Publication date: 15.07.2024
Rights of foreigners in Ukraine: key aspects
Foreigners staying in Ukraine have a number of rights and obligations that are regulated by both national legislation and international treaties to which Ukraine is a party. The legal status of foreigners determines their opportunities, rights and obligations in various spheres of life.
General provisions
In accordance with the Constitution of Ukraine and other legislative acts, foreigners and stateless persons (hereinafter referred to as "foreigners") enjoy the same rights and freedoms and bear the same responsibilities as Ukrainian citizens, with the exceptions established by the Constitution, laws of Ukraine or international treaties.
Legal status and legal capacity
Foreigners have the right to free movement, choice of residence, and free departure from the territory of Ukraine if they have the relevant documents. They may own property, receive income, inheritance, engage in entrepreneurial activities, enter into transactions and other legal transactions on equal terms with Ukrainian citizens.
Foreigners have the right to participate in court proceedings as plaintiffs, defendants or third parties, and may apply to the courts to protect their rights and legitimate interests.
Employment and entrepreneurship
Foreigners have the right to be employed in Ukraine, but to do so, they must obtain a work permit from the relevant state authorities. Pursuant to the Law of Ukraine "On Employment of the Population", a work permit is issued for a certain period of time, but not more than one year, with the possibility of further extension.
In addition, foreigners have the right to engage in entrepreneurial activities and register their own business in Ukraine. This requires certain legal procedures, including registration with state authorities and obtaining relevant licences.
Education and healthcare
Foreigners have the right to receive education in Ukraine. They can study in public and private educational institutions under the conditions determined by the legislation of Ukraine. Foreigners who have studied in Ukrainian educational institutions receive internationally recognised educational documents.
Healthcare for foreigners is provided on the same terms as for Ukrainian citizens. Foreigners can receive medical services in public and private medical institutions. Certain categories of foreigners, such as refugees or persons in need of complementary protection, may receive medical care free of charge or on preferential terms.
Social security and pensions
Foreigners permanently residing in Ukraine are entitled to social security under the same conditions as Ukrainian citizens. This includes the right to receive pensions, unemployment benefits, maternity benefits, social payments and other types of social assistance.
Pensions for foreigners who have worked in Ukraine are provided on the basis of international agreements concluded by Ukraine with other states. In the absence of such treaties, pensions for foreigners are provided in accordance with the laws of Ukraine.
Housing rights
Foreigners have the right to acquire ownership, lease or otherwise use immovable property in Ukraine. They may enter into sale, purchase, gift, lease and other transactions with real estate on the same terms as Ukrainian citizens. However, foreigners are not entitled to own agricultural land plots.
Family rights
Foreigners have the right to marry Ukrainian citizens or other foreigners on the territory of Ukraine. Family relations of foreigners are governed by the laws of Ukraine, unless otherwise provided by international agreements. Foreigners have the right to adopt children and to protect their family rights in court.
Protection of the rights of foreigners
Foreigners have the right to protect their rights and legitimate interests in Ukraine. They can apply to state authorities, law enforcement agencies, courts, lawyers and other institutions to protect their rights. Foreigners may also apply to international organisations and diplomatic missions of their countries for legal assistance.
Right to participate in public life
Foreigners have the right to participate in the activities of public organisations, cultural, sports and other associations under the same conditions as Ukrainian citizens. They can participate in events organised by such associations, make suggestions and initiatives.
Administrative liability
Foreigners bear administrative responsibility for violations of Ukrainian legislation under the same conditions as Ukrainian citizens. They may be subject to administrative fines, arrest, deportation and other types of administrative penalties for violations of migration, labour, civil and other laws.
Criminal liability
Foreigners who commit criminal offences in Ukraine are criminally liable in accordance with Ukrainian law. They have the right to defend their rights in criminal proceedings, including the right to a lawyer, an interpreter, and a fair trial.
Migration issues
Migration issues of foreigners are regulated by the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons". Foreigners must comply with the rules of entry, exit, transit, and stay on the territory of Ukraine. Violation of migration rules can lead to administrative liability, deportation, and entry bans.
Protection of the rights of refugees and asylum seekers
Ukraine protects the rights of refugees and asylum seekers in accordance with international treaties and national legislation. Refugees have the right to temporary asylum, social assistance, medical care, education and other types of support. Asylum seekers have the right to have their applications for refugee status considered in a fair and impartial manner.
Conclusion.
Ukrainian legislation provides a wide range of rights and freedoms for foreigners staying on its territory. It is important to know your rights, comply with the law and seek legal assistance if necessary. Foreigners can count on the protection of their rights both at the national and international level, which contributes to their integration and comfortable stay in Ukraine.
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