New version of a “Temporary order of entrance and exit the uncontrolled territory” with changes and additions was published on the SCU’s web site on June 16.

A volunteer of legal department of the “Vostok-SOS” Levon Azizyan commented important changes to the document for the Informator.lg.ua. An admission system to uncontrolled territories has been severely criticized last months. Human rights activists, public activists and journalists underlined its main disadvantages: lack of information for population, burocracy delays, bad electronic documents circulation. As a result people had to wait for months instead of 10 days to get a permit to enter or leave the uncontrolled territory.

Office of the ATC within the SCU organized a work group on questions of improvement of admission procedure. Representatives of the SCU, State Border Service, public activists and human rights activists became members of the group.

The group managed to develop recommendations about changes to the “Temporary order” and make significant additions.

General rules of work of entrance-exit checkpoints

The document sets a time of work of entrance-exit checkpoints (EEC). Checkpoints work 24 hours a day, 7 days a week; they check and let pass from 6:00 till 20:00 in summer, from 8:00 till 17:00 in winter and from 7:00 till 18:30 in autumn and spring.

All law enforcement officers at EEC must have certificates of employment. Representatives of all bodies and services of Ukraine during implementation of their official responsibilities must have certificates of employment, other people, who came on business – directions for a task and temporary permits.

Submission of documents

“A big part of our recommendations were taken into account. Now people can submit their applications via the internet and get automatic answer-confirmation – to let applicants know that their letters were not lost. A demand to send photos was cancelled for electronic applications. As for crossing – people don’t have to show a paper permit if his/her information is in the data base”, — the lawyer noted.

Refusal to get a permit

Refusal will be made by a Coordination group and presented to an applicant not later than in 20 days after registration of application to get a permit. A decision about refusal will include the number of application, number and date of decision about refusal, an official, who is responsible for taking such decision. Written decision about refusal will be given to applicant in person or via e-mail or sent to the post address, mentioned in the application.

Now there are more reasons for refusal to exit the uncontrolled territory, for instance, if person wouldn’t be able to confirm a goal of his/her entrance of the controlled territory. The new version still has such reason for a refusal as a threat to national security of Ukraine, protection of the public order, health, laws and legal interests of Ukrainian citizens.

Rules for minors

Former “Temporary order” lack rules about admission of minors. Now minors can enter the uncontrolled territory according to Rules of crossing the state border of Ukraine.

A procedure of exit from uncontrolled territory for people, who was born in 1998 and later, but couldn’t issue Ukrainian passport because of absence of government bodies on the uncontrolled territory was regulated. To cross the demarcation line it will be enough to show a birth certificate or any other document to identify a person, who should be accompanied by a citizen of Ukraine with permission for entrance/exit.

Same rules are valid for people under 16.

For children without a birth certificate, who were born on the uncontrolled territory after the beginning of the ATO, it will be enough to present any document, determined by Article 5 of the Law of Ukraine “About citizenship of Ukraine” or Article 2 of the Law of Ukraine “About the order of exit from Ukraine and entrance to Ukraine of citizens of Ukraine”.

Released prisoners

A person, who has released from the place of imprisonment have to present an identifying document and three days after a check by the SCU and State Migratory Service of Ukraine, he/she will get a certificate and permit to the controlled territory.

Exit without permission, exceptions

People, who had to leave their places of living because of/to avoid military conflict, temporary occupation, mass violence, mass violations of human rights and emergency situations of natural or anthropogenic character can enter Ukraine without permits. The head of the coordination center takes decision in such cases.

Moreover, if one checkpoint in one sector will be closed, people can use another sector. For example, in case of escalation of the military conflict and limitation of movement within a transport corridor in some sector, a person with a permit to cross the demarcation line in noted sector can cross it in another one.

The main disadvantage – prohibition of regular busses

To cross the demarcation line by a car it is enough to present a registration certificate and a document confirming a property right or a power of attorney from the owner of a vehicle.

Moreover, circulation of regular busses across the demarcation line was banned, with the exception of irregular transportations of separate organized groups of people (refugees, children for health improvement and rest, etc.).

In opinion of our expert, this innovation is a serious disadvantage of updated Order. “It will cause difficulties in crossing the demarcation line for many people”, — the lawyer is sure.

Aleksey Chernov for the Informator.lg.ua