The Law of Ukraine “On Border Control” dated November 05, 2009 No 1710-VI, Articles 5, 9, 12
Article 5. Place of carrying out the border control.
- The border control and passing of individuals, vehicles and goods across the state border are carried out:
- at checkpoints across the state border;
- outside the checkpoints in the cases stipulated by the Part three of this Article;
- within neighboring countries, in accordance with the procedure provided by the Article 26 of this Law.
- The crossing of the state border by individuals, vehicles and moving across it of cargo are carried out at checkpoints across the state border during working hours of such checkpoints.
Working hours of the checkpoint across the state border, which does not work round the clock, are noted on the information stand at the entrance to the checkpoint.
- The passing across the State border may be carried out outside the checkpoints across the state border or at checkpoints outside of working hours in the following cases:
- arrival of a yacht to port or departing of the yacht from a port under the procedure established by the part four of the Article 20 of this Law;
- off-shore fishing;
- floating of river and sea vessels in inland waterways;
- coming ashore of the ship's crew to stay within the territory of the residential community, in which the port is located;
- occurrence of the special needs of a humanitarian character of an individual or group of individuals under the condition of the absence of threats to national security of Ukraine;
- occurrence of emergency circumstances related to the liquidation of emergency situations of technogenic and natural character and their consequences, threats to life under the condition of the absence of threats to national security of Ukraine.
- The decision to pass across the state border the individuals and vehicles, in which they are travelling, outside the checkpoints shall be made by the chief of authority of state border guard.
The decision to pass individuals at checkpoints across the state border outside of working hours shall be made by the chief of units of state border guard, and in respect of vehicles and cargo - by agreement with the income, duties and fees agencies.
Such decisions shall be made by the officials, in whose control area at the state border a pass will be carried out, and these decisions shall be executed in the manner determined by the specially authorized central executive authority in matters of protection of state border of Ukraine.
- If border control is carried out of the checkpoint across the state border, the head of the State Border Guard authority determines for the time necessary for its carrying out the location or zone of control on terrain or in a vehicle, in which the corresponding mode is valid, and, if necessary, introduces additional regime rules provided for border checkpoints by the legislation of Ukraine.
Article 9. The border control of foreigners and stateless persons while entering Ukraine.
1. The border control of foreigners and stateless persons while entering Ukraine shall be carried out under the procedures for the first line control, and in the cases provided by this Law – as well under the procedure for the second line control.
2. The procedure of the first line control envisages carrying out the following controls of:
1) the passport document in order to establish its authenticity, availability of residence permit or visa in accordance with the requirements of the legislation;
2) the presence or absence in the databases of the State Border Service of Ukraine of information on the prohibition of entrance into Ukraine and law enforcement agencies’ orders in respect of individuals, who cross the state border;
3) passport stamps in the passport document of a foreigner or stateless person concerning crossing the state border.
3. The procedure of the second line control is carried out according to the results of risk analysis and assessment during the fulfillment of the first line control procedures, if the authorized official of the State Border Service of Ukraine doubts the fulfillment by the foreigner or stateless person of conditions of entry Ukraine, and provides:
1) allocation of the departure and destination places, the purpose and conditions of the planned stay with carrying out verification of the corresponding supporting documents and interviews, if necessary;
2) the availability of sufficient financial support for the planned period of stay and for returning to the country of origin or transit to a third country or capacity to obtain sufficient financial support in a legal way in Ukraine.
The order of the confirmation of a sufficient financial support for the stay in Ukraine, transit across the territory of Ukraine and departure from Ukraine, аs well as the amount of such a support are determined by the Cabinet of Ministers of Ukraine.
4. The procedure of the second line control may be carried out at separate quarters of checkpoints across the state border.
5. The foreigners and stateless persons, in respect of whom the procedure of the second line control is carried out, shall be provided with information, in Ukrainian and English or in language of the state, which shares borders with Ukraine, about the purpose of carrying out such a control, with an indication of rights of foreigners and stateless persons to receive the information about the last names or service personal numbers of the authorized officials of the State Border Service of Ukraine, who are carrying out the additional checks, the name of the state border checkpoint and the date of crossing the border.
Article 12. The passport stamp.
1. The passport stamp shall be set to:
1) the passport documents of foreigners and stateless persons;
2) the landing cards (immigration cards) of foreigners and stateless persons, if there are no pages for passport stamps in the passport documents;
3) other documents in cases provided by law.