Return, readmission and reintegration : the legal framework in Ukraine

Authors Lyudmila DAVYDOVYCH
Our analysis of Ukrainian national legislation demonstrates that it envisages procedures of readmission, compulsory return and expulsion, as well as voluntary return of foreigners and stateless persons. The Law 3773-VI of 22.09.2011 “On legal status of foreigners and stateless persons”1 The Law also determines procedures of voluntary and compulsory return of foreigners and stateless persons from the Ukrainian territory, as well as expulsion procedure, but offers no definitions for the terms ‘voluntary return’, ‘compulsory return’ and ‘expulsion’. provides definition only for the term ‘readmission’ (par. 22 of the preamble). According to the Law, readmission represents transfer from the Ukrainian territory or admission to the Ukrainian territory on the grounds and according to procedure set forth in the international treaties of Ukraine. Definitions of the terms ‘compulsory return’ and ‘compulsory expulsion’ are introduced in subordinate legislation, such, for instance, General decree of the Ukrainian Ministry of Interior, Administration of the State Border Service and Security Service of 23.04.2012 No. 353/271/150 “On approval of Instruction on compulsory expulsion of foreigners and stateless persons”2 According to this Decree, ‘compulsory return’ and ‘compulsory expulsion’ represent the system of administrative and legal measures aimed at forcing a foreigner or a stateless person to leave the territory of the state against his or her will. . We have established that Ukrainian legislation in principle does not give a comprehensive definition for the term ‘voluntary return’, and from our point of view this is an oversight, as far as legislation determines procedure of application, but does not give a definition for this legal term.
Year 2013
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