The Law of Ukraine

On the State Frontier Service of Ukraine

Date of Entry into Force:
August 1, 2003

The Law of Ukraine “On the State Frontier Service of Ukraine” (hereinafter referred to as “the Law”) according to the Constitution of Ukraine determines legal grounds for organization and activity of the State Frontier Service of Ukraine, its general structure, quantity, functions and authorities.

Basic functions of the State Frontier Service of Ukraine are:
- defense of the state border of Ukraine on dry land, sea, rivers, lakes and other reservoirs with the purpose of non-admission of illegal change of its line, ensuring of observation of the regime of state border and border regime;
- participation in the struggle against the organized crime and counteraction to illegal migration on the state border of Ukraine and within the controlled border districts;
- protection of foreign diplomatic institutions of Ukraine, etc.

Basic principles of activity of the State Frontier Service of Ukraine are:
- legality;
- respect to and observation of rights and freedoms of a man and a citizen;
- non-affiliation;
- continuity;
- one-man management, collectiveness while making important decisions;
- openness for democratic civic control.

The specially authorized central body of executive power on defense of state border implements the state policy in the field of defense of the state border of Ukraine, directs the State Frontier Service of Ukraine, participates in elaboration and implementation of general principles of legal registration and provision of inviolability of the state border and protection of Ukraine's sovereign rights in its exclusive economic zone.

The State Frontier Service of Ukraine and activity of the specially authorized central body of executive power on defense of state border is managed by the Head of the State Frontier Service of Ukraine. The Head of the State Frontier Service of Ukraine bears personal responsibility for fulfillment of tasks put on the State Frontier Service of Ukraine. The President of Ukraine designates for the post the Head of the State Frontier Service of Ukraine upon submission of the Prime Ministers of Ukraine and dismisses him thereof. The Head of the State Frontier Service of Ukraine has deputies that are designated by the President of Ukraine upon submission of the State Frontier Service of Ukraine.

The personnel of the State Frontier Service of Ukraine consist of military men and employees of the State Frontier Service of Ukraine. The military men are enlisted to the State Frontier Service of Ukraine and do military service thereof on the basis of the Law of Ukraine “On General Military Duty and Military Service”. The authorized officials of the State Frontier Service of Ukraine shall preliminary study the conscripts and pick them out in the military commissariats.

According to the tasks determined by Law the State Frontier Service of Ukraine shall:
- stop any attempts of illegal change of the line of the state border of Ukraine;
- terminate armed conflicts and other provocations on the state border of Ukraine in cooperation with the respective law enforcement bodies;
- participate in conducting territorial defense measures, as well as measures directed at observation of legal regime of martial law and emergency state, etc.

In the event of injury or disease obtained by a military man of the State Frontier Service of Ukraine during fulfillment of official duties or in case of establishment of disability as a result of the above injuries, as well as disability that occurred in the period of doing military service or not later than three months after discharge from the service or after the termination of this period, but as a result of disease or accident that happened during the service, he shall obtain compensation in the amount up to ten-year monetary provision according to the last post that he held, and in case of his death compensation shall be granted to the members of family in amount of twenty monetary provisions according to the procedure and under conditions determined by the Cabinet of Ministers of Ukraine. The family of the dead shall preserve the right to obtain accommodation.

Activity of the State Frontier Service of Ukraine is financed from the State Budget of Ukraine and other sources envisaged by the legislation. Activity of bodies of the State Frontier Service of Ukraine is ensured by the specially authorized central body of executive power on defense of the state border through the state defense order and government procurement of goods, works and services.

The Head of the State Frontier Service of Ukraine shall inform systematically the Verkhovna Rada of Ukraine about the fulfillment by the State Frontier Service of Ukraine of its tasks, observation of the legislation, ensuring of human rights and freedoms and other issues. The Head of the State Frontier Service of Ukraine shall inform systematically the President of Ukraine, the Council of National Security and Defense of Ukraine about the basic issues related to activity of the State Frontier Service of Ukraine and shall annually present to the President of Ukraine report about the activity of the State Frontier Service of Ukraine. Control over economic and financial activity of the State Frontier Service of Ukraine is performed according to the procedure determined by the laws of Ukraine. Supervision over observation of legality in the activity of the State Frontier Service of Ukraine is performed according to the procedure determined by the Constitution and the laws of Ukraine.

Military men and employees of the State Frontier Service of Ukraine make decisions within their authorities independently being guided by the Constitution and the Laws of Ukraine, other normative legal acts and orders of immediate commanders. The order that is obviously criminal shall not be executed. The officials who gave such order shall bear responsibility and compensate damage caused as a result of its fulfillment according to law. For illegal actions or inactivity the military men and the personnel of the State Frontier Service of Ukraine shall bear responsibility according to law. Disobedience or repulse to legal demands of military men and employees of the State Frontier Service of Ukraine, illegal interference in their legal activity results in the responsibility envisaged by law.
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