Problems of paperwork identity and confirming the citizenship of Ukrai...
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Problems of paperwork identity and confirming the citizenship of Ukraine, the issuance of documents in violation of legislation, the verification of compliance by the registration requirements of the legislation on the registration of residence
01.08.2016
Problems of paperwork identity and confirming the citizenship of Ukraine, the issuance of documents in violation of legislation, the verification of compliance by the registration requirements of the legislation on the registration of residence
During the first half of 2016 agencies and departments
Migration Service
executed and issued passports Ukraine in the form of booklets - 309 220, in the form of cards - 106 074, passport of citizen of Ukraine for traveling abroad - 1270000, pasted photos in the passport of Ukraine in conn connection with the achievement of appropriate age - 445 980.Department of Citizenship, certification and registration of performed work continuously to identify citizens of Ukraine who documented passport of citizen of Ukraine in violation of the law of Ukraine, especially for citizens who come from the Middle East and the risk of migration.
During this period the Department received 134 draft conclusions on the passport of citizen of Ukraine in violation of the law.
Of these approved - 115 returned for various reasons - 19.
The largest number of detected cases of illegal documentation Migration Service in the Odessa region (48 approved conclusions).
In addition, during the reporting period the Department received 80 findings of the official investigation on documenting persons passport of citizen of Ukraine for traveling abroad, which are designed and issued in violation of the current legislation, of which 51 were initiated by the Department. Most of the findings came from Migration Service in the Odessa region - 18 findings, PG SCSU in the Kharkiv region - 15 conclusions and PG SCS in Kiev - 14 conclusions.
72 findings examined and approved by the Department. 21 conclusion back for revision because it was poorly conducted an internal investigation. As an example: poor quality preparation of conclusions UDMS Ukraine Luhansk and Cherkasy regions.
Directly from the establishment of the department on work with YEDDR (04.18.2016 g.) Was initiated and sent letters on official investigation about 39 people documenting passport of citizen of Ukraine for traveling abroad, which are issued and published in violation of applicable law:
- Migration Service in Kiev - 11 opinions;
- Migration Service in the Odessa region - 11 opinions;
- Migration Service in Zhytomyr region - 7 opinions;
- Migration Service in the Kharkiv region - 8 opinions;
- Migration Service in the Kherson region - two conclusions.
Pursuant to the decision of the board of Migration Service Ukraine 22.04.2016 p. 1 number was conducted additional checks legality documenting passport of citizen of Ukraine and a citizen of Ukraine for traveling abroad for people whose registered residence in the Autonomous Republic of Crimea, Sevastopol, Donetsk and Luhansk regions, and also immigrants from Syria, Kuwait, Palestine, the United Arab Emirates and other Middle Eastern countries that were previously documented passport of citizen of Ukraine in the Autonomous Republic of Crimea, Sevastopol, Donetsk and Lugansk regions. Unfortunately positive results have only Migration Service Ukraine in the Odessa region, which revealed 28 violations of the law during passports above categories of persons and Migration Service Ukraine in Kharkiv region - found 15 such facts.
Although during the monitoring and analysis framework CIAS UMP Department identified 177 persons of Arab origin who were documented passport of citizen of Ukraine and passport of citizen of Ukraine for traveling abroad Migration Service staff in the Crimea and 20 persons who were wrongly documented passport of citizen of Ukraine.
Given the situation in the country, while documenting passport of citizen of Ukraine stated above categories of persons should be carried out to check the full acquisition of such persons Ukrainian citizenship through play applicant duplicate cases on the citizenship of Ukraine and check passports grounds citizen of Ukraine.
The procedure of the citizenship of Ukraine territorial origin, usually refers citizens - immigrants from the former Soviet republics, and acquiring the citizenship of Ukraine - came from foreign countries is by taking them to the Ukraine citizenship (by naturalization) Decree of the President of Ukraine.
In terms of constant terrorist threat raised the question today is extremely urgent and requires continuous monitoring of the heads of territorial bodies of Migration Service.
To oversee government Migration Service of compliance by the registration requirements of the legislation on the registration of residence
Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine regarding the empowerment of local governments and optimization of administrative services" from 12.10.2015 g. Number 888-VIII introduced a number of amendments to other legal acts. In particular, the Law of Ukraine "On local government in Ukraine", "On freedom of movement and choice of residence in Ukraine", "On administrative services."
Powers of VMI in the registration of residence of individuals delegated to local governments as of the registration performing these functions in the territory of the administrative-territorial unit under jurisdiction of the village, town or city council.
However, the third paragraph of Article 11 of the Law of Ukraine "On freedom of movement and choice of residence in Ukraine" to the office of VMI in the registration of persons charged, including monitoring compliance by the registration legislation on registration of residence.
The exercise, according to the law, state control over observance of legislation on registration of individuals and provides subparagraph 33 of paragraph 4 of the State Migration Service of Ukraine approved by the Cabinet of Ministers of Ukraine on August 20, 2014 № 360.
Today, making monitoring compliance by the registration legislation on residence registration, should be guided by the control over the implementation of local government delegated executive powers, approved by the Cabinet of Ministers of Ukraine dated March 9, 1999 № 339.
If the village, town and city mayor violates the Constitution or laws of Ukraine, rights and freedoms of citizens, does not ensure the implementation of delegated authority, interferes control their implementation and in other cases, the body that oversees violates the established order of questions about his liability under the law.
Monitoring is carried out under the authority and in accordance with the law.
At the request of the authority that oversees and executive bodies of village, town and city councils should provide information on the implementation of some delegated powers.
The procedure, frequency and timing of inspections of executive bodies of village, town and city councils delegated powers determined by the head of the body that oversees.
If required by the decision of the head of the body that controls can be carried out spot checks.
The audit issued certificate signed by the person who conducted the test. The act transferred the head of the body which appointed a check and a copy of the act is passed the local government, which conducted the test.
On the decision or action taken by the examination village, town, city mayor shall within one week inform the authority which carried out the inspection.
The head of the body that appointed inspection is required within one week to review test results and take measures to eliminate violations or abuse. If necessary materials are submitted to the appropriate authorities and a higher executive authorities.
Regarding the implementation of the legislation on citizenship
According to the materials that have been sent to the Department of the Commission under the President of Ukraine on citizenship, Decrees of the President of Ukraine in the first half of 2016 the citizenship Ukraine 332 people, terminated the citizenship of Ukraine by the loss of 19 individuals.
The decisions of the heads of territorial Migration Service citizens of Ukraine registered 1927 persons revoked the citizenship of Ukraine 80 persons.
Most accepted the citizenship of Ukraine citizens of the Russian Federation, Armenia, Azerbaijan and Georgia.
January 28, 2016 the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On Amendments to Article 9 of the Law of Ukraine" On Citizenship of Ukraine "to establish a simplified procedure for granting the citizenship of Ukraine of foreigners and stateless persons performing military service in the Armed Forces of Ukraine", in therefore the implementation of this law on changes required in the Decree of the President of Ukraine of March 27, 2001 № 215 (Decree of the President of Ukraine № 120/2016).
This law, amended Article 9 of the Law of Ukraine "On Citizenship of Ukraine" in the part concerning simplification of the procedure for granting the citizenship Ukraine persons performing military service in the Armed Forces of Ukraine.
Yes, foreigners and persons without citizenship who established legislation of Ukraine military service under contract in the Armed Forces of Ukraine, the prescribed period of continuous legal residence in Ukraine for three years from the entry into force of the contract on military service in the Armed Forces Ukraine. However, Presidential Decree number 120/2016 Ukraine a list of documents that will serve as documentary proof of said fact: a copy of military card, copy of passport or travel document stateless persons without citizenship ID card to travel abroad.
The main documents for the citizenship of Ukraine this category of persons other than relevant statements, photographs, the obligation to terminate foreign citizenship or a declaration of absence of citizenship, certificate of knowledge of the Ukrainian language and the income statement, serve a copy of the contract for military service in the Armed forces of Ukraine and certificate of service, valid at the time of submission of documents to obtain immigration permits such persons is required.
In addition, the law provides for a simplified procedure for granting the citizenship of Ukraine the person who established legislation of Ukraine military service in the Armed Forces of Ukraine and awarded the state award of Ukraine.
For this category of persons other than the above-mentioned document is a copy of the document confirming the awarding of the State award Ukraine.
Considering the above, in the event of an appeal to the local authorities and departments Migration Service foreigners or stateless persons, which are covered by the abovementioned Law should provide them within the competence full assistance and clarification.
At the same time, given the fact that currently a lot of attention from top officials paid protect the rights and freedoms of persons who defend the territorial integrity and sovereignty of our country in the east, it is necessary to take measures to prevent violations of the Law of Ukraine "On Citizenship of Ukraine".
A. Cherednichenko
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