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Publication date: 22.04.2024
active and purposeful military lawyer with more than 4 years of experience
About the DPSU permission to stay in the border zone: what should be taken into account when planning business trips and performing work
The government made changes to the Regulation on the border regime, approved by the Resolution of the Cabinet of Ministers of Ukraine dated July 27, 1998 No. 1147 (hereinafter - Regulation No. 1147), which provide that citizens of Ukraine, foreigners and stateless persons have the right to enter the controlled border area , stay, live or move within its borders on the basis of documents certifying their identity.
In addition, the changes provide for restrictions on free entry, stay, residence, work and movement of persons in the border zone. The State Border Service noted that this is a 5-kilometer-wide area from the state border line.
What are the limitations?
The restrictions are that persons who plan to enter, stay and carry out work within the border strip must obtain a permit from the appropriate body of the State Security Service. The mechanism for obtaining a permit is provided for by the changes adopted by the Government.
In particular, the issuing of permits for entry, stay, residence, performance of works and entry into the border zone is carried out by the bodies of the State Border Service, which directly perform tasks in the designated area of responsibility. This applies to both individuals and legal entities. A permit is granted to natural persons under the age of 18 at the request of one of the parents (adoptive parents), guardians, custodians or other legal representative.Processing appeals
No later than ten working days from the date of receipt of the application for granting/invalidation of the permit and the documents attached to it (the list is stipulated by the adopted amendments), the body of the State Security Service shall make a decision to grant a permit, to refuse to grant a permit, or to declare a given permit invalid.
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The Ministry of Internal Affairs will establish the form of the decision on granting/refusal to grant or recognizing the permit as invalid.
The body of the State Border Service notifies the applicant about the decision made no later than the next working day using the official communication channel specified in the application.
The DPSU body refuses to grant a permit or recognizes a previously issued permit as invalid if the circumstances specified in part five are discovered Article 24 of the Law of Ukraine dated November 4, 1991 No. 1777-XII "On the State Border of Ukraine" (hereinafter - Law No. 1777).
In accordance with the second part of Article 22 of Law No. 1777, the border strip does not include populated areas and places of mass recreation of the population.
Who does not need to get permission
A separate category of persons who do not need to obtain such permits is defined. In particular, permits are not required:
• persons who enter the border lane with the purpose of crossing the state border at checkpoints (control points) across the state border;
• truck drivers and their accompanying persons who enter the border lane for the purpose of multimodal transportation;
• persons whose movement begins and ends outside the border strip, who move by road transport on public highways of state importance, by rail transport on railway connections, some of which pass through areas of the territory where the border strip is established, without making stops, exiting at railway stations in the border lane;
• to other persons according to the specified list.Aviation work, construction, felling of trees and bushes, water use, geological study, road and other research, hydrotechnical, land management, land reclamation, diving work, video, film and photo shooting of the area, tourist trips and parachute jumps and other activities (provided by clause 17 of Regulation No. 1147) within the border strip must be carried out with permission and after informing the State Border Service body before directly conducting such activities.
In addition, the government established a special border regime and prohibited the free entry, stay, residence, movement of persons and the conduct of works not related to the defense or protection of the state border within the land plots with a width of 30-50 meters along the state border line on on land, along the shore of the Ukrainian part of the border river, lake or other body of water, and along the line of the state border of Ukraine with the Russian Federation and the Republic of Belarus - up to 2 kilometers wide, which are provided for permanent use by military units of the DPSU for the construction, arrangement and maintenance of engineering and technical and fortifications, fences, border signs, border tunnels, communications.
