The Law of Ukraine “On guaranteeing the rights and freedoms of citizens and legal regime on the temporarily occupied territory of Ukraine” came into force
On May 9th, 2014 the Law of Ukraine “On guaranteeing the rights and freedoms of citizens and legal regime on the temporarily occupied territory of Ukraine” came into force (hereinafter-Law) which, in particular determines the order of entry of persons to the temporarily occupied territory and departure from it.
According to the Article 10 of the Law the citizens of Ukraine have the right to free and unimpeded entry tot eh temporarily occupied territory and departure from it through the control checkpoints of entry – departure upon the condition of presenting the document, which certifies the person and confirms the citizenship of Ukraine.
At the same time the entry of foreigners and stateless persons to the temporarily occupied territory and departure from it are acceptable only upon the special permit through the control checkpoints of entry-departure.
As of today the respective order of entry of foreigners and stateless persons tot the temporarily occupied territory is being worked out by the respective central organs of the executive power.
However the Law brought changes to several legal acts in the part of responsibility of the persons for violation of the order of entry to the temporarily occupied territory of Ukraine and departure from it, in particular:
1. Criminal Code of Ukraine is supplemented with article 332-1:
-violation of the order of entry to the temporarily occupied territory of Ukraine and departure from it with the aim of causing damage to the interest of state are punished with imprisonment for the term up to 3 years or imprisonment for the same period with confiscation of the transport vehicles. Same actions, committed repeatedly or by previous concert by the group of persons or by the official person, using official position are punished with the imprisonment for the period from 3 to 5 years with deprivation of the right to hold certain positions or to be engaged in certain activity for the period till 3 years and with confiscation of the transport vehicles. The above mentioned actions, committed by the organized group are punished with imprisonment for the term from 5 till 8 years.
2. Code of Ukraine on administrative offences, in particular, was supplemented with the article 204-1 of such content:
-violation of the order of entrance to the temporarily occupied territory of Ukraine and exit-departure from it is punished with fine from 100 till 300 untaxed minimums of incomes of citizens or administrative detention for the period up to 15 days.
3.Article 13 of the Law of Ukraine “On legal status of foreigners and stateless persons” (-) is supplemented with paragraph of such content:
entry to Ukraine for the foreigner or stateless person is not allowed:
-if such person tries to make entry through control checkpoints of entry-departure to the temporarily occupied territory without special permit or such person during previous stay on the territory of Ukraine made exit-departure from it through the control checkpoint of entry-departure;
supplemented with the Article 14-1 of such content:
-foreigners and stateless persons who arrived to the control checkpoints of entry-departure from the temporarily occupied territory without respective permit are not allowed to make further traffic and in the shortest term they return to the temporarily occupied territory from which they arrived or to the state which issued the passport document.
In case of impossibility of immediate return of foreigner or stateless person they stay in the control checkpoint of entry-departure till their return.
such foreigners and stateless persons will have in their passport document the mark about prohibition of entry to Ukraine is put for the period, mentioned in the decision, adopted according to the part 3 of the article 13 of this Law;
Article 20 is supplemented with part 4 of such content:
-the transit is prohibited for foreigners and stateless persons through the temporarily occupied territory.
The legal regime, stipulated in this Law will be effective till full restoration of the constitutional order of Ukraine on the temporarily occupied territory.
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