The Law of Ukraine On Freedom of Movement and Free Choice of Place of Residence in Ukraine
Date of Entry into Force: January 15, 2004
The Law of Ukraine “On Freedom of Movement and Free Choice of Place of Residence in Ukraine” (hereinafter the Law) in compliance with the Constitution of Ukraine regulates relations connected with freedom of movement and free choice of place of residence in Ukraine, which are guaranteed by the Constitution of Ukraine and secured by the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, Convention for the Protection of Human Rights and Fundamental Freedoms and Protocols Thereto, other international acts. The Law defines the procedure of exercise of freedom of movement and free choice of place of residence and cases of their limitation. This Law shall apply to the citizens of Ukraine, foreigners and stateless persons who stay in Ukraine legally according to their rights and freedoms provided for by the Constitution of Ukraine, laws or international agreements of Ukraine.
Freedom of movement and free choice of place of residence on the territory of Ukraine shall be guaranteed to the citizens of Ukraine, foreigners and stateless persons who stay in Ukraine legally, except limitations set by the Law. Registration of place of residence or stay of the person or its absence shall not be either condition or ground for exercising rights and freedoms provided for by the Constitution, laws or international agreements of Ukraine.
Legal grounds for stay on the territory of Ukraine shall be: · for the citizens of Ukraine - Ukrainian citizenship; · for foreigners and stateless persons - registration on the territory of Ukraine of passport document, permanent or temporary residence permit or documents attesting acquisition of refugee status or asylum in Ukraine.
The citizen of Ukraine, as well as the foreigner or stateless person who stay in Ukraine legally shall register his/her place of residence during ten days after arrival at the new place of residence. In order to register the person shall submit: · written application; · passport document; · receipt of state duty payment or the document about exemption from it; · two copies of strike off the register form.
It shall be prohibited to demand other documents in order to register the place of residence. Application of the person about registration of place of residence shall be the only ground for the registration of place of residence of the person.
The person shall be struck off the register in the place of residence within seven days on the basis of application of the person, inquiry of registration body in a new place of residence of the person, final judgment of court (about deprivation of ownership right to living premises or the right to use living premise, recognition of a person as missing or deceased) and death certificate.
Registration of the place of stay shall be conducted on the basis of application of the person who shall submit it within seven days after arrival at the place of stay. During registration of the place of stay of the person information about him/her shall be given to the registration body in the place of residence of the person. The person shall be struck off the register on the basis of his/her notification. Responsibility for reliability of the above notification shall be imposed on such person. Registration body having obtained notification of the person shall strike off the register his/her place of stay and inform therein the registration body where his/her place of residence is registered. In case if during the registration false information about the person was recorded, the registration body shall introduce necessary changes into the registration record-keeping during seven days. The changes shall be introduced on the basis of presented by the person or his/her legal representative reliable information.
Place of residence and stay of the person shall be registered by the respective body of specially authorized central body of executive power on registration issues (hereinafter registration body) in the Autonomous Republic of Crimea, oblasts, cities, districts, districts in cities, as well as in cities Kyiv and Sevastopol.
Pursuant to the Law, freedom of movement may be limited: · at the border; · on the territory of military objects; · in the zones which according to the law refer to limited access zones; · on private land plots; · on the territories where martial law and state of emergency are introduced; · as regards to the persons who according to the legislation are under administrative supervision and in other cases stipulated by law.
Free choice of place of residence shall be limited in administrative territorial units which are located: · at the border; · on the territory of military objects; · in the zones which according to the law refer to limited access zones; · on the territories where martial law and state of emergency are introduced; · as regards to the persons who are under 16 years old; · as regards to the persons who according to the legislation are under administrative supervision and in other cases stipulated by law.