Publication date: 09.07.2024
Legal regulation of foreign citizens in Ukraine
Introduction
Foreign nationals play an important role in the development of Ukraine's economy, culture and society. The legal regulation of their stay, rights and obligations is a key element of the state policy aimed at ensuring security, protection of human rights and compliance with the law. In this article, we will review the main principles, regulations and procedures governing the legal status of foreign nationals in Ukraine, as well as their rights and obligations.
Basic principles of legal regulation of foreign nationals
The legal regulation of foreign nationals in Ukraine is based on several basic principles that ensure the effectiveness and fairness of state policy in this area:
Theprinciple of legality. All legal actions in relation to foreign nationals must be carried out in accordance with the laws of Ukraine and international treaties to which Ukraine is a party.
Theprinciple of equality and non-discrimination. Foreign citizens have equal rights and obligations with Ukrainian citizens, unless otherwise provided by law or international treaties. The state policy should not discriminate against foreigners on the basis of nationality, race, religion, gender or other characteristics.
Theprinciple of respect for human rights. Foreign nationals have the right to protection of their fundamental rights and freedoms guaranteed by the Constitution of Ukraine and international human rights instruments.
Theprinciple of national security. State policy towards foreign citizens should take into account the interests of Ukraine's national security and prevent possible threats.
Theprinciple of reciprocity. The legal regulation of the rights and obligations of foreign citizens may depend on the legal status of Ukrainian citizens in the countries of origin of foreigners.
Key regulations
The legal regulation of foreign citizens in Ukraine is based on a number of regulatory acts, among which the key ones are
TheConstitution of Ukraine. The Constitution guarantees fundamental human and civil rights and freedoms, including the right to freedom of movement, personal inviolability and other rights.
TheLaw of Ukraine "On the Legal Status of Foreigners and Stateless Persons". This law defines the legal status of foreigners and stateless persons in Ukraine, the procedure for their entry, exit, transit through the territory of Ukraine, as well as their rights and obligations during their stay in Ukraine.
TheLaw of Ukraine "On Immigration". The Law regulates immigration to Ukraine, determines immigration quotas, the procedure for obtaining immigration permits and residence permits.
Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection". This law establishes the legal status of refugees and persons in need of additional or temporary protection, the procedure for granting asylum, and their rights and obligations.
The LaborCode of Ukraine. The Code regulates the employment of foreigners and stateless persons in Ukraine, their rights and obligations as employees.
International treaties and conventions. Ukraine is a party to a number of international treaties governing the legal status of foreign nationals, including the 1951 Convention relating to the Status of Refugees, the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and others.
Rights and obligations of foreign citizens
Foreign citizens have a number of rights and obligations that ensure their protection and integration into Ukrainian society. The main rights and obligations include:
Rights of foreign citizens
Theright to freedom of movement. Foreign nationals have the right to freedom of movement and choice of residence in Ukraine, with the exception of restrictions provided for by law.
Theright to work. Foreign nationals have the right to work in Ukraine on an equal basis with Ukrainian citizens, subject to obtaining an appropriate work permit.
Theright to education. Children of foreign nationals have the right to education in Ukraine on an equal basis with Ukrainian citizens.
Right to social services. Foreign citizens have the right to social services, including medical care, social assistance and other benefits.
Theright to protection from discrimination. Foreign nationals have the right to protection from discrimination based on nationality, race, religion or other grounds.
Duties of foreign citizens
Obligation to complywith the law. Foreign citizens are obliged to comply with the legislation of Ukraine, including the rules of migration registration and other regulations.
The obligation to notify of achange of residence. Foreign nationals are obliged to notify the State Migration Service of Ukraine (SMS) of any change of residence during their stay in Ukraine.
Obligation to cooperatewith the authorities. Foreign nationals are obliged to cooperate with the authorities during the consideration of their applications, provide truthful information and relevant documents.
Obligation to comply with therules of stay in Ukraine. Foreign nationals are obliged to comply with the established rules of stay in Ukraine, including the terms of stay, employment conditions and other requirements.
Procedure for regulating the legal status of foreign citizens
The procedure for regulating the legal status of foreign nationals in Ukraine includes several main stages:
Entryand exit from the country. Foreign nationals may enter and leave Ukraine through designated border crossing points upon presentation of appropriate documents, such as visas, passports or other identity documents.
Obtaining a residence permit. Foreign nationals wishing to reside in Ukraine for a long period of time must obtain a temporary or permanent residence permit. To do so, they must submit an application to the State Migration Service and provide the necessary documents.
Immigration. Foreign nationals wishing to immigrate to Ukraine must obtain an immigration permit. To do this, they must submit an application to the State Migration Service of Ukraine, provide the necessary documents and undergo the relevant checks.
Asylum. Persons who are persecuted or threatened in their home country may apply for asylum in Ukraine. The SMS reviews the application, conducts an interview with the applicant, and makes a decision on granting or denying asylum.
Employment. Foreign nationals wishing to work in Ukraine must obtain a work permit. To do so, they must submit an application to the relevant authority and provide the necessary documents.
Education and social services. Foreign nationals have the right to education and social services in Ukraine on an equal basis with Ukrainian citizens.
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