Law determines the order of regulation of social relations in the sphere of person’s recognition as a refugee who needs subsidiary or temporary protection, loss or deprivation of this status as well as establishment of legal status of refugees and persons who need subsidiary protection and who are given temporary protection inUkraine.
Document specifies in particular that “refugee” is a person who is not a citizen of Ukraine and in consequence of grounded fears to become a victim of pursuits as to race signs, religion, citizenship (nationality) belonging to certain social group or political beliefs stays beyond the borders of his/her country of citizenship belonging and he/she cannot be provided with the protection of this country or not having citizenship (nationality) and staying beyond the borders of the country of his/her previous permanent residence he/she cannot or does not wish to return to it because of specified fears.”
In accordance with the Law person crossed the state border of Ukraine in order determined by Ukrainian legislation intending to be recognized as a refugee in Ukraine or as a person who need subsidiary protection should address to corresponding body of Migration Service during five days with an application about his/her recognition as a refugee or person who needs subsidiary protection.
The legislation act contains regulations about conditions in accordance to which person is not recognized as refugee or person who needs subsidiary protection. Thus, person cannot be recognized as refugee or person who needs subsidiary protection, who:
– committed a crime against world, military crime or delinquency against humanity and mankind as specified in international law;
– committed a crime of non-politic character beyond the border of Ukraine before arriving to Ukraine aiming at recognition as a refugee or persons who needs subsidiary protection if this acting corresponds to Criminal Code of Ukraine belonging to grave or especially grave crimes;
– who is guilty in making actions contradicting the goal and principals of United Nation Organizations;
– concerning who it is specified that conditions foreseen by Items 1 or 13 of Part 1 of this Law are absent;
– who before arriving toUkrainewas recognized as a refugee or person who need subsidiary protection in another country, stayed in the third safe country. The action of this paragraph is not extended to children separated from families and persons born or lived permanently on theterritoryofUkraineas well as their descendants (children, grandchildren).
The corresponding bill is registered at №7252.