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2. Rights and obligations of citizens during martial law.

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Statement on temporary protection of citizens of Ukraine in Portugal
Statement on temporary protection of citizens of Ukraine in Portugal
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АДВОКАТ КРЫМ / LAWYER PRACTICE / Articles

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THE ORDER OF ENTRY IN THE TERRITORY UKRAINE

THE ORDER OF ENTRY IN THE TERRITORY OF CRIMEA AND LEAVE.

The resolution of the Cabinet of Ministers of Ukraine from June 4, 2015 No. 367 approved "Procedure of entry to the temporarily occupied territory of Ukraine and exit from it", while CMU was guided by subparagraphs 1 and 4 of paragraph 12.6 of article 12 of the law of Ukraine "On creation of free economic zone "Crimea" and peculiarities of implementation of economic activity on the temporarily occupied territory of Ukraine" and the second paragraph of article 10 of the law of Ukraine "On ensuring rights and freedoms of citizens and legal regime on the temporarily occupied territory of Ukraine".

The emergence of such laws indicates the stabilization of the situation in Ukraine and the freezing of the conflict. Ukraine, Crimea and Russia continue to live on and regulate their relationship through laws.

In accordance with the said Order of the special the permit is issued in case of:
1) residing on the temporarily occupied territory of Ukraine close relatives or family members of a foreigner or stateless person, which is confirmed by documents issued by state authorities of Ukraine;
2) location on the temporarily occupied territory of Ukraine the place of burial of close relatives or family members, which is confirmed by relevant documents;
3) death of close relatives or family members living in the temporarily occupied territory of Ukraine, which is confirmed by relevant documents;
4) ownership of the properties located in the temporarily occupied territory of Ukraine;
5) the need for participation in the protection of national interests of Ukraine for the purpose of peaceful settlement of the conflict, the liberation of Ukraine from occupation or humanitarian policy (solely at the request or with the agreement of the foreign Ministry);
6) necessary for the exercise of diplomatic and consular functions, in particular in the framework of the activities of international organizations of which Ukraine is (solely at the request or with the agreement of the foreign Ministry);
7) implementation regular trips on the temporarily occupied territory of Ukraine related to the labour activity of employees of the Railways.

A special permit is issued by the territorial authority of the State migration service of Ukraine in its form at the place of stay of a foreigner or person without citizenship on the territory of Ukraine.

For a special permit, the foreigner or the stateless person takes the territorial organ of the GMR with the following documents:
1) an application form;
2) passport (to be returned upon presentation);
3) a document confirming that the stay on the territory of Ukraine legitimate reasons;
4) copy of the passport page of the document or the document proving the identity without citizenship, with personal data of the person with translation into Ukrainian language, certified in the prescribed manner;
5) documents confirming the purpose of entry in the temporarily occupied territory of Ukraine.
6) a document confirming the existence of sufficient financial support for the period of the intended stay on the territory of Ukraine or appropriate guarantees of the receiving party (except for foreigners and stateless persons, to whom a special permit is issued under the conditions provided by subparagraphs 5-7 paragraph 21 of this Order);
7) three photographs (size 3.5 x 4.5 cm.

A special permit is issued to foreigners and stateless persons who have reached 18 years of age. Information about minors foreigners or stateless persons shall be entered in a special permit issued by their parents or legal representatives.
The issuance of a special permit or the decision on refusal in delivery is carried out by the head of territorial body of the GMR or his Deputy within a period not exceeding five working days from the receipt of all defined documents.

A special permit is issued for single entry or multiple entry in the temporarily occupied territory of Ukraine and departure and is valid for the period specified in the statement documented period which may not exceed the permitted period of stay of a foreigner or person without citizenship on the territory of Ukraine and shall take into account the time necessary to travel outside of Ukraine (not less than three business days).

A special permit for multiple entries in the temporarily occupied territory of Ukraine and exit from it, issued for one year on the grounds set out in subparagraphs 5-7 paragraph 21 of this Order, as well as foreigners or stateless persons who have permanent residence in Ukraine and the place of residence registered in the Autonomous Republic of Crimea or in Sevastopol.

Foreigners can also enter in the Crimea from the territory of Ukraine including for continuing education in the universities, also provided herein.

The decision to refuse the extradition of a foreigner or stateless person a special permit is accepted in case of:
1) when they endanger national security or the protection of public order to ensure protection of the health, rights and lawful interests of citizens of Ukraine and other persons residing on the territory of Ukraine;
2) when the passport document of the foreigner or stateless person, fake, corrupted or does not meet the standard or belongs to another person;
3) if the foreigner or the stateless person of false information or forged documents;
4) when there is reasonable grounds to believe that the foreigner or the stateless person has other than that stated in the statement of basis and purpose of entry in the temporarily occupied or if they didn't provide the confirmation as to the reason and purpose of entry to the temporarily occupied territory;
5) the lack of a foreigner or stateless person's document confirming the existence of sufficient financial support for the period of the intended stay on the territory of Ukraine or the relevant guarantees of the receiving party (except for foreigners and stateless persons, to whom a special permit is issued under the conditions prescribed by sub-paragraphs 5-7 of paragraph 21 of this Order).
The decision on refusal in registration of a special permit may be appealed to the GMS or the court.

A special permit does not preclude the conduct of officials of divisions of protection of the state border control points, verification of documents confirming the purpose of entry to the temporarily occupied territory of Ukraine and exit from it.

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