25-04-2011

The similar dynamic is observed also at other areas of the border. How are these tendencies explained?

Yet in the year 2009 in the course of the first quarter 640 person were detained for attempts to cross the border in the western border, so this year only 240 such persons were detected. It is less in two and half times though at all five areas of the western border: Polish, Romanian, Moldavian Hungarian and Slovakian – it was informed by Detsche Welle in State Border Service of western region.

The stable number of illegal migrants’ detentions is at Moldavian and Slovakian areas of the border, however the dynamics of shortening here is also positive. And the least number of illegal migrants is arrested at Romanian border. The flow of illegal migrants from Georgia is decreased roughly. The trespassers with citizenship of Pakistan, Egypt, Vietnam and Bangladesh are practically disappeared who still some years ago were at the first place. However, border guards regard that the actively stable remain Moldavians who have the easiest way to get to Ukraine.

Africa can make a mess

The flow of illegal migrants trying to use Ukraine as a transit to Europe is shortened at all areas of the border – informed Pavlo Shysholin, the head deputy of State Border Service of Ukraine. At the same time he did not exclude strain political situation in Africa and the East, the picture can be changed. However, according to his words a tendency is observed that illegal migrants choose Balkan way instead of Ukraine as a transit route. Shysholin also added that nowadays the scheme of getting into Ukraine is also changed. Before majority of illegal migrants entered Ukraine by illegal way, so now 70% of them do it on legal basis buying tourist permit or drawing up a visa.

Source: http://www.mukachevo.net/ua/news/view/40325-%D0%BF%D0%BE%D1%82%D1%96%D0%BA-%D0%BD%D0%B5%D0%BB%D0%B5%D0%B3%D0%B0%D0%BB%D1%8C%D0%BD%D0%B8%D1%85-%D0%BC%D1%96%D0%B3%D1%80%D0%B0%D0%BD%D1%82%D1%96%D0%B2-%D1%87%D0%B5%D1%80%D0%B5%D0%B7-%D0%B7%D0%B0%D1%85%D1%96%D0%B4%D0%BD%D0%B8%D0%B9-%D0%BA%D0%BE%D1%80%D0%B4%D0%BE%D0%BD-%D1%83%D0%BA%D1%80%D0%B0%D1%97%D0%BD%D0%B8-%D0%B7-%D0%BA%D0%BE%D0%B6%D0%BD%D0%B8%D0%BC-%D1%80%D0%BE%D0%BA%D0%BE%D0%BC-%D0%BF%D0%BE%D0%BC%D1%96%D1%82%D0%BD%D0%BE-%D1%81%D0%BA%D0%BE%D1%80%D0%BE%D1%87%D1%83%D1%94%D1%82%D1%8C%D1%81%D1%8F

25-04-2011

SSU in Chernivtsi region instituted criminal proceeding against six local residents who were assisting illegal migrants to cross the state border.

As it said in the statement of SSU Administration in Chernivtsi region, the workers of the service unmasked and stopped unlawful activity of some citizens of Ukraine who intended illegally to transport abroad migrants from the countries of Asia. Three local inhabitants taking occasion of knowing the locality and routes of border guards’ patrolling transported two citizens of India to a border zone by their own car at night.  Illegal migrants were given corresponding instructions on crossing Ukrainian-Romanian border.  Illegal migrants were detained by the officers of SSU together with border guards during their trial to cross the border. Afterwards organizers of the crime were arrested as well. A criminal case is commenced as to the Article 2 Part 332 (illegal transportation of persons through the state border of Ukraine) of Criminal Code of Ukraine concerning the members of the group. The malefactors are threatened with the imprisonment for the term of 3 to 7 years. Investigation is completed, the case is passed over to the court.

Three more criminal cases concerning other three citizens of Ukraine are commenced and investigated by the officers of SSU in Chernivtsi region according to the signs of crimes foreseen by the Article 1 Part 332 of Criminal Code of Ukraine on the facts of smuggle of nine persons beyond the check points to Romania. Investigation goes on.

Source:http://korrespondent.net/ukraine/events/1211034-na-bukovine-sbu-zaderzhala-shesteryh-chelovek-pomogavshih-nelegalnym-migrantam-peresekat-granicu

21-04-2011

Border guards of Kyiv Border Detachment arrested 43-year-old citizen of Vietnam. When undergoing border control of the flight “Sheremetievo” man presented a passport for travelling abroad of the citizen of Vietnam and document of permanent residence in Ukraine for the check. However, officers of State Border Service detected that note on permission for permanent residence in a passport document was certified by forged heraldic seal. The violator explained that he lived in Ukraine for a continuous period and wanted to prolong his stay very much. He addressed to his friend for the help who assisted in getting a corresponding document for 5 thousand UAH. At the present moment the citizen is detained and the measure of his responsibility will be decided by the court.

Source: http://pvu.gov.ua/control/uk/publish/article?art_id=110752&cat_id=48886

14-04-2011

For some time past the mechanism of arriving of illegal migrants to Ukraine is rather changed. Until the year 2008 the majority of them got to Ukraine illegally, so nowadays 65-70% of them come to the territory of Ukraine by legal way. The reasons of such structural change are complex measures carried out on the state level by all law enforcement bodies the work of which is directed upon the stop of illegal move through the border by illegal migrants. Herewith, the law enforcement agents do not set as a principle the fight against the number of these citizens illegally coming to the territory of our country but concentrate their efforts upon the fight against the organized channels of these migrants’ moving. It is rather easy to get to Ukraine today having tourist, private and especially student visa. The biggest problem is with students who getting student visa arrive to Ukraine, pay big money for studies at universities but never arrive there. They intend to cross illegally the western border of Ukraine at once willing to get to the countries of European Union.

Source: http://pvu.gov.ua/control/uk/publish/article?art_id=110027&cat_id=62916

14-04-2011

The border guards of Kharkov region detained four trespassers who crossed illegally border between Russian village Lozova Rudka and Ukrainian one Sotnytskyi Kozachok. The law enforcement agents learnt about the possible cross of the border in time and got ready well. The detail of Department “Tymofiivka” apprehended “uninvited guest” some metres before the line of state border.  As it was established later, three detainees were citizens of Afghanistan. Their fellow traveller called himself the citizen of Tadzhikistan living in Russian border village nearby Ukrainian border was probably was their guide. The foreigners were delivered to border subdivision. After finding out circumstances, a legal decision will be made on infringement of the law concerning the detainees.

Source: http://pvu.gov.ua/control/uk/publish/article?art_id=110018&cat_id=48886

14-04-2011

The number of illegal migrants using Ukraine as a transit way to the countries of European Union is sufficiently reduced. On April 13, 2011 the first deputy of the head of State Border Service Pavlo Shysholin spoke about these facts during the on-line-conference. Not only statistics convincingly testifies about this as well as data on the number of illegal migrants detained at the border of our country by border departments of Poland, Slovakia, Hungary and Romania – during the years 2008-2010 this quantity lessened in 2-2,5 times. The further reduction of these indexes is prognosticated. The single thing nowadays into which corrections to our evaluating predictions can be put is that revolutions, mass actions against power in some countries of Africa, the Near and Middle East. Probably, they can cause the decrease in the number of illegal migrants who will make their way through the territory of Ukraine. However, today we can see that main flows of people who escape these countries go through Balkan way. And so-called Easter way passing through the territory of Russia, Ukraine, Belarus to the countries of European Union becomes of minor importance according to official evaluations, – stated Pavlo Shysholin.

Source: http://pvu.gov.ua/control/uk/publish/article?art_id=110030&cat_id=62916

09-04-2011

On April 6, the workers of Department of Border Control in Slovakia arrested two illegal migrants from Afghanistan, a family couple by all appearances, in the village of Ulic, Snyna district – through the border opposite the village Zabrod, V.Bereznyi district. A woman was in the last stage of pregnancy, she had sharp pains in the stomach and she was immediately given to the doctors of gynecological department of the hospital in Snyna. Her fellow traveler was detained. Investigation is carried out as to the way family couple succeeded to cross Slovakia-Ukrainian border from Transcarpathian region.

Source: http://www.ua-reporter.com/novosti/102538

07-04-2011

Changes in migration legislation of Ukraine cause a risk of the majority of abuse and violation of human rights and gives hope for positive development of one important constitutional notion.

On April 5, 2011 Supreme Council of Ukraine decreed Law “About insertion of changes into some legislation acts of Ukraine on migration issues” taking into account proposals of the President of Ukraine. Changes were emended to Law of Ukraine “About legal status of the foreigners and persons without citizenship”, Criminal Code of Ukraine and Code of Ukraine about administrative delinquencies.

The official website of Supreme Council positions these changes as “forming proper legal principles on fight strengthening against illegal migration, improvement of migration processes management, intensification of juristic responsibility for delinquencies in this sphere, ensuring with conditions for realization of migrants’ rights and equitable conditions of cross trips of citizens of Ukraine and other states, activization of bilateral contacts in all spheres of international relations, intensification of juridical responsibilities of foreigners as well as of the Ukrainian citizens for violation of migration legislation”. http://portal.rada.gov.ua/rada/control/uk/publish/article/news_left?art_id=250487&cat_id=37486 )

However, the majority of changes first of all concern the responsibility extension of the foreigners for the breach of the rules on stay in the territory of Ukraine. Thus, law foresees the increase in the number of grounds for banishment of the foreigners, growth in the size of the fines for the violation of the term of registration and enlargement of the term on ban as to repeated entrance the territory of Ukraine – from five to ten years. Tougher punishments are foreseen for organization or realization of illegal smuggling of the persons through the state border f Ukraine.

Some especially important moments of the Law should be singled out of negative and positive character as well. Article 31 lists the basis in accordance with which the term of foreigner’s stay in Ukraine can be shortened, the list was substantially enlarged as compared to a previous editing of the Law, besides other things the following formulating of one of the grounds was added: “if his/her activity on the territory of Ukraine can negatively influence upon the relations of Ukraine with other country”. However, explanation of what is borne in mind and how it will be established by the authorized bodies of power is absent in the Law, which, on the opinion of Project “No borders” can become a ground for violation of the foreigners’ rights.

 Though, besides this fact, there is Article 32 in the text of the Law – “Prohibition on expel and other forms of forced return” which says about “the foreigner or person without citizenship cannot be expelled or in another way be compulsorily returned to countries where he can experience tortures, violence, inhuman or other types of treatment and punishment that demean dignity, or  according to which he/she can be deported or returned to the countries in a forced way where his/her life is threatened with danger. In this case foreigner or person without citizenship is given asylum on the territory of Ukraine by the decision of the President of Ukraine”.  Moreover, there are specified grounds for ban on compulsory exclusion in the accepted changes that is very important for ensuring with keeping the rights of the foreigner in Ukraine, – they are the first legislation initiative except the Article 26 of Constitution that sets up possibilities to grant asylum on the territory of the country. As Law of Ukraine “About refugees” foresees only granting of refugee status and does not contain any determination of the procedure on asylum granting, while these forms of protection of asylum seekers complement one another in the legislation practice of many countries.

Project “No borders” undoubtedly greets development of the legislation in the field of migration in Ukraine. However, we are troubled by prohibitive character of the present Law. On our opinion, development of migration legislation and elaboration of weighed and efficient migration policy in Ukraine is rather important. But these processes should not bear only prohibitive and punitive character. Attention should be paid to practical implementation of all regulations of the legislation and provide everybody with equality before the law as well as to guarantee foreigners to keep human rights.

 Project “No borders” welcomes introduction of the notion “asylum granting” in migration legislation and expresses hopes that this part of the Law will be practical in use. As some asylum seekers – clients of the project are now deprived of freedom just waiting to be extradited in a forced way to the countries where they are threatened with tortures, cruel, inhuman or other types of treatment demeaning dignity, treatment. We  have confidence that when the present Law comes into force our clients will have an opportunity to address to the President of Ukraine with appeal to be granted asylum and their cases will be thoroughly and fairly considered.  

 Source:http://noborders.org.ua/sfery-dijalnosti/bizhenci-ta-shukachi-prytulku/zminy-do-mihratsijnoho-zakonodavstva-%E2%80%94-pokaraty-ta-zaboronyty-vjizd-chy-vyrishyty-problemy-mihratsiji-v-ukrajini/

07-04-2011

Two 16-year-old illegal refugees from Afghanistan were arrested by the officers of Border Police of Slovakia in the village of Rusky Hrabovec in the district of Sobrantce. Exhausted under age runaways were helped and handed over to the workers of Administration of Labour, Social Affairs and Family who brought teenagers into an orphanage for under age persons. According to the words of the boys, they came from a native country some months ago and all this period they stayed in Transcarpathian region waiting for a “window” at Ukrainian-Slovakian border. “Trip” into the countries of European Union cost their relatives € 12 thousand for each…it was reported to Slovakian Mass Media by press-secretary of Border Police Administration of Sobrantce, Agnesa Kopernytska.

Source: http://www.ua-reporter.com/novosti/102438

06-04-2011

Supreme Council strengthened migration policy approving the amendments to the laws that regulate the status of the foreigners staying on the territory of Ukraine. Besides, the number of motives have enlarged that permit to deport a foreigner from the country as well as increased fines for violation of the registration terms. On the experts’ opinion, the amendments do not correspond to international standards.  

Supreme Council made changes in the law “About legal status of foreigners and persons without citizenship”, Crime Code and Code about administrative deliquesces.  Some amendments were proposed by the President Viktor Yanukovych and taken into consideration by the Parliament.  The majority of changes intensify the rules on entrance and stay of foreigners on the territory of Ukraine. Now persons who cannot financially secure themselves with stay in Ukraine will not be able to enter it. According the same considerations foreigners who already live in Ukraine can be deported. 

The list of reasons has also expanded out of which a citizen from another country arriving for work or studies can be deported.  It will happen, for example, if a foreigner arriving for work or studies do not appear at university or place of work in a specified time. Also the term is shortened during which he/she is obliged to leave Ukraine after adoption of decision on deportation. Before this term comprised 30 days, so now it is 5. At the same time foreigner cannot be sent back to the country where he can be subjected to tortures or his life can be threatened with danger. 

Sanctions for illegal transportation of the foreigners through the state budget of Ukraine have also been intensified. Before, the punishments for such actions were in the form of imprisonment for the period of 2 to 5 years, so now this term is from 3 to 8 years. For the violation of the rules and terms of registration a fine is now foreseen in the sum of 200 to 500 tax-exempt minimums (from 3400 to 8500 UAH), before it was 20-40 tax-exempt minimums (340-680 UAH).

All-Ukrainian Association (AUA) “Svoboda”, the political programme of which contains an item about naturalized Ukrainians’ deprivation of citizenship in case if they commit a crime, regards the accepted measures to be insufficient. “How can you speak about some intensification as we still have open borders with Russia and Belarus, where the main flow of migrants come from?” – declared the deputy of the head of AUA “Svoboda”, Andriy Mokhnyk. He thinks that the main problem in the field of migration legislation is “bribes in the system of MOI and closeness of the system of Ukrainian citizenship granting”.

Press-secretary of UNHCR in Ukraine Maksym Butkevych expressed his regret that Ukrainian side did not take into account recommendations of UNHCR concerning the specified document. “Law in its present form does not approach Ukraine neither to European nor to international standards in the field of protection of human rights but it rather creates a danger to violation of human rights who arrive to Ukraine in the search of asylum”, – he declared.  

Iryna Fedorovych, coordinator of project “No borders” of organization “Centre Social Action” keeps the same opinion. According to her words, law can be used aiming at “intimidation and harassment of foreigners’ rights”.”Power should not shake air showing that it solves the problems of migrants well, but learn international experience on this issue”, – I.Fedorovych regards.

Source: http://helsinki.org.ua/index.php?id=1302087173