| EllE HRD |
13.02.2009 17:24 |
У меня есть данные некторые, но только на английском. Если кому-то срочно, то выставляю. Украинскую версию мы не делали, но если кому-то надо, пишите, возможно перенабрали.
The Ukrainian Borderguards have launched a computerized system that calculates the number of days a foreigner has spent in Ukraine. In December 2008, a number of foreigners had to pay fines and/or could not re-enter Ukraine due to the system's showing them as having exceeded their allowed period of stay in Ukraine.
The computerized system established by the Ukrainian State Borderguards Service includes a database of records of each foreigner's entries into and exits from Ukraine. This allows the Borderguards to detect those foreign citizens and apatrides (stateless persons) who have overstayed their allowed time in Ukraine. This system was created to implement the amended (in 2007) provisions of Article 19 of the "Rules for the Entry of Foreigners and Apatrides into Ukraine, and Their Transit and Exit from Ukraine", approved by Resolution of the Cabinet of Ministers No. 1074, dated 29 December 1995. Thus, this system has been established to detect (i) foreigners and apatrides from member countries of the WTO, who have stayed in Ukraine more than 180 days within a calendar year, (ii) visa-holding visitors who have stayed more than 90 days and (iii) visa-free visitors who have stayed more than 90 days within 180 days.
The calculations for citizens of WTO countries are made on the basis of the calendar year (from 1 January through 31 December). The calculation of the permitted period of stay starts from the foreigner's first entry into Ukraine within a particular calendar year; it stops when the foreigner exits from Ukraine; and it resumes when the foreigner comes back to Ukraine within the same calendar year. Due to this procedure, as of 1 January 2009, any citizen from a WTO member country, who may have spent more than 180 days in Ukraine in 2008, may enter Ukraine again for a period of up to a total of 180 days in 2009 (unless such foreigner may be refused entry on one of the other grounds envisaged by the applicable Ukrainian legislation, including violations of the Ukrainian migration law).
The operation of this system has not been flawless. In some cases, the holders of newly re-issued long-term visas have not been allowed re-entry, if they have already spent more than 180 days in Ukraine. We believe that, under Ukrainian law, days spent in Ukraine and recorded in the database should not prevent a foreigner with a long-term (e.g., 1-year) visa from re-entering Ukraine. Unfortunately, it appears that the State Borderguards Service has a different interpretation of the relevant regulations (which have been issued by multiple authorities). Namely, the Borderguards officers insist on applying the abovementioned Article 19 - which limits the stay of citizens of WTO countries to 180 days in a calendar year - to all visitors, regardless of the terms of their visas (except for certain visa types) and regardless of whether they have entered on the basis of a visa or not.
Therefore, those citizens of WTO countries, who are likely to need to spend more than 180 days in Ukraine in 2009, and all other foreigners, who may need to exit and re-enter Ukraine at any time in 2009, should promptly start re-evaluating their migration status in Ukraine and take the appropriate steps to obtain all of the necessary permissions, registrations, and visas in advance.
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