LAW OF UKRAINE
On guaranteeing the rights and freedoms of citizens and on the legal regime
on the temporarily occupied territory of Ukraine
{With amendments adopted in accordance with the Law #1237-VII as of 06 may
2014}
In accordance with its Constitution, Ukraine is a sovereign and an
independent state. The sovereignty of Ukraine extends on its whole territory which
within its present border is indivisible and inviolable. Presence of the armed forces
of other countries in Ukraine outside the procedure, stipulated by the Constitution
and laws of Ukraine, 1907 Hague Conventions, 1949 Geneva Convention IV, and
contrary to 1994 Memorandum on Security Assurances in Connection with
Ukraine's Accession to the Treaty on the Non-Proliferation of Nuclear Weapons,
1997 Treaty of Friendship, Cooperation and Partnership between Ukraine and the
Russian Federation, and other international treaties, is the occupation of the
territory of a sovereign state of Ukraine and international wrongful act with all the
prescribed international law.
The basis of humanitarian, social and economic policy of the state of
Ukraine regarding the population of the temporarily occupied territory of Ukraine
is the protection and full realization of national, cultural, social and political rights
of citizens of Ukraine, including indigenous peoples and national minorities.
Article 1. Legal status of the temporary occupied territory of Ukraine
1. The temporarily occupied territory of Ukraine (hereinafter  the temporarily
occupied territory) is an integral part of Ukraine, which is covered by the
Constitution and laws of Ukraine.
Article 2. The objective of the Law
1. This Law defines the status of the territory of Ukraine, temporarily occupied as a
result of military aggression of the Russian Federation, establishes a special legal
regime in this area, determines the features of activity of state bodies, local
authorities, enterprises, institutions and organizations under this regime, the
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observance and protection of human rights, freedoms and civil rights, as well as the
rights and legitimate interests of legal persons.
Article 3. Temporarily occupied territory
1. For the purposes of this Law temporarily occupied territory is defined as:
1) the land territory of the Autonomous Republic of Crimea and the city of
Sevastopol, inland waters of Ukraine of these areas;
2) internal sea waters and territorial sea of Ukraine around the Crimean Peninsula,
the area of the exclusive (maritime) economic zone of Ukraine along the coast of
the Crimean peninsula and adjacent to the coast of the continental shelf of Ukraine
that are within the jurisdiction of the government of Ukraine in accordance with
international law, the Constitution and the laws of Ukraine;
3) The airspace over the territories referred to in paragraphs 1 and 2 of this part.
Article 4. Legal regime of the temporary occupied territory
1. On the temporarily occupied territory for the duration of this Law a special legal
regime shall be applied for crossing borders of the temporarily occupied territory,
committing transactions, elections and referenda, the realization of the rights and
freedoms of a human being and a citizen.
2. Legal regime of the temporary occupied territory stipulates a special procedure
for the rights and freedoms of citizens of Ukraine residing on the temporarily
occupied territory.
3. Legal regime of the temporary occupied territory can be defined, modified or
canceled only by the laws of Ukraine.
Article 5. Protection of human rights and civil rights of persons and citizens, and of
cultural heritage on the temporarily occupied territory
1. Ukraine takes all necessary measures to guarantee to all citizens of Ukraine
residing in the temporarily occupied territory the rights and freedoms of a person
and a citizen stipulated by the Constitution, the laws of Ukraine and the
international treaties.
2. Ukraine commits to maintain and provide economic, financial, political, social,
informational, cultural and other relations with the citizens of Ukraine residing on
the temporarily occupied territory.
3. Responsibility for violations of the rights and freedoms of a human being and a
citizen defined by the Constitution and laws of Ukraine on the temporarily
occupied territory is placed upon the Russian Federation as the state - occupier in
accordance with the norms and principles of international law.
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4. Forced automatic acquisition of the citizenship of the Russian Federation by the
citizens of Ukraine residing on the temporarily occupied territory is not recognized
by Ukraine and is not accepted as a ground for loss of citizenship of Ukraine.
5. The Cabinet of Ministers of Ukraine performs constant monitoring of the rights
and freedoms of a human being and a citizen on the temporarily occupied territory,
and according to the results of which it publishes and provides the relevant
information to the international organizations in the sphere of protection of the
rights and freedoms of a human being and a citizen and takes appropriate actions.
Ukrainian Parliament Commissioner for Human Rights performs under the law the
parliamentary control over the observance of constitutional rights and freedoms of
a human being and a citizen on the temporarily occupied territory.
6. Compensation of material and moral damage caused to legal entities,
associations, citizens of Ukraine, foreigners and stateless persons in the result of
the temporary occupation of the state of Ukraine is fully vested on the Russian
Federation as the country that performs the occupation.
State of Ukraine will seek compensation for material and moral damage from the
Russian Federation by all possible means.
7. Responsibility for the protection of cultural heritage on the temporarily occupied
territory is placed upon the Russian Federation as the state - occupier in accordance
with the norms and principles of international law.
Article 6. Ensuring the rights of citizens residing on the temporarily occupied
territory or persons resettled from it to receive documents confirming the
citizenship of Ukraine, their identity or special status
1. Issuance of documents confirming the citizenship of Ukraine, the identity or
special status of citizens who resettled from the temporarily occupied territory is
conducted by a central executive body that implements the state policy in the field
of migration (immigration and emigration), including counteraction with illegal
(irregular) migration, citizenship, registration of physical persons, refugees and
other categories of migrants defined by law at the place of their stay.
2. Issuance of documents confirming the citizenship of Ukraine, the identity or
special status of citizens who live on the temporarily occupied territory is
conducted by a central executive body that implements the state policy in the field
of migration (immigration and emigration), including counteraction with illegal
(irregular) migration, citizenship, registration of physical persons, refugees and
other categories of migrants in the manner prescribed by the Cabinet of Ministers
of Ukraine.
3. The information from the State Register of Voters may be used for entering data
to the passport about a place of residence or a place of stay of citizens referred to in
the first and second parts of this article.
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Article 7. Ensuring the rights of citizens residing on the temporarily occupied
territory or persons resettled from it for employment, pensions, mandatory state
social security and social services, and education
{The heading of the article in the version of the Law #1237-Vii as of 06 May
2014}
1. For citizens of Ukraine residing on the temporarily occupied territory or persons
resettled from it the realization of the right to employment, pensions, compulsory
state social insurance against unemployment, in the case of temporary disability
from accidents at work and occupational disease that caused disability, the
provision of social services shall be performed in accordance with the laws of
Ukraine.
2. Payment of pensions to citizens of Ukraine residing on the temporarily occupied
territory and who do not receive pensions and other social benefits from the
competent authorities from the Russian Federation, is performed according to the
procedure established by the Cabinet of Ministers of Ukraine.
3. Elderly persons, persons with disabilities, disabled children and other citizens of
Ukraine who are in difficult circumstances and live on the temporarily occupied
territory shall be entitled to receive social services in accordance with the laws of
Ukraine.
4. Homeless persons who stay on the temporarily occupied territory have the right
to social protection in accordance with the laws of Ukraine.
5. Citizens of Ukraine, who resigned from work (terminated other kind of
employment) and resettled from the temporarily occupied territory, in the absence
of documents confirming the fact of resignation (termination of employment),
periods of employment and length of service are registered as unemployed and
receive welfare and social services for compulsory state social insurance against
unemployment, according to the State Register of compulsory social insurance in
accordance with the procedure established by the Cabinet of Ministers of Ukraine.
6. Citizens of Ukraine who resettled from the temporarily occupied territory and
did not resign from their job (did not terminate other kind of employment) in case
of impossibility to continue the work (another type of employment) on the
temporarily occupied territory can terminate the employment relationship or
confirm the termination of such relationship (of another type of employment) in
the courts on the place of their residence with the purpose of acquiring the status of
unemployed and receive welfare and social services for compulsory state social
insurance against unemployment. To terminate other types of employment,
including self-employment and entrepreneurial activities a person shall submit an
application at a place of stay in accordance with the simplified procedure in the
order established by the Cabinet of Ministers of Ukraine.
7. Citizens of Ukraine who resettled from the temporarily occupied territory and do
not have the documents necessary for granting the status of unemployed (passport
of the citizen of Ukraine, registration number of a taxpayer's registration card,
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etc.), can be granted unemployment status upon presenting a temporary certificate
that verifies the identity of a citizen of Ukraine. Before the documents and
information about the period of employment, wages (income) and insurance are
obtained, experience the unemployment benefits to such persons shall be
designated in the minimum amount established by the Board of the Fund of
Obligatory State Social Insurance of Ukraine in case of unemployment.
8. Reregistration of unemployed, who resettled from the temporarily occupied
territory, is carried out by the public employment service on the place of stay in
accordance with the procedure established by the Cabinet of Ministers of Ukraine.
9. Citizens of Ukraine who resettled from the temporarily occupied territory are
eligible for receiving benefits and social services under the laws on the actual place
of stay, residence.
10. The citizens of Ukraine who resettled from the temporarily occupied territory
shall be entitled to receive technical and other means of rehabilitation, to receive
rehabilitation services in accordance with the laws on the actual place of living,
residence in Ukraine.
11. Provision of technical and other means of rehabilitation, giving rehabilitation
services is made in the presence of the necessary documents confirming the right to
these services and facilities, and in their absence  according to the centralized
data bank on disability (for those who apply repeatedly) and to the individual
program of rehabilitation of a person with disabilities, a child with disabilities in
the manner prescribed by the Cabinet of Ministers of Ukraine.
12. The citizens of Ukraine who reside on the temporarily occupied territory or
resettled from it have a right to continue the respective education on the territory of
other regions of Ukraine at the expense of the State Budget of Ukraine. The
procedure of the financing the education of this category of citizens shall be
stipulated by the Cabinet of Ministers of Ukraine.
The citizens of Ukraine defined in the paragraph 1 of this part, take part in the
competition for the admission to study in the state and communal educational
entities of Ukraine under the general procedure, with provision of the places in
student hostels during the studies. If according to the results of the competition
such persons were not offered the admission to the places funded by the state, the
educational entity shall increase the number of the places funded by the state
according to the procedure stipulated by the Cabinet of Ministers of Ukraine
regarding financing the additional places funded by the state for persons residing
on the temporarily occupied territory or resettled from it.
{Part 12 was added to Article 7 in accordance with the Law #1237-VII as of 06
May 2014}
Article 8. Protection of electoral rights of citizens of Ukraine on the temporarily
occupied territory
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1. During the Presidential elections in Ukraine, People's Deputies of Ukraine,
national referendum, voting by the citizens of Ukraine on the temporarily occupied
territory is not organized and is not performed.
2. The conditions for free expression of will during the Presidential elections in
Ukraine, People's Deputies of Ukraine, and national referendum are provided to
the Ukrainian citizens residing on the temporarily occupied territory.
3. Citizens of Ukraine residing on the temporarily occupied territory shall be
entitled to vote at such election or national referendum by changing the place of
voting without changing the voting address in accordance with Article 7(3) of the
Law of Ukraine "On the State Register of Voters."
4. In the event of early termination of powers of the people’s deputy of Ukraine
elected in a single-seat constituency, formed in the Autonomous Republic of
Crimea or Sevastopol city, interim parliamentary election in Ukraine in this district
are not being conducted.
5. On the temporarily occupied territory the election of Deputies of the Verkhovna
Rada of the Autonomous Republic of Crimea, local deputies, village, town and city
mayors as well as local referendum are not conducted.
6. Bodies of the State Register of Voters, formed in the Autonomous Republic of
Crimea and Sevastopol city do not maintain the state voter register. The procedure
for access to records of voters, voting address which belongs to the territory under
jurisdiction of the State Register of voters and updating of records are established
by the Central Election Commission.
Article 9. Illegal bodies, their officials and officers
1. The state authorities and bodies of local self-government formed under the
Constitution and laws of Ukraine, their officials and officers on the temporarily
occupied territory are only based within the authority and in the manner envisaged
by the Constitution and laws of Ukraine.
2. Any bodies, their officials and officers on the temporarily occupied territories
and their activities are considered illegal if the authorities or persons established,
elected or appointed in the manner not provided by law.
3. Any act (decision, document) issued by the authorities and / or persons of the
second paragraph of this Article is invalid and does not create legal consequences.
4. Establishing connections and cooperation of the government of Ukraine and
their officials, local governments and their officials with illegal bodies (officials),
created on the temporarily occupied territory shall be permitted only to ensure
Ukraine's national interests, rights and freedoms of the citizens of Ukraine,
implementation of international treaties ratified by the Verkhovna Rada of
Ukraine, promote recovery within the temporarily occupied territory of the
constitutional order of Ukraine.
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Article 10. Procedure of entry of persons on the temporarily occupied territory and
leaving it
1. Citizens of Ukraine have the right to free and unimpeded access to the
temporarily occupied territory and exit from it through the control points of entry
and exit upon presentation of a document confirming the identity and citizenship of
Ukraine.
2. Entering of foreigners and stateless persons on the temporarily occupied
territory and leaving it is allowed only by special permission through the control
points of entry and exit.
The regime of entry of foreigners and stateless persons on the temporarily
occupied territory and leaving it is established by the Cabinet of Ministers of
Ukraine.
Article 11. Guaranteeing of property rights and the legal regime of property on the
temporarily occupied territory
1. The property rights on the temporarily occupied territory are protected under the
laws of Ukraine.
2. The State of Ukraine, the Autonomous Republic of Crimea, local communities,
including local community of Sebastopol, state agencies, local governments and
other entities of public law retain the right of ownership and other property rights
to the property including real estate and land, located on the temporarily occupied
territory.
3. Individuals, regardless of their acquisition of refugee status or other special legal
status, enterprises, institutions and organizations retain the right of ownership and
other property rights to the property, including real property and land, located on
the temporarily occupied territory if it was acquired in accordance with the laws of
Ukraine.
4. Acquisition and termination of property rights on real estate property situated on
the temporarily occupied territory shall be in accordance with the laws of Ukraine
outside the temporarily occupied territory. If it is impossible for the state registrar
to perform the state registration of real estate property and their encumbrances on
the temporarily occupied territory, the state registration body is established by the
Cabinet of Ministers of Ukraine.
5. On the temporarily occupied territory any transaction in respect of real estate
property, including the land, committed in violation of this Law and other laws of
Ukraine, is invalid since its conclusion and does not create legal consequences
other than those related of its invalidity.
6. Land, its subsoil, air, water and other natural resources within the territory of
Ukraine, the natural resources of its continental shelf, exclusive (maritime)
economic zone, which is the property of the Ukrainian people, military equipment
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and property of government agencies, state enterprises, institutions and
organizations that are on the temporarily occupied territory and is the property of
the State of Ukraine cannot pass into the ownership of other countries, entities or
persons other than as provided for by the laws of Ukraine.
Article 12. Measures of legal response on the temporarily occupied territory
1. Due to the inability to deliver justice by the courts of the Autonomous Republic
of Crimea and Sevastopol city on the temporarily occupied territories, to change
venue of cases and defendants located in the Autonomous Republic of Crimea and
Sevastopol city of the courts, and to ensure consideration:
of civil cases in the authority of local courts located in the Autonomous Republic
of Crimea and Sevastopol city,  by local courts of Kyiv, determined by the Court
of Appeal of Kyiv;
administrative cases in the authority of local courts located in the Autonomous
Republic of Crimea and Sevastopol city,  by local courts of Kyiv, determined by
the Kyiv Appeal Administrative Court;
civil cases in the authority of local general appellate courts, located in the
Autonomous Republic of Crimea and Sevastopol city,  by the Court of Appeal of
Kyiv;
administrative cases of the Circuit Administrative Court of the Autonomous
Republic of Crimea  by Kyiv Circuit Administrative Court, administrative cases
of the Circuit Administrative Court of Sevastopol  by the Circuit Administrative
Court of Kyiv; of Sevastopol Administrative Court of Appeal  by Kyiv
Administrative Court of Appeal;
economic cases of the Commercial Court of the Autonomous Republic of Crimea
 by the Commercial Court of Kyiv region, and economic cases of the Commercial
Court of the city of Sevastopol  by the Commercial Court of Kyiv, economic
cases of Sevastopol Commercial Court of Appeal  by Kyiv Commercial Court of
Appeal;
criminal proceedings under the authority of local (district, city, district in cities,
city courts), located in the Autonomous Republic of Crimea and Sevastopol city, 
by one of the district courts of Kyiv, determined by Kyiv Court of Appeal;
criminal proceedings under the authority of Appeal Court of the Autonomous
Republic of Crimea and the Court of Appeal of Sevastopol,  by Kyiv Court of
Appeal.
Matters relating to the powers of the investigating judge in criminal proceedings at
the stage of preliminary investigation and which are carried out in the Autonomous
Republic of Crimea and Sevastopol city are reviewed by the investigating judge of
district courts of Kyiv determined by Kyiv Court of Appeal.
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Cases in proceedings by the courts located in the Autonomous Republic of Crimea
and Sevastopol city and the review of which is not completed are transferred to
courts under jurisdiction established by this Law within ten working days from the
date of entry into force or from the date of such jurisdiction.
In the event of damage to the subjects of a foreign state by non-residents, the
jurisdiction is established at the place of damage based on the rules of jurisdiction
laid down by this Law.
2. Investigative jurisdiction of criminal offenses committed on the temporarily
occupied territory shall be determined by the General Prosecutor of Ukraine.
Materials of preliminary investigation regarding crimes the criminal proceedings of
which against them are in pretrial investigation should be transferred to the
criminal investigation bodies, established by the General Prosecutor of Ukraine.
Article 13. Specifics of economic activity on the temporarily occupied territory
1. Specifics of economic activity on the temporarily occupied territories shall be
determined by law.
Article 14. Specifics of termination of military service of Ukrainian citizens in
military units and law enforcement agencies of Ukraine related to the temporary
occupation of the territory
1. Soldiers of military forces and law enforcement agencies of Ukraine, who came
from the temporarily occupied territories and are willing (if appropriate) to retire
from military service are relieved from military service, including in special period
having grounds for it, and in their absence  due to redundancy, if they applied for
retirement within three months after the arrival from the temporarily occupied
territory.
2. Soldiers of military forces and law enforcement agencies of Ukraine, who did
not arrive to certain points in specified by military units and law enforcement
agencies of Ukraine dates shall be deemed to have left the military units, and are
enlisted to the relevant officials. Relevant information regarding their investigation
is given to the police.
3. Soldiers of military forces and law enforcement agencies of Ukraine, with
regards to which there was received a documentary evidence of their enrollment in
the Armed Forces of the Russian Federation or special services or law enforcement
bodies of the Russian Federation, are excluded from the list of military units and
law enforcement agencies of Ukraine and the contract is considered to be
terminated from the time of their enrollment (or information about their
enrollment) into the Armed Forces of the Russian Federation or special services or
law enforcement authorities of the Russian Federation.
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Article 15. Specifics of privatization of living premises located on the temporarily
occupied territory by soldiers of military forces and law enforcement agencies of
Ukraine
1. Soldiers of military formations created in accordance with the laws of Ukraine
and law enforcement agencies of Ukraine, who served in the Autonomous
Republic of Crimea and Sevastopol city and their family members have the right to
privatize residential buildings for permanent residence, departmental premises,
office premises and premises in hostels located in the Autonomous Republic of
Crimea and Sevastopol city received by them in the prescribed manner in which
they resided as of January 1, 2014.
The provisions of the first paragraph of this part apply to military personnel of
military units and law enforcement agencies of Ukraine, who continue to perform
military service in other regions of Ukraine and are released from military service
in 2014 in accordance with the first paragraph of Article 14 of this Law.
2. Privatization of departmental premises occupied by soldiers of military forces
and law enforcement agencies of Ukraine and their families referred to in the first
paragraph of this article is free of charge, regardless of the size of the total area of
the premises to be privatized, and regardless of their implementation in accordance
with the law of the right to privatization of housing prior to the enactment of this
Act.
3. Procedure of privatization of premises referred to in the first paragraph of this
Article shall be determined by the Cabinet of Ministers of Ukraine.
4. Acquisition of private ownership of residential premises referred to in the first
paragraph of this article, which are in the temporarily occupied territories by
soldiers of military forces and law enforcement agencies of Ukraine and their
family members does not deprive them from their right to privatize housing, which
is on the other territory of Ukraine according to the Law of Ukraine "On
privatization of public housing."
Article 16. Transfer of Judges
1. Judges who worked in the courts of Ukraine in the Autonomous Republic of
Crimea and Sevastopol city and are willing to move out from it due to the
temporary occupation by the Russian Federation shall be guaranteed the right to
transfer to the position of judge in court in another territory of Ukraine.
Article 17. Obligations of state bodies of Ukraine
1. In case of violation of the provisions hereof, the Ukraine government agencies
use the mechanisms provided by the laws of Ukraine and international law in order
to protect peace, security, human right, freedoms and legitimate interests of
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citizens of Ukraine who are on the temporarily occupied territory as well as the
legitimate interests of the state Ukraine.
2. Ukraine undertakes to take all possible measures envisaged by the Constitution
and laws of Ukraine, international law to free Ukraine from occupation as soon as
possible, to restore the integrity and sovereignty of the state, the restoration of
disturbed of rights and freedoms of a person and a citizen on the territory of
Ukraine due to the occupation.
3. In case of impossibility to carry out activities on the temporarily occupied
territory, the location of public bodies established under the Constitution and laws
of Ukraine is defined by the Cabinet of Ministers of Ukraine.
Article 18. Guarantees of the rights and freedoms of citizens of Ukraine, who left
the temporarily occupied territory
1. Citizens of Ukraine are guaranteed the full enjoyment of their rights and
freedoms provided by the Constitution of Ukraine, including social, labor, voting
rights and the right to education after leaving the temporarily occupied territory.
2. Costs of the measures provided for in this Law shall be made from the state
budget of Ukraine in accordance with the procedure established by the Cabinet of
Ministers of Ukraine.
Article 19. Responsibility
1. Persons found guilty of violating the provisions of this Law shall be liable as
provided by law.
II. Final and transitional provisions
1. This Act comes into force on the day following the day of its publication.
2. Laws and other normative legal acts of Ukraine apply to the extent that is not
inconsistent with this Act.
3. Legal regime stipulated in this Law is valid until the restoration of constitutional
order in Ukraine on the temporarily occupied territory.
4. To amend the following legislative acts of Ukraine:
1) Criminal Code of Ukraine (Verkhovna Rada of Ukraine, 2001, № 25-26, Art.
131) to add section 3321 as follows:
"Article 3321. Violation of entering the temporarily occupied territory of Ukraine
and the departure from it
1. Violation of entering the temporarily occupied territory of Ukraine the departure
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from it for the purpose of harming the interests of state is punishable by
imprisonment for up to three years or imprisonment for the same term, with
confiscation of vehicles.
2. The same acts committed repeatedly or by prior conspiracy or by an official
through abuse of office are punishable by imprisonment for a term of three to five
years with deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years and with confiscation of vehicles.
3. Actions provided for in the first or second paragraph of this Article, if
committed by an organized group are punishable by imprisonment for a term of
five to eight years with deprivation of the right to occupy certain positions or
engage in certain activities for a term up to three years and confiscation of
vehicles";
2) in the Criminal Procedure Code of Ukraine (Verkhovna Rada of Ukraine, 2013,
№ № 9  13, p. 88):
a) paragraph three should be added to Article 114 as follows:
"3. Court cases on disputes arising from the fact of occupation or offenses related
to occupation are referred to a particular category of cases which are dealt with
under the relevant procedural rules with the specifications laid down by the Law of
Ukraine " On protection of rights and freedoms of citizens and legal regime on the
temporarily occupied territory of Ukraine."
The case is considered being related to occupation by reasoned decision of the
judge.
In case of participation in case of a foreign element judicial order, summons and
other court documents are handed over at least 15 days prior to the beginning of
legal proceeding.
If in cases related to occupation, the party of a criminal proceedings or civil
defendant is a foreign state-owned entity, including its agencies, institutions or
organizations, or foreign entity, provided for by Article 964 of the Criminal Code
of Ukraine, the relations are made through the Embassy or permanent
establishment";
b) The first paragraph of Article 216 after the numbers "332" to be added with
numbers "3321";
3) in the Code of Ukraine on Administrative Offences (Supreme Council of the
USSR, 1984, Supplement to № 51, p. 1122):
a) Article 202 shall read as follows:
"Article 202. Violation of the border regime, the regime of checkpoints across the
state border of Ukraine or operational rules in the checkpoints of entry  exit
Violation of the border regime, the regime of checkpoints across the state border of
Ukraine or operational rules in the checkpoints of entry  exit is
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punishable by a fine on citizens from seven to ten times the income of citizens and
on the officials  from ten to twenty times the minimum income";
b) to add Article 2042 as follows:
"Article 2042. Violation of entering the temporarily occupied territory of Ukraine
and the departure from it
Violation of entering the temporarily occupied territories of Ukraine and leaving
her is punishable by a fine of one hundred to three hundred tax-free minimum
incomes,
or
administrative
arrest
for
up
to
fifteen
days";
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c) Article 221 after the figures "204 " to be added with numbers "2042";
d) in part one of Article 2221 the words "with violation of border regime or the
regime at checkpoints across the state border of Ukraine" to replace with the words
" in violation of the border regime, the regime of checkpoints across the state
border of Ukraine or operational rules in the checkpoints of entry  exit ";
d) in paragraph 2 of Article 262 the words "violation of border regime or the
regime at checkpoints across the state border of Ukraine " to replace with the
words " breach of entering the temporarily occupied territory of Ukraine and the
departure from it, the violation of border regime, the regime in the checkpoints
through the state border of Ukraine or operational rules in the checkpoints of entry
 exit ";
d) paragraph two of Article 263 shall read as follows:
"Persons who have illegally crossed or attempted to cross the state border of
Ukraine, violated the entry on the temporarily occupied territory of Ukraine and
departure from it, violated the border regime, the regime in the checkpoints
through the state border of Ukraine or operational rules in the checkpoints of entry
 exit, made an intentional disobedience to the lawful order or requirement of a
serviceman or employee of the State border Guard Service of Ukraine or a member
of a public formation for the protection of public order, border, as well as
foreigners and stateless persons who have violated the rules of stay in Ukraine or a
transit through the territory of Ukraine, may be detained for up to three hours for
the protocol, and where necessary for the identification and clarification of the
circumstances of the offense  up to three days with written notification to the
prosecutor
within
twenty-four
hours
of
detention";
4) in the Code of Administrative Procedure of Ukraine (Verkhovna Rada of
Ukraine, 2005, № № 35  37 , p. 446):
a) Article 19 after the third part to be added with a new part as follows:
"4. Administrative proceedings on appeal against decisions of government
agencies made at the control points of entry (exit) on the temporarily occupied
territory, their actions or absence of them are resolved by the administrative court
at the location of the control point."
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In this regard, part four should be considered as part five;
b) the first paragraph of Article 1832 to be added with paragraph 6 as follows:
"6) appeals by individuals against decisions, actions or absence of them of public
authorities on entry (exit) on the temporarily occupied territory";
c) The twelfth paragraph of Article 256 after the figure "5" to be added with figure
"6";
5) In the Law of Ukraine "On the State Border Service of Ukraine" (Supreme
Council of Ukraine, 2003, № 27, p. 208 with subsequent amendments):
a) in part one of Article 2:
the third paragraph after the words "the state border of Ukraine" to be added with
the words "and to temporarily occupied territory and from it";
the ninth paragraph after the words "the state border of Ukraine" and "state border
of Ukraine " to be added with the words "and entering the temporarily occupied
territory and leaving it" and "at checkpoints of entry  exit "respectively;
b) The second part of Article 10 after the words " the state border of Ukraine" to be
added with the words "and to temporarily occupied territory and from it";
c) in Article 19:
paragraphs 6 and 8 after the words " through the state border" to be added with the
words "and at checkpoints of entry  exit";
to be added with paragraph 131 as follows:
"131) establishing of operational rules at checkpoints of entry  exit ";
d) in Article 20:
paragraph 4 to read as follows:
"4) by interviewing people to find out the grounds of crossing the state border of
Ukraine, entering the temporarily occupied territory or departure from it, do not
pass through the state border of Ukraine, the temporarily occupied territory or from
it the persons without valid documents for crossing the border or entering the
temporarily occupied territory and departure from it, those who provided false
information when obtaining these documents, people whom the State border Guard
Service of Ukraine for violation of legislation on border entering and on the legal
status of foreigners or motivated by a written court order and law enforcement
agencies are not allowed to enter Ukraine or temporarily restricted in their right to
leave Ukraine, to make in the documents of the referred persons the relevant
mark";
paragraph 7, after the words "who are passing across the state border of Ukraine"
to be added with the words "persons who are passing through checkpoints of entry
 exit";
paragraph 11 to be added with the words "or perform the relevant transportation
through checkpoints of entry  exit";
in paragraph 34 the words "or the regime at checkpoints across the state border of
Ukraine" shall be replaced with the words " the regime at checkpoints across the
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state border of Ukraine, the checkpoints of entry  exit, order of entry on the
temporarily occupied territory and departure from it";
d) in paragraph five of Article 23:
paragraph 2 after the words "across the state border" to be added with the words
"or through the checkpoints of entry  exit ";
paragraph 3 after the words "crossing the state border" to be added with the words
"or entering the temporarily occupied territory and departure from it";
6) The Law of Ukraine "On Legal Status of Foreigners and Stateless Persons"
(Bulletin of the Verkhovna Rada of Ukraine, 2012, № 19  20, p. 179, 2013, № 21,
p. 208, № 48, p. 682, № 51, p. 716, as amended by the Law of Ukraine on July 4,
2013 № 406  VII):
a) in Article 13:
to complement the first part with paragraph eight as follows:
"if such a person attempts to commit an entrance through the checkpoints of entry
 exit on the temporarily occupied territory without authorization, or such a person
during the previous stay in Ukraine exited it through the checkpoints of entry 
exit";
in the second paragraph the words " the second and the seventh " to replace with
the words " the second, the seventh and the eighth";
b) to add Article 141 as follows:
"Article 141. Return of foreigners and stateless persons on the temporarily
occupied territory
1. Foreigners and stateless persons who arrived to the checkpoints of entry  exit
from the temporarily occupied territory without permission are not allowed to
travel further and in the shortest time they return to the temporarily occupied
territory from which they came, or to the state that issued the passport.
If it’s impossible for a foreigner or a stateless person to immediately return they
remain at the checkpoints of entry  exit up to their return.
Such foreigners and stateless persons in the passport document receive a stamped
mark on the prohibition of entry to Ukraine for the period specified in the decision
taken in accordance with Article 13 of this Law";
c) Article 20 is supplemented with part four as follows:
"4. The transit of foreigners and stateless persons through the temporarily occupied
territory is prohibited";
7) In the Law of Ukraine "On Freedom of movement and free choice of residence
in Ukraine" (Supreme Council of Ukraine, 2004, № 15, p. 232):
a) the first paragraph of Article 12, paragraph eight supplemented as follows:
"the temporarily occupied territories";
16
b) the first paragraph of Article 13, paragraph eight to be supplemented as follows:
"on the temporarily occupied territories";
8 ) In paragraph 3 of Article 9 of the Law of Ukraine "On the Border Control"
(Supreme Council of Ukraine, 2010, № 6, p. 46), the words "for verifying of
compliance by a foreigner or a person without citizenship of the requirements for
the duration of stay on the territory of Ukraine" shall be excluded;
9) Article 26 of the Law of Ukraine "On the State Register of Voters" (Bulletin of
the Verkhovna Rada of Ukraine, 2011, № 5, p. 34) to be supplemented with part
six as follows:
"6. Personal data of the Register may be used by the central executive authority
responsible for implementing of government policy on migration (immigration and
emigration), including combating illicit (illegal) migration, citizenship, registration
of physical persons, refugees and other categories of workers defined by law to
implement its tasks of registration of residence / stay of natural persons in Ukraine
and maintaining of register of them";
10) Article 23 of the Law of Ukraine "On Electric Power" (Bulletin of the
Verkhovna Rada of Ukraine, 1998, № 1, p. 1, 2013, № 28, p. 301, 2014, № 2  3,
p. 41) to be supplemented with part four as follows:
"Peculiarities of regulation of legal, economic and organizational relationships
associated with the sale of electricity from the wholesale of electricity market of
Ukraine on the temporarily occupied territories, as well as relationships associated
with the production, transmission, distribution, supply, purchase, sale and use of
electric energy on the temporarily occupied territory shall be established by the
Cabinet of Ministers of Ukraine";
11) In the Law of Ukraine "On Amendments to Certain Legislative Acts of
Ukraine on implementation of the Action Plan for the liberalization of the EU visa
regime for Ukraine on the liability of legal persons" (Bulletin of the Verkhovna
Rada of Ukraine, 2014, № 12, p. 183):
a) in Section I:
in paragraph 1:
the text of article 963 to read as follows:
"1. Reasons for applying to an entity of measures of criminal law is committing by
its authorized person or by proxy or by order, by conspiracy and complicity, or
otherwise:
1) from the name and on behalf of the legal entity of any of the offenses specified
in Articles 209, 306, paragraphs one and two of article 3683, paragraphs one and
two
of
Article
3684,
Article
369,
3692
of
this
Code;
2) from the name of the legal entity of any of the offenses specified in Articles 258
 2585 of this Code;
3) from the name and on behalf of the legal entity of any of the offenses specified
in Articles 109, 110, 113, 146, 147, 160, 260, 262, 436, 437, 438, 442, 444 and 447
of the Code.
17
Note 1. The authorized entities shall mean the legal entity officials and other
persons in accordance with the constituent documents of the legal entity or
agreement to act on behalf of the entity.
2. Offenses under Articles 109, 110, 113, 146, 147, 160, 209, 260, 262, 306,
paragraphs one and two of article 3683, paragraphs one and two of Article 3684
and Articles 369, 3692, 436, 437, 438, 442, 444, 447 of this Code shall be
recognized to be committed for the benefit of a legal person, if they are aimed at
obtaining undue advantage or her conditions for obtaining such benefits, as well as
to evade statutory responsibility";
Article 964 shall read as follows:
"Article 964. Legal persons to who apply the measures of criminal law
1. Measures of criminal law in cases referred to in paragraph 1 of Article 963 of
this Code shall be applied by the court to enterprises, institutions or organizations
other than government bodies, authorities of the Autonomous Republic of Crimea,
local governments, organizations established by them in the prescribed manner,
fully funded from the appropriate state or local budgets, funds of compulsory
social insurance, the Fund of guaranteeing of holdings of physical persons as well
as international organizations.
2. Measures of criminal law in cases provided for in paragraphs 2 and 3 of Article
963 of this Code shall be applied by the court to the subjects of private and public
rights of residents and non-residents of Ukraine, including businesses, institutions
or organizations, government agencies, authorities of the Autonomous Republic of
Crimea, local governments, organizations established by them in the prescribed
manner, foundations, and international organizations, and other entities,
established in accordance with national or international law.
If the state or state-owned entity owns more than 25 percent in the legal person or
legal entity is under the effective control of the state or state-owned entity, then
this entity has civil liability in full for unlawfully obtained profits and damage
caused by crime that was made by the state, entities or government";
part two of Article 966 to be added with the following sentence: "In the
application of measures of criminal law, legal entity has to reimburse the loss and
damage suffered in full and the amount received of improper benefits that was
received or that could have been received by the legal entity";
article 969 to read as follows:
18
"1. Liquidation of the legal entity is used by the court in the case of an authorized
person of any of the offenses specified in Articles 109, 110, 113, 146, 147, 160,
260, 262, 258  2585, 436, 437, 438, 442, 444 and 447 of this Code";
in paragraph 2:
point 16 to read as follows:
“Information about a legal person to which the legal measures of criminal nature
can apply, shall be registered with the Unified Registry of the pretrial
investigations immediately after the notification about the suspicion in committing
a crime stipulated by articles 109, 110, 113, 146, 147, 160, 209, 260, 262, 306, part
one and two of the article 368-3, part one and two of the article 368-4, articles 369,
369-2, 436, 437, 438, 442, 444, 447 of the Criminal Code of Ukraine on behalf of
or in interest of such legal person is handed, or in committing any crime stipulated
by articles 258-258-5 of the Criminal Code of Ukraine on behalf of such legal
person. Investigator or prosecutor shall notify a legal person in writing about the
registration of such information not later than during the next working day.
Proceedings in respect to the legal persons shall be conducted simultaneously with
the respective criminal proceedings in that which a person is suspected ”;
Subparagraph 22 shall be formulated as follows:
"22) in the article 284:
The words “and proceedings in respect to the legal person” shall be added to the
heading;
After the part two, a new part of the following content shall be added:
“Proceedings in respect to the legal person can be closed if the absence of the
grounds for the application of the criminal legal measures is established, if the
criminal case is closed, or if the acquittal is adopted in respect to the authorized
person of the legal entity.
Prosecutor shall adopt a resolution about the closure of the criminal case, and court
shall mention that in the acquittal or in a separately adopted decision. The decision
about the closure of the proceedings related to the legal person can be appealed
against in the order stipulated by this Code.”
In connection with this, parts 3-8 shall be deemed as parts 4-9;
Paragraph 2 of part 6 shall be formulated as follows:
“The copy of the resolution of the prosecutor about the closure of the criminal
proceedings and/or proceedings in respect to the legal persons shall be sent to the
19
applicant, victims, its representatives, suspect, defender, representative of a legal
persons in respect to whom the proceedings are undertaken”;
b) paragraph 1 of the part II of the “Final Provisions” shall be formulated as
follows:
"1. This law comes into legal force from the moment when the Law of Ukraine
“On guaranteeing the rights and freedoms of citizens and on the legal regime on
the temporarily occupied territory of Ukraine” comes into force.
5. The Cabinet of Ministers shall:
1) During 15 days from the day when this law came into force:
a) elaborate and propose to the consideration of the Verkhovna Rada of Ukraine
the draft laws needed to meet the requirement and to enforce the provisions of this
Law;
b) adopt the legal acts needed to enforce this Law;
c) recommend its legal acts in line with this Law;
2) provide:
а) that the executive bodies adopt the legal acts deriving from this Law;
b) the legal acts adopted by the executive bodies are in line with this Law;
c) that property of the governmental bodies, enterprises, entities and organizations
is transported from the temporarily occupied territory;
d) that the citizens of Ukraine resettled from the temporarily occupied territory to
the other territory of Ukraine continue their secondary and higher education, obtain
a document certifying receipt of the relevant education and undergo external
independent evaluation.
6. The Central Voting Commission shall take all possible measures, including
adopting of relevant legal acts, to ensure that citizens of Ukraine who left the
temporarily occupied territory exercise voting rights during the Presidential
Elections on 25 May 2014.
7. The National Bank of Ukraine shall adopt the legal acts needed to enforce this
Law.
Acting President of
Ukraine,
Parlimanet Speaker of
Ukraine
Kyiv
15 April 2014
№ 1207-VII
О.TURCHINOV