Ukrainian border guards will begin strictly enforcing their government’s entry and residency laws by the time Ukraine becomes a WTO member on May 16.
Ukrainian border guards will begin strictly enforcing their government’s entry and residency laws by the time Ukraine becomes a full-fledged member of the World Trade Organization (WTO), expected on May 16.
By then, Ukraine’s parliament will pass the final regulations to clarify entry and residency conditions, penalties and fines and adopt full computerization of the border service in accordance with WTO standards, said Col. Volodymyr Puziyenko of the State Border Service.
“The law will be followed very strictly,” Puziyenko said. “Unlike now, everything will be computerized. We’ll see when someone came to the country, when they left, and for how long they stayed here.”
Currently, border guards are allowing foreigners from developed nations to return to Ukraine without having to abide by a July 2007 requirement to leave the country for 90 days before returning for another 90 days.
Once Ukraine joins the WTO, a foreigner will face a Hr 340 to 680 fine and receive a warning for overstaying the 90day visafree period, Puziyenko said.
Foreigners also won’t be able to simply cross the border and return without a visa or a residency registration from the Visa and Registration Department (VVIR).
Since the 90day rule came into effect in July, putting an end to a relaxed regime established after the Orange Revolution, the border and customs services have largely ignored it or inconsistently enforced it, which may have been direct orders from governing organs.
The State Customs Service, for example, reported receiving a letter from the Ministry of Foreign Affairs in August directing it to abstain from enforcing the July 11 Cabinet of Ministers resolution because it wasn’t specific enough.
As a result, many expatriates succeeded in renewing their 90day stay in Ukraine by simply crossing the border and reentering.
The Post learned of no cases in which foreigners were required to remain outside of Ukraine for 90 days before returning. However, authorities are tightening enforcement in the runup to Ukraine’s WTO accession.
Borders guards stopped American businessman Roman Kindrachuk on April 13 as he was boarding a departing flight from Boryspil International Airport.
For staying in Ukraine beyond the 90day visafree limit, Kindrachuk was asked to pay a Hr 680 fine or he wouldn’t be able to leave the country.
“They told me there is a law and according to it, those who stay in the country for more than 90 days must have a registration,” Kindrachuk said.
The guard was referring to a VVIR registration, which foreigners are required to obtain if they establish residency in Ukraine.
Eventually, the border guard called the head of the airport’s border service, who let Kindrachuk go with a warning without paying the fine.
“The customs guards were fair and correct,” Kindrachuk said. “The problem is that nobody knows anything concrete, and whether to charge or not to charge is decided spontaneously.”
Emmy Brand, an English teacher in Vinnytsia, said she was charged a Hr 340 fine for exceeding her 90day stay in Ukraine.
“I was aware of that fine, but not certain about how much it would be,” Brand said. “Although my friend overstaying a day less than me was not charged any fine, so I still don’t understand how they decide who has to pay a fine.”
Puziyenko of the Border Service acknowledged enforcement has been inconsistent.
“We have old and sometimes incomplete laws,” he said. “Once WTO laws are adopted, we’ll be more consistent in visa rules enforcement.”
Specifically, the new visa regulations will specify who won’t be made to pay a fine for exceeding a 90day stay without proper registration.
This applies to foreigners who overstayed because of circumstances beyond their control, such as illness or transportation problems which can be proven with documentation.
Registering residency with VVIR allows foreigners from developed nations to stay in Ukraine at least three months without a visa and in some cases for two and fiveyear terms, according to the TryUkraine Web site.
Kyiv police launched on April 7 a crackdown on foreigners living in Ukraine without VVIR registration, which is required for all foreign residents regardless of visa status.
