Ukrainian laws stipulate that foreign nationals and stateless persons have the
right to receive a temporary residence permit after spending the maximum period
in a temporary residence center by filing the appropriate application to obtain
a residence permit.64 In reality, though, this norm is not applicable: to obtain a
residence permit, foreign nationals and stateless people must submit, among other
things, a passport with the corresponding long-term visa and copies of pages of
the passport containing this visa.65 Most people in temporary residence centers
do not have identity documents and are placed in these centers specifically for
the purpose of identification. Thus, people remain undocumented after they leave
these centers and are at risk of being arrested and imprisoned a second time. Right
to Protection has recorded instances of this at the centers in Volyn and Chernihiv
oblasts; in one case, the group established that the same person had been placed
in a center three times.
Under Ukrainian law, foreign nationals and stateless persons detained for the
purposes of identification and forcible expulsion have the right to free legal assistance from the time of their arrest66 and do not have to pay court fees for submitting
claims regarding their detention with a court.67 Monitoring has shown that temporary
residence centers do post information about centers providing free legal assistance
and staff members do notify people being held in the centers of their right to seek free
legal assistance at free follow-up centers.
At the same time, workers at government agencies do not always have sufficient
skills to identify stateless people, which results in unjustified sanctions and violation of
the rights of stateless persons by the government.
Tougher penalties are applied to violators of migration rules in Russia. These
include fines and administrative expulsion, which involves placement in a foreign
national temporary detention center for a period of up to two years (the period to
enforce an administrative ruling). Russian law does not envisage judicial control over
detention periods or the expediency of keeping stateless persons in these detention
centers.
64 Temporary Procedure for Considering Applications for Temporary and Permanent
Residence Permits, https://zakon.rada.gov.ua/laws/show/z1335-13
65 Law of Ukraine “On the Legal Status of Foreign Nationals and Stateless Persons,”
Clause 17 of Article 4, https://zakon.rada.gov.ua/laws/show/3773-17/print
66 Law of Ukraine “On Free Legal Assistance,” Clause 8 of Article 14, https://zakon.
rada.gov.ua/laws/show/3460-17
67 Code of Administrative Proceedings of Ukraine, Clause 19 of Article 289, https://
zakon.rada.gov.ua/laws/show/2747-15/print
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