Law of Ukraine

“On Ratification of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Russian Federation of Readmission”

Date of entry into force:
July 7, 2013

The Agreement between the Cabinet of Ministers of Ukraine and the Government of the Russian Federation of Readmission (hereinafter referred to as “Agreement”) was signed on October 22, 2012 in Moscow.

The Constitution of Ukraine (Article 85, paragraph 32) states that the Verkhovna Rada of Ukraine provides consent for Ukraine to be bound by international agreements. And, according to Article 9 of the Law of Ukraine "On International Agreements of Ukraine", the Agreement is subject to ratification.

The Law ratifies the Agreement.

Article 1 of the Agreement provides definitions of terms used in it. For example, readmission means handing over by the competent authorities of the addressed Party state, and admission by the competent authorities of the requesting Party state, on the terms and for the purposes stipulated by the Agreement, of persons that entered or remain on the territory of the requesting Party state in violation of the legislation of that state in the issues of entry, exit and stay of foreign citizens and stateless persons.

The competent authorities of the addressed Party state, at the request of the competent authorities of the requesting Party state, readmit persons who entered the territory of the requesting Party state, or remain on it, in violation of such state’s legislation in the issues of entry, exit and stay of foreign citizens and stateless persons, if it has been established that these persons are citizens of the addressed Party state, or lost its citizenship after entering the territory of the requesting Party state and have not acquired citizenship of any other state, or if a decision was made by the requesting Party state to deny its citizenship to such persons.

If necessary, the competent authorities of the addressed Party state issue documents required to enter the territory of such state to the persons being handed over. The list of documents used to determine the fact of the person having the citizenship of either of the Party states is contained in the Executive Protocol. Subsequently, each Party shall immediately inform the other Party of any changes in the list of documents, through diplomatic channels. If none of the documents used to determine the fact of the person having the citizenship of either of the Party states can be provided, the competent authority of the requesting Party state shall agree with the competent body of the addressed Party state on conducting an interview with the person subject to readmission, without undue delays, in order to procure information about their citizenship (Article 2 of the Agreement).

According to Article 3 of the Agreement, the competent authorities of the addressed Party state shall, at the request of the central executive authority of the requesting Party state, a citizen of a third country or a stateless person who is present on the territory of the requesting Party state in violation of this state’s legislation in the issues of entry, exit and stay of foreign citizens and stateless persons, if evidence is provided that such person:
  • entered the territory of the requesting party State directly from the territory of the addressed Party state, in violation of the requesting Party state’s legislation in the issues of entry, exit and stay of foreign citizens and stateless persons;
  • at the time of the readmission request, has legitimate grounds to reside on the territory of the addressed Party state.
The above readmission obligations do not apply if the citizen of a third state or the stateless person:
  • arrived to the territory of the requesting Party state under a visa-free regime according to an international agreement;
  • remained exclusively in the transit area of an international airport on the territory of the addressed Party state.

The readmission request is sent within 30 calendar days after the fact of unlawful entry or unlawful stay of such person on the territory of the requesting Party state was established (Article 4 of the Agreement).

Article 5 of the Agreement establishes that persons that the addressed Party consented to readmit are handed over within 30 days after such consent was received by the requesting Party, unless the competent authorities of the Party states agree otherwise in each specific case. Under an accelerated procedure, the person is handed over within 2 working days after the positive response to the readmission request.

At the request of the competent authorities of the requesting Party state, the competent authorities of the addressed party State, allow transit of third state citizens and stateless persons, including while escorted by employees of the competent authorities of the requesting State, through the territory of the addressed Party state, if the competent authorities of the requesting Party state provide written guarantees that such persons are granted uninhibited entry to the territory of the third state, regardless of whether it is a transit state or the destination state (Article 6 of the Agreement).

According to Article 7 of the Agreement, the Parties conclude the Executive Protocol that contains regulations regarding:
  • competent authorities and state border check points;
  • contents of the readmission or transit request, and the procedure for its submission;
  • interviews;
  • the readmission and transit procedure;
  • terms for handing over persons with escort including transit of third state citizens and stateless persons;
  • procedure for mutual payments related to the implementation of the Agreement.

The personal data exchanged by the competent authorities of the Party states or transferred between each other in relation to the implementation of the Agreement provisions are subject to protection in each Party state according to its legislation regarding protection of personal data, and according to international agreements the Party states are party to. The competent authorities of the Party states take appropriate measures to protect personal data from unauthorized access and disclosure. Personal data is transferred to a third Party only by prior written consent of the competent authorities of the Party state that transferred such data to the competent authorities of the other Party state (Article 8 of the Agreement).

Article 9 of the Agreement is dedicated to expenses related to readmission.
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