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1. **Essence of the Law:** This order amends the Instruction on the Procedure for the State Migration Service of Ukraine (SMS) to Make Decisions on the Prohibition of Entry into Ukraine for Foreigners and Stateless Persons. It defines the procedure by which the SMS and its territorial bodies make decisions on the prohibition of entry, as well as the conditions for canceling such decisions. The instruction is brought into compliance with current legislation.
2. **Structure and Main Provisions:** The order approves a new version of the Instruction, which consists of 19 paragraphs and 2 appendices (forms of resolutions). The main provisions include:
* Grounds for prohibiting entry, as defined by the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons.”
* A list of bodies at whose initiative a decision to prohibit entry may be made (National Police, pre-trial investigation bodies, centers for disease control and prevention, state/private enforcement officers).
* Terms of entry ban (3 or 10 years) depending on the grounds.
* Decision-making procedure, including the collection of necessary data and sending a copy of the resolution to the State Border Guard Service of Ukraine.
* Procedure for appealing a decision to prohibit entry.
* Procedure for canceling a decision to prohibit entry.
3. **Most Important Provisions:**
* **Grounds for Prohibition of Entry:** It is important to clearly understand what actions or circumstances may lead to a prohibition of entry into Ukraine.
* **Terms of Prohibition:** It should be taken into account that the term of the entry ban may vary (3 or 10 years) depending on the violation.
* **Appeal Procedure:** A person who is prohibited from entering has the right to appeal this decision to the SMS or in court.
* **Cancellation of the Prohibition:** It is important to know under what conditions a decision to prohibit entry can be canceled, for example, if the circumstances that formed the basis for the prohibition cease to exist.
* This act concerns the activities of the State Migration Service of Ukraine, which in the conditions of martial law is of particular importance for controlling the movement of persons across the border.
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