Entry of Foreigners and Stateless Persons in Ukraine, their departure from Ukraine and transit through its territory

Everyone has the right to freedom of movement and choice of residence. Nevertheless, the movement of people, regardless of citizenship, should be accompanied by specific documentation for the benefit of the person and respect of public order in the country where he/she stays.


Registration of Foreigners
Under Art. 6 of the Law of Ukraine “On freedom of movement and choice of residence”, a citizen of Ukraine, as well as a foreigner or stateless person who stays in Ukraine on legal grounds shall within ten days after arrival register his/her residence at the new place of residence.
To register place of residence, a person shall submit:
– A written statement. Children aged from 15 to 18 submit the application in person. If the person on serious reasons cannot apply to the competent authority, registration can be done at the request of another person on the basis of Power of attorney duly certified;
– Passport document. If the child is under 16 years old, birth certificate or certificate of citizenship of Ukraine is submitted. Foreigner or a stateless person shall also submit a certificate of permanent or temporary residence;
– Document on payment of the state fee.
It is forbidden to demand other documents registration of residence by the person filing.

Entry of foreigners to Ukraine
Paragraph 12 of CMU Resolution “On Rules of Entry of Foreigners and Stateless Persons in Ukraine, their departure from Ukraine and transit through its territory,” provides that entry to Ukraine and departure from Ukraine may be on the following grounds:
– Foreigners and stateless persons – a passport document and an appropriate visa if other order of entry and departure is provided by law Ukraine;
– Foreigners and stateless persons permanently residing in Ukraine – a passport document with a mark in accordance with Annex 1 of the presence of a permanent residence permit and permanent residence permit;
– Foreigners and stateless persons residing in Ukraine on the grounds of work permit issued by State employment office of Ukraine for a fixed period – a passport document with a mark in accordance with Annex 2 of the work permit presence and a temporary residence permit;
– Foreigners – citizens of the States referred to in Annex 4 – a passport document without a visa if their stay in Ukraine does not exceed 90 days from the date of entry. Under paragraph 19 of CMU Resolution, foreigners and stateless persons who arrived in Ukraine on legal grounds, may temporarily stay in the country if the passport document is registered under procedure defined by these Rules. Passport document is filed by foreigners and persons without citizenship to register at crossings across the state border to the official of the State Border Service. Registration is carried out for a period of short stay – for foreigners and stateless persons from countries with visa entry procedures for visa validity period, but not more than 90 days within 180 days from the date of first entry, unless otherwise determined by international agreements; for foreigners and stateless persons from countries with visa-free entry procedures – for no more than 90 days within 180 days from the date of first entry, unless otherwise is established by international treaties. Foreigners and stateless persons may be exempted from registration of passport basing on the relevant international treaties of Ukraine on the basis of reciprocity.
Stay of foreigners in Ukraine
Paragraphs 7-12 of Instruction “On the procedure for extension of stay for foreigners and stateless persons in Ukraine” determined that petitions for extension of foreigners or stateless persons stay and their host parties are submitted no later than three working days before the expiry of registration to the territorial units of the State Department of Citizenship, Immigration and Registration of Persons at the place of residence or directly to the bodies referred to in paragraph 14 of the instructions depending on their powers.
The written petitions declare the grounds for extension of stay as it is defined in paragraph 12 of the Rules on preparation of visa documents for entry to Ukraine, information about an individual foreigner or a person without citizenship (nationality, name, surname, date of birth, gender), passport number, expiration date, date and place of entry to Ukraine, visa type, purpose and period of the desired extension of stay, place of residence in Ukraine, as well as the credentials of the receiving party, the place of actual placement of the office (residence of the individual) and its written guarantees for financial security for foreigners in Ukraine and commitment to ensure the timely departure of the foreigner from the state at the end of the stay. It is forbidden to change the status of temporary residence in accordance with the requirements of paragraph 19 of Rules on preparation of visa documents for entry to Ukraine (except applications for obtaining an immigration permit in accordance with paragraph 2 of Part 1 of Article 9 of the Law of Ukraine “On immigration”). When arriving in Ukraine on private matters, foreigners or stateless persons of Ukrainian origin (visa type P-2), and in other cases where there is no hosting Party, only written petition of such person is submitted. This application shall be approved from place of residence (manager of the hotel, housing agency) on the possibility of residence on address indicated therein. In addition, the applicant notifies the availability of funds to cover the costs associated with the stay in Ukraine.
To extend the stay of foreigners and stateless persons in Ukraine the following documents are to be submitted:

If the receiving party is an individual:
–  written petition from the receiving individual regarding the extension of the stay of the invitee. If an application is done in person, an individual submits a valid passport document or a permanent residence permit. If an petition is submitted by invited person it must be certified in accordance with legislation at the place of residence of the person receiving;
–  written request of a foreigner or stateless persons on extension which is submitted personally or by hosting individual;
–  passport document of a foreigner or a person without citizenship and immigration card (if available);
–  2 photos of a foreigner or stateless persons 3,5 x 4,5 cm size;
–  check of payment of the state fee for extension of stay;
–  check of payment of paid services that can be provided by Citizenship, Immigration and Registration of Persons Service.

If the receiving party is a legal entity:
–  written petition of the legal entity including it requisites which is submitted by a representative. Thus, if the household given to a foreigner or stateless person for further accommodation, isn’t in its ownership, the petition shall be approved from place of residence (manager of the hotel, housing agency) on the possibility of residence on address indicated therein (other than those referred to in the second subparagraph of paragraph 8 hereof);
–  written request of a foreigner or stateless persons on extension which is submitted personally or by representative of hosting entity;
–  2 photos of a foreigner or stateless persons 3,5 x 4,5 cm size;
–  check of payment of the state fee for extension of stay;
–  check of payment of paid services that can be provided by Citizenship, Immigration and Registration of Persons Service.

Accepted documents are reviewed within no more than three working days. While considering a request for more than one working day, the applicant is issued a certificate with photograph (Annex 2) that his passport document is kept at the territorial agency or unit of the Department because of  the issue of extension of stay in Ukraine. Photo of a foreigner or stateless person and a signature of the authority that issued it are certified by seal of registration authority that issued the certificate. Validity of certificate is defined term that actually is needed for paperwork, but not more than 10 working days.]]>

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A new law on virtual assets: the picture is formed, but without details. On September 8, 2021, the Verkhovna Rada has finally adopted the long-awaited law "On Virtual Assets", which clarified many ambiguous points. This is especially true for the status of cryptocurrency and the rules of its circulation in the country. Let`s take a closer look at novelties. An ambiguous term Let's start with what the legislator actually means by "virtual assets". There are the following features:  they are an intangible good (cannot be represented on tangible media)  fall under the list of objects of civil rights (that is, they can be owned and be disposed of)  represent an electronic form of a set of data (essentially, they are blocks of information put in order);  the existence and circulation of assets are due to software tools (specific electronic environment). From these features we can draw the following conclusion: virtual assets are not limited to cryptocurrency. Digital currency is part of the concept, but other instruments, such as tokens, NFTs, or even in-game items, fall under the definition. Actually, the actual existence of most digital products, having a certain value, is due to the software environment (ecosystem), either it is blockchain technology, a trading platform, or an online game server. It should be noted that the attempt to define virtual assets was already made in the adopted Law of Ukraine in counteracting money laundering. In this act, they understand it as digital means of payment, which goes against the new definition. As a result, there are now two different explanations for virtual assets, which causes significant confusion not only in regulation but also in interpretation. It is definitely necessary to expect clarifications from competent state bodies. Let's return to the new law. 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