Protection of rights and freedoms of citizens and legal regime for the temporarily occupied territory of Ukraine.

On May 9, 2014, the Parliament of Ukraine adopted the Law of Ukraine “On protection of rights and freedoms of citizens and legal regime for the temporarily occupied territory of Ukraine“.

The Law regulates the procedure of entry/exit of foreigners and stateless persons into/out the temporarily occupied territories of Ukraine.

According to Article 10 of the Law, access of foreigners and stateless persons to temporarily occupied territory and leaving it are allowed only by special permission through the entry & exit check-points.

The Law amends certain legal acts regarding the persons for violation of entry/exit into/out the temporarily occupied territory of Ukraine, such as the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offences.

At the same time, the Article 13 of the Law of Ukraine “On Legal Status of Foreigners and Stateless Persons” is supplemented with the paragraph: “Entry to Ukraine by foreigners or stateless persons is not allowed in cases, if a person attempts to enter the temporarily occupied territory through the entry/exit check-points without authorization, or that person during his previous stay in Ukraine left the temporarily occupied territory through the control point of entry – exit”.

The Article 14-1 of the Law of Ukraine “On Legal Status of Foreigners and Stateless Persons” regulates that foreigners and stateless persons who arrived through the entry & exit check-points of temporarily occupied territory without permission, may not granted opportunity to travel further and in the shortest span of time they should be returned to the temporarily occupied territory from which they came, or to the State that issued an appropriate travelling document.

If foreigners and stateless persons cannot be immediately deported, such persons shall stay under control of the entry & exit check-point law-enforcement guard until return. Such foreigners and stateless persons will obtain in the passports a record, prohibiting them further entry to Ukraine for the period, specified by the decision, taken in accordance with Article 13 of this Law.

Article 20 of the Law of Ukraine “On Legal Status of Foreigners and Stateless Persons” is amended by Paragraph 4 as follows: “Fulfillment of transit of foreigners and stateless persons temporarily through occupied territory”.

Stipulated by this Law legal regime will operate until the full-fledged constitutional order at temporarily occupied territory of Ukraine is restored.

Medical assistance for foreigners and stateless persons who permanently or temporarily reside in Ukraine

 On March 19, 2014, the Cabinet of Ministers of Ukraine by its decision № 121 passed Decree on medical assistance for foreigners and stateless persons who permanently or temporarily reside in Ukraine (hereinafter - Decree).

The Decree regulates the procedure of provision of the above-stated categories of foreigners and stateless persons with medical care.

The Decree regulates also that medical care, including emergency, is to be granted to foreigners and stateless persons temporarily residing in Ukraine, on a fee basis, if the Laws or International Treaties of Ukraine do not stipulate different one.

The medical cares’ cost must be determined by health care authority that provides it, in accordance with an order, established by the Ministry of Health of Ukraine. Payment shall be made by bank transfer or in Ukrainian currency cash.

In case, if a temporarily or permanently residing in Ukraine foreigner or stateless person has an insurance contract (policy, certificate, ext.) which guarantees the payment of all of the health care costs (insurance contract), such payments are to be carried by the insurance company by transfer of the funds to health authority that provided such a kind of medical care on the base of submitted payment documents.

Once mutual recognition agreements are concluded between the insurance resident company and non-resident insurance company, the payment guarantee for medical care that is provided to temporarily residing in Ukraine foreigners or stateless persons, is to be carried out by the insurance resident company under a corresponding contract of foreigner or stateless person.

Payment for medical care which is to be provided by health care authority can also be specified in the contract of insurance company with coordination of medical care institutions, which carries on business in Ukraine.

If costs of medical care exceed a total insurance amount, foreigner or stateless person shall pay the difference to health care authority which provided him with such a care.

In case foreigner or stateless person aren’t insured properly or owing to the impossibility of submitting available insurance policy, foreigner or stateless person would have to meet expenses for services, including emergency one.

Foreigners and stateless persons permanently residing in Ukraine as well as the foreigners and stateless persons who are recognized as refugees medical care is to be provided in the framework of state and local budgets allocations.

The afore-mentioned Decree of the Cabinet of the Ministers of Ukraine has substituted a Decree of the Cabinet of Ministers of Ukraine № 667, adopted on June 22, 2011.