Law of Ukraine

“On Ratification of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Russian Federation on Cooperation During Joint Control of Persons, Vehicles and Goods on the Ukrainian-Russian State Border”

Date of entry into force:
February 14, 2012

The Agreement between the Cabinet of Ministers of Ukraine and the Government of the Russian Federation on Cooperation During Joint Control of Persons, Vehicles and Goods on the Ukrainian-Russian State Border (hereinafter referred to as “Agreement”) was signed on October 18, 2011 in Donetsk.

The Law ratifies the Agreement.

The Agreement determines the principles of cooperation during joint control in relation to crossing of the Ukrainian-Russian state border (hereinafter referred to as “border”) by persons and vehicles, and movement of goods across it (Article 1 of the Agreement).

Article 2 of the Agreement provides definitions of terms used in it.

Joint control is carried out in motor and railroad border checkpoints, and can also be carried out during the movement of passenger trains between railroad border checkpoints (Article 3 of the Agreement).

According to Article 4 of the Agreement, control authorities can carry out joint control in full:
  • in the border checkpoint on the territory of one Party state;
  • in border checkpoints on the territory of both Party states, when control authorities of the state of departure carry out control on the territory of the state of arrival;
  • for passenger railway transportation, during movement of the passenger train on near-border railway stretches, or on the territory of both Party states, with the prerogative of carrying out arrival control and assigning departure control, completely or partially, to the control authorities of the other Party state.

Control is first carried out by control authorities of the departure state. Control authorities of the arrival state can start control only after the control authorities of the departure state inform of the control completion. This requirement also applies if control authorities of the departure state did not carry out any control. The provisions of the legislation of the departure state related to control stop applying as soon as employees of the departure state control authorities inform of the control completion. After control is initiated by the control authorities of the arrival state, the control authorities of the departure state are only allowed to carry out repeat control by consent of the control authorities of the arrival state. During joint control, control bodies mutually recognize the means used to identify persons, vehicles and goods, and documents used for control purposes (Article 6 of the Agreement).

Article 7 of the Agreement envisages that if employees of control authorities of one of the Party states that carry out control on the territory of the other Party state discover an offence committed by a citizen of the Party state on whose territory control is being carried out, they record the offence appropriately.

Control authorities of the departure state must accept back a person denied entry to the arrival state by the latter’s control authorities. Control authorities of the departure state have no right to deny acceptance and re-import of goods denied entry to the arrival state by the latter’s control authorities (Article 8 of the Agreement).

According to Article 10 of the Agreement, employees of control authorities of one Party state that carry out control on the territory of the other Party state under the Agreement have the right to the following, within the territory established for joint control and according to the legislation of their state:
  • wear uniform and insignia;
  • wear and use handcuffs, truncheons and other specialized means of protection to prevent direct violence against their life and health, or the life or health of another person, as well as to detain and deliver persons that committed an offence;
  • use service dogs for smell search for persons and goods (items) forbidden or restricted for movement across the border.

The Party on whose state territory control is carried out enables control authorities of the other Party state, and their employees, to exercise their authority and service duty, and provides them with assistance and legal protection to the same extent as to the control authorities of their own state (Article 11 of the Agreement).
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