A new Law of Ukraine “On legal status of foreign nationals and stateless persons” No. 3773-VI (the “Law”) comes into force from 26 December 2011. This Law, as opposed to the current Law (No. 3929-XII dated 04 February 1994), is concentrated on regulating issues regarding the entry, residence and departure of foreign nationals and stateless persons from Ukraine. While the Law does not stipulate provisions which separately establish the underlying rights, freedoms and obligations of foreign nationals and stateless persons, it nevertheless specifies that foreign nationals and stateless persons who stay in Ukraine on legal grounds shall enjoy the same rights and freedoms as well as bear the same responsibilities as the citizens of Ukraine with the exceptions set forth in the Constitution, laws or international agreementsof Ukraine.

The Law expands the list of persons who have the right to obtain temporary residence certificates in Ukraine. In particular, a temporary residence certificate may be obtained for family members (spouse, children) of foreign nationals holding temporary residence certificates; representatives of foreign mass-media; foreign nationals who arrived to Ukraine for a family reunion (spouse who is a citizen of Ukraine), etc. However, despite that the documents required for obtaining temporary residence certificate in Ukraine are set forth by the Law, the exhaustive list of documents will nevertheless be specified by the internal affairs authority which, in our view, will complicate the process.The Law also, among other things:

1) determines grounds for refusal in granting a visa or itscancellation;

2) sets forth a list of documents necessary for a foreign national or a stateless person to enter into and depart from Ukraine depending onthe status of the individual and the purpose of the stay in Ukraine;

3) stipulates a registration procedure for foreign nationals and stateless persons who enter into Ukraine or stay on the Ukrainianterritory, and specifies persons who do not require registration;

4) sets forth a list of documents which can prove availability of sufficient financial support for foreign nationals and stateless persons required for entrance into Ukraine, stays on or transit through theterritory of Ukraine;

5) expands the list of reasons which do not apply to forced return, forced deportation or extradition of a foreign national or a statelessperson to another country; and

6) as opposed to the current legislation, establishes that commitingan administrative offence is not a reason for deportation from Ukraine.

The provisions of the Law regarding biometric data collection will come into force only after the national system of biometric verification and identification of citizens of Ukraine, foreign nationals and statelesspersons will begin functioning.