwise provided for by the legislation of Ukraine;
- confirmation of the purpose of the planned visit;
- availability of financial means sufficient for the period of planned stay and for return to the country of origin or transit to a third country, or the possibility of acquire sufficient financial means in the territory of Ukraine by legitimate methods (for citizens of states included in the list of states approved by the Cabinet of Ministers of Ukraine, and stateless persons permanently residing in states included in such list).
The procedure of border control for foreigners and stateless persons for entry to/exit from Ukraine is established in Articles 9 and 10 of the present Law.
Article 11 of the present Law defines conditions of simplified border control.
The procedure for denying permission to cross the state border to foreigners, stateless persons and citizens of Ukraine is envisaged in Article 14 of the present Law.
Chapter III of the present Law establishes peculiarities of border control for the following cases:
- at state border checkpoints for highway service;
- at state border checkpoints for rail service;
- at state border checkpoints for aerial service;
- at state border checkpoints for marine and river service;
- cruise ships;
- fishing vessels;
- international ferries;
- certain categories of people (heads of states and members of delegations arriving together with them; persons with diplomatic, official or service passports issued by foreign states acknowledged by Ukraine; persons that perform their duties according to authority granted by international intergovernmental organizations; pilots and other crew members of aircrafts performing international flights; crew members of marine vessels; cross-border workers and other categories of people that cross the state border regularly, but no less than once per week; citizens of Ukraine under 16 years of age).
The final provisions of the present Law envisages amendments to the Laws of Ukraine "On the State Border of Ukraine" and "On the State Border Guard Service of Ukraine".