DEFINITION OF RACIAL DISCRIMINATION

Ideology of racism is an inconsistent system of beliefs presuming that:

• racial (ethnic) features constitute the scientific classifier of groups,
• which are of different quality,
• consequently, it is possible to distinguish superior and inferior groups;
• and a man having biological link to a group through parents,
• along with racial origin inherits the feature set of a group,
• that, subsequently, determines his/her peculiarities, even on acting autonomously,
• and these peculiarities will always differentiate him/her from representatives of other groups.

Concept of race and ethnic group: Appearance

Concepts of «race», «ethnic group» (people, nation) emerged from non-scientific theories and are being used for typology of human communities. Any doctrine of racial superiority, along with theories which attempt to determine the existence of so-called distinct human races were strongly rejected by the Declaration of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (Durban, 2001).

Nevertheless, concepts of race and ethnic group are still widely used as instruments of purely biological (the race) or mixed with cultural (the ethnic group) division of human kind into species. It is worth to mention that whatever typology we take (racial, ethnic, cultural) — the majority of human beings will not belong to any pure type. This is why we can hold that any typology of this sort does not correspond to its intended purpose of classification.

Given that, why are they being constructed in new versions endlessly and why those which had been rejected long ago are alive to the present day? Particularly, the demand for racial typologies is generated in the demand for validation of modern nation states. Approaches admitting that national borders are far from being conventional and, on the contrary, they reflect fundamental historical regularities — of growth of civilizations, traditions of culture etc. — are popular these days. Moreover, racial typologies may be demanded for revision of actual political system of the world. So racial and ethnic identity is constructed and sustained by politicians although no one is capable of dividing the bulk of world’s population in a self-consistent manner.

European Convention on Human Rights and Fundamental Freedoms ensures the right to freedom of thought, conscience and religion. Everyone has a right to preserve, choose, change his racial, ethnic, religious etc. identity and his beliefs.

Personal information concerning your racial, ethnic identity is confidential and is not subject to recording, keeping and publication without your consent.

However, your right can be violated. This happens, for instance, when there is a formation of a subjective notion of your racial, ethnic, national origin/identity based on your appearance, behavior, speech and, subsequently, based on this notion they restrict your rights. The violations of this sort are called racial discrimination.

Definition of racial discrimination in International Convention on Elimination of All Forms of Racial Discrimination (Article 1, p. 1):

«In this Convention, the term, ‘racial discrimination’ shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.»

«Direct racial discrimination shall mean any differential treatment based on a ground such as race, colour, language, religion, nationality or national or ethnic origin, which has no objective and reasonable justification. Differential treatment has no objective and reasonable justification if it does not pursue a legitimate aim or if there is not a reasonable relationship of proportionality between the means employed and the aim sought to be realised.» (ECRI general policy recommendation N°7 on national legislation to combat racism and racial discrimination)

«Indirect racial discrimination shall mean cases where an apparently neutral factor such as a provision, criterion or practice cannot be as easily complied with by, or disadvantages, persons belonging to a group designated by a ground such as race, colour, language, religion, nationality or national or ethnic origin, unless this factor has an objective and reasonable justification. This latter would be the case if it pursues a legitimate aim and if there is a reasonable relationship of proportionality between the means employed and the aim sought to be realised.» (ECRI general policy recommendation N°7 on national legislation to combat racism and racial discrimination)

Forms of racial discrimination

As a State Party to the International Convention on Elimination of All Forms of Racial Discrimination Ukraine «undertakes to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:

(a) The right to equal treatment before the tribunals and all other organs administering justice;

(b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;

(c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;

(d) Other civil rights, in particular:

(i) The right to freedom of movement and residence within the border of the State;

(ii) The right to leave any country, including one’s own, and to return to one’s country;

(iii) The right to nationality;

(iv) The right to marriage and choice of spouse;

(v) The right to own property alone as well as in association with others;

(vi) The right to inherit;

(vii) The right to freedom of thought, conscience and religion;

(viii) The right to freedom of opinion and expression;

(ix) The right to freedom of peaceful assembly and association;

(e) Economic, social and cultural rights, in particular:

(i) The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration;

(ii) The right to form and join trade unions;

(iii) The right to housing;

(iv) The right to public health, medical care, social security and social services;

(v) The right to education and training;

(vi) The right to equal participation in cultural activities;

(f) The right of access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks.» (Article 5)

As a State Party to the International Convention on Elimination of All Forms of Racial Discrimination Ukraine «particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.» (Article 3)

Racial segregation is the practice of restricting people to certain circumscribed areas of residence or to separate institutions (e.g., schools, churches) and facilities (parks, playgrounds, restaurants, restrooms) on the basis of race or alleged race. (The Encyclopedia Britannica)

Distinction between citizens and non-citizens in respect to their rights

According to the International Convention on Elimination of All Forms of Racial Discrimination (Article 1, p. 2: «This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.»

LEGAL STATUS OF FOREIGNERS AND STATELESS PERSONS IN UKRAINE

The legal status of foreigners and stateless persons is fixed by the Law of Ukraine in the legislation namely «On the Legal Status of Foreigners and Stateless Persons» of 04.02.1994, and also in other laws and subordinate legislation including the Convention Relating to the Status of Stateless Persons of 28.09.1954, Convention Relating to the Status of Refugees of 28.07.1951, The Declaration on the Human Rights of Individuals who are not Nationals of the Country in which they live of 13.12.1985.

According to the Law of Ukraine «On the Legal Status of Foreigners and Stateless Persons» foreigners are individuals who have citizenship of foreign states and are not citizens of Ukraine, and also individuals without citizenship who claim citizenship of no particular state (Art. 1 of the Law).

Foreigners enjoy the same rights and freedoms as the citizens of Ukraine. They are charged with the same duties unless otherwise provided by the law and international conventions of Ukraine (Art. 26 of the Constitution of Ukraine).

However, there are status distinctions between foreigners and citizens of Ukraine.  Administrative legal capacity of a foreigner who has arrived in the country becomes effective from the date of entry and terminates on the date of departure from the country. Administrative capacity of a foreigner consists in the capability to realize one’s rights by one’s acts and to discharge one’s obligations. There are features characteristic of the legal status of foreigners and non-patriots, including a number of restrictions of their rights and duties.

A foreign citizen does not lose legal relationship with his/her country by staying outside its boundaries. Such an individual is entitled to its protection and support. At the same time, a foreign citizen is under the jurisdiction of another country. He/she is obliged to keep to the Constitution and administrative rules provided by it.

Article 3 of the Law of Ukraine «On the Legal Status of Foreigners and Stateless Persons» states the distinction between temporary foreigners and foreigners who permanently reside in Ukraine:

• foreigners and stateless persons who immigrated for permanent residence or arrived for temporary employment — are considered permanently residing in Ukraine. A permanent or temporary registration certificate is the document confirming legality of residence in Ukraine for such foreigners.

• foreigners and stateless persons who reside otherwise in Ukraine lawfully are considered temporarily residing in Ukraine. On arrival in Ukraine they are obliged to enter their passport data at the Ministry of Interior. Also, it is obligatory to enter information on relocation. After termination of residence, they are obliged to leave Ukraine. During temporary residence in Ukraine, foreigners and stateless persons have no right to change their status of residence to any other and simultaneously apply for/hold?? a residence permit in Ukraine.

Crossing the State Border of Ukraine:

For citizens of countries of current visa-free regime with Ukraine (e.g. Russian Federation, Republic of Belorussia, Republic of Moldova), a term of lawful residence (implying that registration is not necessary) amounts to 90 days. In this case, the document attesting the date of one’s entry) is an immigration card. It is distributed free of charge at the state border crossing point. Foreign citizens personally fill in an immigration card before passing passport control. At the time of passing passport control, the appropriate stamp is made. Then the card is divided into two parts, one of them remains with a foreign citizen for the entire term of residence in the territory of Ukraine. The card is returned back to the frontier guard at the time of departure at the state border crossing points of Ukraine. Foreigners who cross the border with internal passports have their immigration card stamped by a registration mark. Foreigners who cross the border with international passports have their both passport and the immigration card stamped by a registration mark.

Loss of immigration card does not entail any fine sanctions. In case of loss, an immigration card as related to «Arrival» will be renewed using common computer system and a foreigner will continue with his/her itinerary. It is recommended to keep your ticket as this will additionally confirm crossing the border lawfully.

Foreigners and stateless persons who arrive to Ukraine must have a passport. A document attesting the citizenship or identity of a stateless person issued by competent authorities of a foreign state and recognized by Ukraine entitles to go abroad.

Persons and organizations receiving foreigners bear the responsibility for timely explanation of their rights, freedoms and duties as provided in the legislation of Ukraine. They have to keep a record of these individuals and also bear responsibility for timely proceeding of documents ensuring the right of residence in Ukraine, their migration within limits of the state and their departure from Ukraine after termination of the specified term of visit.

Documents certifying lawfulness of stay in the territory of Ukraine:

According to Art. 5 of the Law of Ukraine «On Freedom of Movement and Choice of Place of Residence in Ukraine,» lawful stay in the territory of Ukraine for foreigners and stateless persons assumes registration of one’s passport document or a temporary or permanent residence permit in Ukraine, or documents confirming obtained refugee status or afforded asylum in Ukraine.

Registration and deletion of registration of place of residence of persons come under the jurisdiction of administrative units of State Department on Affairs of Citizenship, Immigration and Registration of Physical Persons of the MoI of Ukraine (CIRPP).

By the Decree of the President of Ukraine «On Additional Measures Concerning Enjoying the Right to Freedom of Movement and Free Choice of Inhabitancy» N435 of 15.06.2001, registration of foreigners who enter Ukraine in accordance with established law and registration of their passport documents is executed only at points of crossing the state border of Ukraine by persons of the State Committee On Guarding the State Border of Ukraine. Other registration of foreigners who lawfully temporarily reside in the territory of Ukraine and of their passport documents is not undertaken by the MoI bodies.

Primary registration of foreign citizens is executed by the frontier guard on crossing the state border. It involves stamping a date on the documents. Absence of such a stamp in the passport of a foreign citizen is a reason to consider this person a violator of the state border.
Foreigners who arrived in the territory of Ukraine through a non-visa regime may stay for 90 days after primary registration. In case of a visa, the term of stay is calculated according to its validity but cannot exceed 6 months. Issues of extending the visa/term of stay of foreign citizens are considered by Ukrainian MoI institutions only.

Registration of foreigners who arrive in Ukraine for permanent residence, education, internship and employment will be executed in accordance with the established law by the MoI institutions.

In case of loss of a national passport in the territory of Ukraine, a foreigner must inform a receiving organization and the MoI, which will then issue a loss certificate on the request of a citizen. After receiving a new national passport at a diplomatic embassy or consular institution of their home country, a foreigner, with the mediation of the receiving organization, files a personal application with the MoI, which then decides to issue a departure visa to leave Ukraine or to register the national passport of the foreigner.

Art. 6 of the Law of Ukraine  «On Freedom of Movement and Choice of Place of Residence in Ukraine» provides that a foreigner or a stateless person lawfully staying in Ukraine is obliged to register a place of residence within 10 days after arrival at a new place of residence.

Owners of business or private visas must register their passports at the local CIRPP. One ought to see to it beforehand because if the receiving party tries to organize registration later, the procedure can take very long. On hotel registration, registration of one’s passport occurs automatically. On departure, one should check for a mark of the hotel on their passport or for a special registration card confirming registration by this hotel. A registered passport will save you trouble on departure from Ukraine.

Terms of lawful temporary stay in the territory of Ukraine (according to the Resolution of the Cabinet of Ministers of Ukraine of 20 February 1999 № 227 «On Approval of New Order of Execution of the Visa Documents for Entry in Ukraine») depending on a visa type:

• Diplomatic visa (Д, VD) — according to bilateral agreements of Ukraine on principles of reciprocity or for all period of accreditation.
• Official visa

— C-1 /VS — according to bilateral agreements of Ukraine on principles of reciprocity or for all period of accreditation.

— C-2/VW, C-3/VC — as a rule for six months or for a period indicated in documents based on which the visa was issued, but no longer than a year.

• Business visa (Б/VB) — as a rule, for six months or for a period indicated in documents based on which the visa was issued, but no longer than a year.
• Visa for workers of emergence services (Л/VL) — as a rule, for six months or for a period indicated in documents based on which the visa was issued, but no longer than a year.
• Student visa (О/VO) — one year.
• Visa for scientists (Н/VH) — as a rule, for six months or for a period indicated in documents based on which the visa was issued,but no longer than a year.
• Visa for mass media workers (М/VM) — according to bilateral agreements of Ukraine on principles of reciprocity or for all period of accreditation.
• Visa for religious missions representatives (Р/VR) — as a rule, for six months or for a period indicated in documents based on which the visa was issued,but no longer than a year.
• Visa for humanitarian missions representatives (Г/VG) — as a rule, for six months or for a period indicated in documents based on which the visa was issued, but no longer than a year.
• Visa to enter with a purpose of cultural and sport exchange (К/VK) — as a rule, for six months or for a period indicated in documents based on which the visa was issued, but no longer than a year.
• Tourist visa (Т/VT) — six months.
• Private visa

— П-1 — one year.

— П-2 — five years.

• Immigration visa

— IM-1/VA — one year.

— IM-2/VE, IM-3/VI) — issued for individuals who enter Ukraine for permanent residence, individuals who enter with a purpose of reuniting a family.

• Visa for attendants of transportation means (ОП/VZ) — as a rule, for six months or for a period indicated in documents based on which the visa was issued, but no longer than a year.
• Transit visa

— ТР-1/VF — five days for one crossing of the territory of Ukraine.

— ТР-2/VX — for a period indicated in documents based on which the visa was issued, but no longer than a year. However, the term of stay in Ukraine at the time of each transition of the territory of Ukraine may not exceed five days.

• Visa for entry with a purpose of organization and carrying the football championship Euro 2012 (Ф/VY) — up to five years, but no longer than one year after the final part of the football championship Euro 2012 in Ukraine.

For the sake of convenience, we will refer to certain specific groups of foreign citizens staying in Ukraine:

• foreigners who permanently or temporarily stay on the territory of Ukraine and who are under the state’s jurisdiction so as the citizens are: foreign students, postgraduate students, tourists, sportsmen, journalists, crews of civil planes, merchant and passenger vessels, members of delegations of cultural, scientific, technological exchange, individuals who arrive on private business etc.
• members of military crews, military men. They are under the state’s jurisdiction only in case of committing illegal acts not in line of duty. Issues of their responsibility are considered according to diplomatic protocol.
• individuals who have consular immunity. They are personally untouchable and not controlled on issues connected with their official activities.
• individuals who have diplomatic immunity are untouchable and excused of criminal, administrative, civil etc. liability before the authorities of country of stay.
• individuals who were given asylum (who have received a refugee status in the territory of Ukraine).
• military men of armed forces who stay in alien territories according to international treaties. These treaties determine extent of immunity of armed forces that extends to official activities only. Beyond it, in case of the committing of a crime, military men are under jurisdiction of country of stay.

Ukraine establishes the national legal regime for foreigners, which is a general principle of Ukrainian legislation. According to it, foreigners are equal with regards to their rights and duties to citizens of Ukraine, with some specifically provided exceptions.

Main rights and duties of foreigners and stateless persons are provided in Art. 7-24 of the Law of Ukraine «On Legal Status of Foreigners and Stateless Persons ».

Foreigners have rights to:

• possess any property, inherit and create it;
• freedom of conscience;
• inviolability of person, home, to privacy, of correspondence, telephone and telegraph communication, implicitly, respect for dignity;
• leisure;
• social protection;
• enjoy cultural achievements;
• business initiative and investing activities;
• access to courts and other state authorities as remedies for property and non-property rights.

IMPORTANT NOTE! Extent of legal status of foreigners depends also on permanent or temporary stay in the territory of Ukraine.

The rights provided for permanently residing foreigners:

• work for enterprises, institutions, organizations and engage in other employment. Foreigners who temporarily stay in the territory of Ukraine must receive a labour permit issued on prerequisite basis by the State Employment Service of Ministry of Labour.
• use medical services;
• accommodation according to the legislation of Ukraine;
• membership of legalized public organizations (when provided by articles of associations unless otherwise prescribed by the law of Ukraine).

At the same time foreigners have no right to:

• found and be members of political parties (Art. 36 of Constitution, Art. 16 of European Convention on Human Rights, Art. 12 of Law «On associations of citizens», art. 16of Law «On the Legal Status of Foreigners and Stateless Persons »);
• elect and be elected for state and municipal authorities, participate in referendums;
• receive or possess land. But joint ventures, international associations and organizations with foreign members and also stateless persons may farm it;
• receive part of state property for privatization cheques (Art. 15 of the Law of Ukraine «Оn Privatization of State Property» of 19.02.1997);
• have peasant (farm) holding (Art. 2 of the Law of Ukraine «On Peasant (Farm) Holding» оf 20.12.1991);
• be attorneys, auditors, notaries (Art. 2 of the Law of Ukraine «On Legal Profession» of 19.12.1992, Art. 3 of the Law of Ukraine «Оn Notarial Profession» of 02.09.1993 г.);
• be state officials (Art. 4 of the Law of Ukraine «On the State Service» оf 16.12.1993), including military men (Art.1 of the Law of Ukraine «On Universal Military Obligation and Military Service» оf 25.03.1992).

Moreover, legislation of Ukraine established certain stipulations regarding particular rights of foreigners. Thus, foreigners who immigrated to Ukraine for employment for a definite term may engage in it only on the basis of a labour permit. Labour permits proceeding order for foreigners and stateless persons was approved by the Cabinet of Ministers of Ukraine on 01.11.1999. According to it, a labour permit is proceeded and issued by the State Employment Centre of Ministry of Labour or on behalf of it by respective employment centres only provided that required workers able to execute the work are unavailable among the citizens, or there is a reasonable ground of rationality for the use of the work of international specialists unless otherwise provided by international treaties of Ukraine. Foreigners who permanently reside in the territory of Ukraine do not need a labour permit. As a rule, a permit is valid for one year or less and on certain ground, the term may be prolonged, but invariably the uninterrupted term of stay of foreigners with the purpose of employment cannot exceed 4 years.

Right of foreigners to education is provided by the Constitution of Ukraine and the Resolution of the Cabinet of Ministers of Ukraine «On Educating Foreigners in Ukraine» оf 26.02.1993. As a rule, foreigners receive education on compensatory basis unless otherwise provided by international treaties.

There are certain stipulations regarding entry of foreign citizens who come from states where dangerous illnesses have been recorded. According to the Law of Ukraine «On Ensuring Sanitary and Epidemiological Well-being of Population» оf 24.02.1994 (Art. 29) separately formed sanitary-quarantine units operate at the frontier points with purpose of prevention of transmission of special danger illnesses and infections.

Foreigners are entitled to move throughout the territory of Ukraine and choose a place of residence in it only in accordance with the order established by the Cabinet of Ministers of Ukraine. For foreigners who plan to stay in Ukraine more than 3 months, an entry visa is issued by diplomatic missions and consular institutions of Ukraine on the basis of presentation of a document attesting HIV-negative status unless otherwise provided by international agreements of Ukraine.

Only foreigners can be subjected to such a sanction as expulsion from Ukraine.

Exercise of rights and freedoms provided by Ukrainian legislation must not cause damage to national interests of Ukraine, rights, lawful interests and freedoms of its citizens and other individuals residing in Ukraine.

Administrative responsibility in the form of punitive measures for violation of the Rules of stay for foreigners in Ukraine is 16 to 1700 grivnas; for citizens of Ukraine who abet such violations it is 8 to 850 grivnas; for officials for violation of order of registration of foreigners or proceeding documents for residence permit upto 350 grivnas. Not only foreigners are liable for this responsibility but also citizens of Ukraine who abetted this violation.

The rules of stay in Ukraine are subject to multidimensional and multilevel control. This is the competency not only of officials of the Department of Citizenship, Immigration and Registration of Physical Persons but also of representatives of other departments of the MoI, district police officers, the Department of the State Frontier Guard. Besides, even having somehow avoided the passport control while entering and during their stay in Ukraine, a foreign citizen will inevitably find himself before the frontier guard at the time of departure to his country. They have the discretion to report administrative violations of this kind and fine violators. So it is your interest to try and fulfill all requirements of the law in order to avoid these concerns.

The Right to Employment

According to the Article 7 of the Ukrainian legislation on the «Legal Status of Foreigners and Stateless Persons» and Article 8 of the Ukrainian legislation on «Public Employment» foreigners and stateless persons have a right to engage in Ukraine in investment, foreign economic and other types of entrepreneurial activities approved by law. At the same time, they have the same rights and duties as Ukrainian citizens unless mentioned otherwise in the Constitution of Ukraine and any other legislation(s).

Accordingly, foreigners and stateless persons have the right to engage in the entrepreneurial activity. To this end, it is necessary to register oneself as a person in the legal status of an entrepreneur. State registration of persons — entrepreneurs is done by the State Registrar at the Executive Committee of the City Council (in cities which are oblast centers) or at district, Kyiv district, Sevastopol district governmental administration by the residence of a person — entrepreneur.

After the registration of residence (place of permanent residence — address) in Ukraine, a foreigner should receive the taxpayer identification number. Registration of physical persons — taxpayers is done at the office of the State Taxation Service by permanent residence of a citizen. For individuals who have no place of permanent residence in Ukraine it is done by place of acquisition of income or by residence of other object of taxation. So foreigners should apply to oblast tax administration and not to district taxation inspectorates.

To be  registered as an entrepreneur by the State, a person who has the taxpayer identification number or this person’s authorized representative has to hand over personally (send by registered post with a list of enclosure) or through an authorized representative, to the state registrar by the place of residence, the following documents:

1. filled in registration card for the state registration of a physical person — entrepreneur;
2. a copy of a taxpayer identification number certificate;
3. the document confirming the remittance of a registration fee to do the state registration of a physical person — entrepreneur;
4. for persons under 16 years willing to engage in entrepreneurial activity —  a letter of consent by parents (adoptive parents) or by a guardian, or by the tutorship and guardianship authority certified by a notary officer.

In case of personal visit also a passport must be shown at the state registrar. According to the position of the State entrepreneur body of Ukraine, stated in its letter 439 of January 23, 2007, a foreigner and stateless person can register as entrepreneurs having acquired a visa of the types: Б, ІМ-2, ІМ-3.

Foreigners who permanently reside in Ukraine have the right to be employed at enterprises, institutions and organizations or engage in any other labour activity based on and in accordance with the procedure as provided for citizens of Ukraine.

A foreigner, who immigrated to Ukraine with the purpose of employment for a definite period, can engage in labour activities based on acquired in accordance with the required procedure labour permit. It is the employer who must obtain the labour permit.

According to par. 6 of the Order of Labour Permission in Ukraine Handling Procedure for Foreigners and Stateless Persons approved by the Resolution 2028 of the Cabinet of Ministers of Ukraine on November 1, 1999, foreigners who permanently reside in Ukraine and other foreigners as provided by the laws and international treaties of Ukraine do not need labour permit.

Foreigners who gained the right of permanent residence in Ukraine (Art. 8 of the Ukrainian legislation on «Legal Status of Foreigners and Stateless Persons») have the right to conclusion of employment agreement  according to the Labour Code of Ukraine without express labor permit on par with the citizens of Ukraine.
1) Foreign citizens with a refugee status according to the Article 20 of the Ukrainian legislation «On Refugees» and

2) Foreigners employed by an investor in the framework of the agreement on production distribution according to the Art. 35 of the Law of Ukraine «On the Agreements on Production Distribution»

may be employed without the labour permit.

Foreigners may not be appointed to particular posts or engage in particular labour activities as provided by the Ukrainian law and that only Ukrainian citizens may hold these posts or be engaged in these activities. So, foreigners may not be:

notary officers (Art. 3 of the Law of Ukraine «On the Notarial Profession»);

solicitors (Art. 2 of the Law of Ukraine «On Legal Profession»);

auditors (Art. 5 of the Law of Ukraine «On Auditing»);

judges (Art. 7 of the Law of Ukraine «On the Status of Judge», Art. 22 of the Law of Ukraine «On Economic Courts»);

customs officers (Art. 7 of the Law of Ukraine «On Customs Service in Ukraine»);

state employees (Art. 4 of the Law of Ukraine «On the State service»).

The Right of Foreigners in Ukraine to Medical Care

According to Art. 10, On the Legal Status of Foreigners and Stateless Persons, of the Law of Ukraine, foreigners, stateless individuals who permanently reside in Ukraine, and  people who have applied for a refugee status, as well as those who have obtained a refugee status in Ukraine, are eligible to use medical service ON EQUAL BASIS with Ukrainian citizens. All other foreigners may receive medical care only if they pay for it (by virtue of agreements with medical insurance or for a fee paid directly to medical institutions).

According to the Lissabon Declaration of World Medical Association on the Rights of the Patient and Declaration on the Promotion of Patients’ Rights, all patients in Ukraine (including foreigners staying in Ukraine legally) have the following rights in the course of a medical treatment:

• right to respect of his or her person as a human being;
• right to self-determination;
• right to physical and mental integrity and to the security of his or her person;
• right to freedom of choice;
• right to information;
• right to informed consent;
• right of obtaining a second opinion on any stage of treatment;
• right to confidentiality and privacy;
• right to medical care of good quality;
• right to health education;
• right to religious assistance.

Medical treatment must always take into account the patient’s best interest and the treatment must comply with universally recognized medical principles and standards.

Memo for patients on assertion of the right to medical care provided by the Law of Ukraine, «Fundamental Principles of Legislation of Ukraine On Health Care»

Patient’s rights:

Doctor in charge may be selected by a patient’s direct choice or be appointed by the director of health care institution or of its department (Article 34).

Patients have the right to ask for a replacement of a doctor (Article 34).

Every patient has the right to freely choose a doctor (Article 38).

Every patient has the right to receive services corresponding to his/her health status of any state medical prevention and treatment facility by choice, unless this establishment cannot ensure respective treatment.

Doctors have the right to refuse to provide a medical service to a patient if this patient does not stand to the requirements or rules of internal regulations of a health care establishment unless a threat to life of a diseased or to public health. A doctor has no responsibility for patient’s health in case of rejection of medical requirements or violation of medical disposal by patient.

The doctor must comprehensibly explain to the patient the state of his/her health, aim of required investigations and medical measures, prognosis of possible course of disease, including risk to his/her life and health.  (Article 39)

The patient has the right to familiarize him/herself with the medical history and other documents, which could be used for future treatments. In specific cases, when full information can do harm to the patient’s health, the doctor can restrict the information that the patient can receive. In this case the doctor informs family members or legal representative of the patient. Doctors act in the same manner if a patient is unconscious. (Article 39). Every patient has the right to receive available information about the state of his/her health in a comprehensible form, including information on results of examination, fact of disease, the diagnosis and the prognosis, methods of treatment, risks related to him/her, possible forms of medical intervention, the consequences and the results of a given treatment.

Medical workers and other persons, who in connection with performance of their professional or official  duties got to know about disease, medical investigation, examination and the results, private and family side of life of a citizen do not have the right to disclose this information, unless otherwise provided in legislation (Article 40).

Using the data of medical secret for training, scientific research, including in case of its publication in professional literature, anonymity of the patient must be ensured. (Article 40). Patients have the right of preservation of secrecy of their health. This means that doctors must keep in secret the diagnosis and even a fact of seeking medical help. Practically this information is quite accessible. Patients have the right to tell doctors not to disclose information about their disease to anyone, including close relatives. Moreover, patients may give authorization for any person to receive information about the state of their health.

During the period of a disease, with temporary loss of labour capacity, citizens are released from work saving payment of social insurance benefit, according to the order provided by the legislation of Ukraine (Article 41).

Informed consent of a patient, who is of a sound mind, is necessary for application of methods of diagnosis, prevention and treatment. In emergency situations, when the threat to the patient’s life is real, consent of the patient or his/her legal representatives for medical intervention is not necessary (Article 43).

Duties of the patient:

• to care about one’s health and health of children; not to interfere with the health of other citizens;
• stand preventive medical inspection and vaccinations as provided by applicable law;
• administer first aid to other citizens, whose life and health have been threatened;
• fulfil other obligations provided by the legislation on health care. (Article10).

Additional information:

Patients have the right to call a priest at the hospital, as long as this does not violate internal regulations.  The Law of Ukraine provides no clear interpretation of this right but in a general sense it is sustained by the Constitution of Ukraine. Also patients have the right to demand admission of an attorney or other legal representative for protection of his/her rights. This right is provided by the Constitution of Ukraine too.

Patients also have the right to refuse medical intervention. Although, there is no direct indication in the law of Ukraine, this right is enforced in correspondence to the right of informed consent (and non-consent, accordingly) for application of the methods of diagnosis, prevention and treatment.

Useful information:

Be more active during medical appointments. Make it imperative that you treat your diagnosis. Preserve all medical documents, referrals, checks for medicines. In case of being harmed, you can refer to these documents, and thus, be able to request refund for all the costs you have incurred, e.g. costs in relation to hiring an attorney or a public organization.

If you prefer to receive service from a private clinic, then before signing an agreement NECESSARILY ascertain all its paragraphs, especially:

— subject of an agreement;

— rights and liabilities of the parties;

— possibility of termination of agreement on your own initiative, on initiative of a clinic;

— valid reasons of termination of agreement on your own initiative.

When you are dissatisfied of the quality of medical help:

You should act in the following order:

1. Tell in polite form your claims to the chief of the department.

Having not solved your problems in conversation pass on to the following.

2. Composition of written application addressed to the director of medical establishment.

The letter is prepared, following a general rule, in 2 copies: one copy is handed over to the secretary of chief physician; the second copy (remaining with you) a secretary indicates information on admission of this application (date, signature). By general rule, reply to your application must be sent out during the first month.

In your application you should deliver briefly the essence of the things you were not OK with and also your suggestion(s) for resolution of the conflict. Before writing such a complaint, try to find answers for yourself to the following questions:

— was there any violation by the medical establishment;

— if any damage was caused how much could it approximately «cost», etc.

If you are dissatisfied with the reply, then you may appeal to higher authority and/or to the court. In practice the second remedy is more effective.

3. Composition of a court claim.

Claims of this nature are free of charge. To compose a claim it is better to turn to a lawyer.

Who is the most appropriate to approach with such questions?

If you have questions regarding the relationship between a patient and the medical personnel, you should address them to:

• doctor in charge
• chief medical officer
• the Department of Health Care in your city
• justice agencies
• human rights organization.

Insurance procedure for foreigners, entering the territory of Ukraine[1]

Pursuant to the laws of Ukraine, citizens of Ukraine and foreign citizens (nationals of other states and stateless persons), who reside permanently in the territory of Ukraine, enjoy the right to a free-of-charge medical assistance. For all other foreigners the procedure for rendering medical assistance shall be established by the Cabinet of Ministers of Ukraine.

On 17 September, 1997 the Cabinet of Ministers of Ukraine passed Resolution N1021 (with amendments introduced pursuant to the consecutive resolutions of the Cabinet of Ministers of Ukraine N1926 dated 4 December, 1998, N35 dated 13 January, 1999, N555 dated 23 May, 2001 and N673 dated 26 June, 2001), which approved the Procedure for rendering emergency medical aid to the foreigners, who reside temporarily in the territory of Ukraine.

Pursuant to the Procedure for rendering emergency medical aid to foreigners, who reside temporarily in the territory of Ukraine, the obligatory availability of an insurance policy (certificate), that guarantees payment of an emergency medical aid cost, was established for foreigners and stateless persons, who reside temporarily in the territory of Ukraine. The said policy (certificate) should be purchased from the insurance company that shall guarantee the payment of cost of rendering of an emergency medical aid to a foreigner or a stateless person, residing temporarily in the territory of Ukraine, provided the said person is a holder of the foreign insurance company’s insurance policy (certificate).

The said Regulation shall cover no employees of diplomatic missions and consular offices of foreign states and members of their families in Ukraine, members of official delegations, arriving at the invitation of the President of Ukraine, the Cabinet of Ministers of Ukraine, the Verkhovna Rada of Ukraine and the Constitutional Court of Ukraine, the members of warship and auxiliary warship crews, the persons, who, in accordance with established procedure, have received a refugee status in Ukraine, and persons, who have applied for refugee status in Ukraine.

Should the effective international treaties of Ukraine establish other rules, the provisions contained in the international treaties of Ukraine shall apply.

The nationals of the Republic of Armenia, Republic of Azerbaijan, Republic of Belarus, Republic of Bulgaria, Czech Republic, Georgia, the Great Britain, Hungary, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Mongolia, Russian Federation, Tajikistan, Turkmenistan and of the Republic of Uzbekistan, international treaties of Ukraine with which envisage free-of-charge rendering of emergency medical aid, may have no insurance policy (certificate) as aforesaid.

No insurance policy (certificate) as aforesaid is required for the experts in the field of public health services of the People’s Republic of China, students, post-graduate students, persons sent for scientific specialization from the Democratic People’s Republic of Korea and Poland, organized tourist groups from Romania.

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[1] http://www.mfa.gov.ua/mfa/en/publication/content/1874.htm

SELF-DEFENSE AND PERSONAL PHYSICAL SAFETY

Unfortunately, the police sometimes fails to defend every person staying in the territory of Ukraine. Ukrainian law provides wide latitude to defend yourself on your own.

The Constitution of Ukraine declares that «a man, his life, health, respect and dignity, inviolability and safety are considered in Ukraine the highest social value» (art.3 of Constitution), and secures a right of everyone «to protect own life and health of other persons against illegal infringements» (art. 27 of the Constitution). This right is detailed in art. 36 of the Criminal Code of Ukraine, which establishes the concept, essence and qualities of a necessary defense as a non-criminal act.

To perform acts involved in self-defense, it is necessary to be aware of the legal provisions — because you are in legal terrain all the time anyway, and any action of yours even if perceived as right at first glance, may, now or later, be analysed in the light of the law. It is also possible that the exact lawfulness and accuracy of your acts become your last hope to determine the truth. That is why an act within the framework of law is not just an opportunity to defend oneself but also a chance to avoid negative consequences later.

According to p. 1, art. 36 of the Criminal Code of Ukraine «The necessary defense shall mean actions taken to defend the legally protected rights and interests of the defending person or another person, and also public interests and interests of the state, against a socially dangerous trespass, by inflicting such harm upon the trespasser as is necessary and sufficient in a given situation to immediately avert or stop the trespass, provided the limits of the necessary defense are not exceeded.».

Right to necessary defense occurs in the presence of two mandatory conditions:

• commitment by a person (a group of persons) of a socially dangerous trespass;
• necessity of its immediate prevention or stop.

Socially dangerous tresspass — are the acts of an individual already inflicting harm or constituting real and direct threat of causing such harm to the rights and interests of a person defending oneself (i.e. yourself), or of other person (who no matter why, does not perform the necessary defense or performs it with an insufficient effect) or of the whole society.

Under legally protected rights and interests, right to life, health, personal and sexual freedom, honour and dignity, inviolability of property and of course of possession in all its forms are understood to be part. As concerns protection of property, not only the attempt of its illegal occupation is meant but also damage, spoiling, destruction.

For necessary defense, it makes no difference whether a socially dangerous trespass is committed intentionally, carelessly or even without a fault. Socially dangerous trespass involves only active measures of a perpetrator — both with use of one’s physical force (infliction of bodily damage, attempt at suffocation), and with use of arms, any improvised means or occasional objects, mechanisms, devices or even animals (e.g. setting a big dog or threat to set it on or to unchain).

Quite often, a socially dangerous trespass is constituted in an attack of a person or group of persons. However, the phrase ‘an attack’ in itself is not exhaustive — in practice it may be an attempt of burglary, violation of dwelling, or assault due to the helpless state of a victim.

Furthermore, to defend rights and interests of a third person, no desire or consent of this person in realizing the need for defense is needed. In a situation where this person prohibits you from intervening, the law is on your side and you may act at your discretion, depending on circumstances.

According to the resolution of the Plenum of the Supreme Court of Ukraine №1 of 26 April 2002 «On Judicial Practice on Cases on Necessary Defense» a state of necessary defense occurs not only at the moment of socially dangerous trespass but also in case of a real threat of causing harm. This means that you need not to wait till a perpetrator, for instance, stabs you — you may begin active self-defense on your own. It is important not to be over-diligent, of course. If, on an unlit alleyway, two persons address you and ask for a cigarette, it is not considered a sufficient threat to merit a response of taking out a knife immediately and prevent a probable attack i.e. a threat of causing damage must be real and imminent. It is significant to consider the number of people, the intent of the aggressor, character of his/her acts, display of arms or other objects he/she might use violently.

The second element is necessity of immediate prevention or stop of a socially dangerous trespass. Self-defense is lawful only when it aims at prevention or stop (restraint) of a trespass presently taking place. This also means that either harm will be inflicted on an aggressor (to avert or stop his trespass) or harm will be caused by an aggressor to somebody’s life, health, property, public or state interests.

This also means that trespass must occur at the given moment and damage may be caused only to avert or stop it.

Necessary defense is brought into action by inflicting harm on an aggressor only — obviously, inflicting harm on a third person (e.g. to someone who is close to an aggressor) to avert the trespass is unlawful.

Defensive acts aim at protection of rights and interests — of your own, of any other person, of the public or the state. However, it is important that for recognition of self-defense, a lawful defense is not expected to have a successful outcome. Thus, if during self-defense you had inflicted harm to a perpetrator but still could not avert or stop his trespass, the self-defense will still be recognized as lawful.

P.2, art. 36 of the Criminal Code of Ukraine: «Every person has a right to necessary defense irrespective of the available opportunity to avoid socially-dangerous infringement or claim for the help of other persons or authorities ».

In connection with applying necessary self-defense, no one (including the law-enforcement agencies) has the right to hold against you the fact that you defended yourself and did not try to solve the problem by avoiding use of force. On the other hand, necessary defense is your right but not an obligation, so refusal to exercise your right implies no responsibility. There is an exception to this rule concerning some categories of workers but foreigners cannot hold these posts and thus it is not applicable to them.

As this is a right, you have no obligation to report personally committed acts of necessary defense to governmental or other institutions or officials. Yet, you could do this (calling police, for instance) with an objective of proper settlement of a probable criminal case that might be initiated in relation to socially dangerous infringement.

If you have caused an attacker serious damage, even if lawfully, and he/she risks serious ill health (e.g. to bleed or being unconscious, freeze to death), it is obligatory to render first aid and call an ambulance. According to Ukrainian legislation, it is prohibited to leave a man in mortal danger in a helpless state, and criminal responsibility is provided for in this act.

P. 3, art. 36 of the Criminal Code of Ukraine states: «The excess of necessary defense shall mean an intended causing of a grievous harm to the trespasser, which is not proportionate to the danger of the trespass or circumstances of the defense. The excess of necessary defense shall entail criminal liability only in cases specifically prescribed in Articles 118 and 124 of this Code.».

Excess of necessary defense — is its clear non-correspondent, non-proportional and inadequate character in relation to the danger of trespass or the magnitude of defense, for example:

§         while defending against trespass of comparably insignificant danger (e.g. grave violation of public peace), a defender intentionally caused serious bodily injury or death to a violator;

§         if a defender is aware of significant disparity of strength/capability in his/her favour as compared to a violator, but intentionally causes to him/her grievous bodily damage or death, that is clearly more damage than was necessary in this situation for prevention or stop of trespass.

Defense cannot exceed the limits of necessity. This case particularly is regulated by articles 118 and 124 of the Criminal Code of Ukraine — intentionally killing or causing grievous bodily damage is a case of exceeding boundaries of necessary defense. However, only exceeding the measures and intentional violent acts are referred here and not necessary defense as such.

To determine the presence or absence of qualities ‘exceeding’ boundaries of necessary defense, a judge must consider not only the proportionality of the means of defense, but also the character of the danger threatening a defender and the circumstances which could have influenced the actual correlation of forces, i.e.: place and time of attack, its suddenness, unpreparedness to repel it, number of attackers and defenders, their physical characteristics (age, sex, medical condition) and other circumstances.

It is important to differentiate necessary defense from imaginary one. The latter implies inflicting of damage under circumstances of no real socially dangerous trespass, i.e. when a person having incorrectly judged the acts of a victim, mistook the existence of such a trespass. In case of imaginary defense, the criminal responsibility for inflicted harm is excluded only under circumstances when the situation at hand implied presumption of a real trespass and there was no way for a person to realize the falsity of his/her presumption. The question: were there any circumstances for a person to infer mistakenly the actuality of a socially dangerous trespass is settled after consideration of the concrete circumstances of a case.

If a person in a situation at hand did not and could not realize the falsity of his/her own notion of the actuality of a socially dangerous trespass, and thus exceeded limits of necessarily applicable defense then his/her acts are classified as exceeding of measures of necessary defense. However, if a person did not realize but could have realized the absence of actual trespass, in this case his/her acts are classified as reckless cause of harm.

Issue of compensation for material damage caused by exceeding of measures of necessary defense should be addressed in accordance to the Civil Code of Ukraine. Considering concrete circumstances of a case, degree of culpability of a defender and of an attacker, the judge can rule for mitigation of material damages. Harm caused in condition of necessary defense without exceeding measures of the latter is compensable.

Citizens not belonging to the law enforcement agencies are allowed to use tear gas sprays, gas guns and rubber bullet weapons for self-defense. However, not everything in this list is available for the foreigners staying in Ukraine, and does not need the permission.

The easiest and the most convenient means of individual protection, due to a small size, is tear gas spray. If the attacker is affected, he will be neutralized for a few minutes. That will be enough to run up to the nearest crowded place and to call the police. An important advantage of gas sprays is their small size, allowing handy carrying, and foremost their invisibility.

Please remember that venting gas can have a big disadvantage as they are practically useless and even dangerous in opposing wind. Besides, they can only be used at a maximum distance of 2 m. If the distance is bigger, an attacker will feel almost nothing, and will have an additional motivation for dynamic actions. Furthermore, gas sprays shall not be used in a closed room in order to avoid neutralizing all the persons present, including you. Does not require a permit.

Another means of protection with analogous principle of operation is a gas gun. Effectiveness of this means is almost the same as of the tear gas spray. Gas gun is a ‘special means’, consequently a permit shall be obtained to buy it.

Air-guns in Ukraine can not be used as a means of self-defense, it is designated for sports and training shooting. But in a critical situation barely anyone will remember it. For purchase and carrying of air-guns with caliber of 4,5 mm and bullet speed up to 100 m/s, permit is not required. If this rule is not followed, such a weapon is equated to a hunting one. To purchase a hunting weapon for self-defense, a permit shall be obtained.

Non-weapons are items of service-utility, industrial, sports and other designation, which are similar to the cold steel arms in terms of appearance or design, although do not have a whole complex of essential features peculiar to cold steel arms. Classification of confiscated item is done by an expert according to such criteria as ‘designation to hit the aim’ and ‘ability to hit multilaterally’. Experts call to notice not only the blade fixation, but also the convenience of holding it in hand and safety of certain stabs as to strength and direction. Knives are usually divided into four categories: service-utility, touristic, hunting and the very same cold steel arms. Knives from the last category are always enumerated, and they may be bought only by hunters following production of a special permit, and moreover a mark about this purchase is made in hunting permit. In hunting shops an expert opinion is attached to every knife concluding whether a knife belongs to the cold steel arms or not. If there is no such conclusion, it is better not to buy such an item to exclude the possibility of problems with law enforcement agencies. It is recommended not to buy knives outside these shops, in order to avoid the same problems.

We do not recommend counting a lot on piercing, cutting and any other objects that may be used for self-defense, because handling them requires substantial skills. And in case of unskilled usage you can harm yourself.

The most effective means of defense among those authorized in Ukraine is rubber bullet gun. But only certain categories of persons can buy it, namely employees of the Ministry of Interior, courts, fishery supervision, prosecutor’s office, customs office, and in particular cases also their family members. Besides, in case of acute need, journalists as well, although they need to substantiate that they indeed need it. A permission is needed to make a purchase.

It is always necessary to remember that the best way to win the fights is by avoiding it. Even the most effective defensive means do not secure a successful outcome in a critical moment. Besides, any equipment can get out of order. Furthermore, it is necessary to learn how to use anything before starting to use it. And the most important: you should always be ready to repel an attack. Say, in case of a tear gas spray, it is worth learning how to get it in your hand quickly and to direct it effectively at a hooligan.

Ukrainian legislation sets forth that only Ukrainian nationals can obtain permit for purchase of hunting gun, rubber bullet gun and air-gun.

Thus, foreigners may use tear gas sprays, a knife (not belonging to cold steel arms) and improvised means for self-defense.

Means of protection	Conditions for purchase
Gas tear spray	Sold to all emancipated citizens
Gas gun	Production of permit for purchase of special means
Airguns	Sold to all emancipated citizens
Hunting knife	Sold to all emancipated citizens
Rubber bullet weapon	Sold to employees of law enforcement agencies, their family members, and journalists upon production of respective permit

FAR RIGHT MOVEMENT IN UKRAINE

The far right movement is a fusion of different social milieus on the basis of a radical right wing ideology and/or activism.

Influential advocates of radical right wing ideology:

Right-wing  public organizations and political parties (Interregional Academy of Personnel Management, national-patriotic organizations, youth organizations)

charismatic leaders (bands, subcultural environment)

foreign ultra-right groups (in the form of subcultural, public, personal influence)

Actors:

ultra-right organizations («Patriot of Ukraine«, Ukrainian National Labour Party, Blood & Honour)

groups of football hooligans

isolated groups

members of nationalist organizations or right wing political parties

Active groups

At present right wing violence is committed by:

• mainly 15-17 year old youths. Most violent acts are committed under the influence of alcohol, during or around football matches or other mass events. Their activity is confined to certain districts.

• organized groups of young adults of 18 years and over. These groups generally disguise themselves as ‘anti-antifascist’ activists with an accent on suppression of radical antifascist movement. The majority of these groups have close links with football hooligans as their members have previously been football hooligans or continue to participate actively in relevant football events.

Clothes

By now the better-known ‘skinhead’ style is a characteristic of novices among the Nazis. Radical far right activists have changed towearing casual style clothes — the clothes of football fans. They rarely put on their ‘dress uniform’ —  usually only on mass actions, marshes etc.

Basic symbols

The sun wheel ('kolovrat') is a swastika-type symbol widespread in the form of galloons, imprints on clothes, badges.

The nazi swastika is widespread in the form of tattoos, badges, graffiti.

The White power fist is widespread in the form of gallons, imprints on clothes, badges.

The Dead head (Totenkopf) is widespread in the form of tattoos, galloons, imprints on clothes, badges.

The Celtic cross is popular in the form of gallons, badges, graffiti. It is one of the most popular symbols.

The SS symbol is widespread in the form of gallons, tattoos, imprints on clothes, badges

Slogans

Slogans, which manifest xenophobic content or indicate neo-Nazi identity, are used in the form of «battle cries» or chants, as inscriptions or on flyers and stickers. They can be regarded as an intentional incitement to racial discrimination and therefore constitute a criminal act.

White power, White pride, WPSH, WPWW, NSWP

are the most widespread abbreviations. They occur on walls of buildings and on public transport.

Often they are used as «battle cries» before or during an attack.

Heil Hitler, 88, 1488, Anti-antifa

These three initial abbreviations are occurring more and more rarely.

Anti-antifa — this slogan is also used during an attack, mainly against antifascists.

Ukraine for Ukrainians, Migrants go away etc.

These are used mostly for banners, held up during demonstrations, other public actions. Recently they are often used for printed propaganda materials.

Activity heights

The most common time of attacks is after 19 o’clock in the evening.

During mass actions or football matches — an attack may occur at any time of the day.

The most dangerous cities in Ukraine are Kyiv, Ternopil, Lviv, Kharkiv, Odesa, Dnipropetrovsk and Simferopol.

Districts where the activity of ultra-wing groups is increased are bedroom communities in all cities and the suburbs: Obolon, Troeshchyna, Pozniaky in Kiev. The Greek square and the City garden are the places of the highest activity in central Odesa. In Ternopil and Kharkiv the most dangerous zones are near the dormitories of foreign students.

During mass actions or football matches the activity takes place in the central districts. In Kyiv these are Khreshchatyk and the subway stations: «Lev Tolstoi ploshchad», «Kontractova ploshchad», «Khreshchatyk», «Teatralna».

On certain days the activity in Kyiv takes place near «Lybidska», «Vokzalna» and «Petrivka» subway stations.

Surveillance and attack

Attacks are divided into spontaneous and planned.

In case of a spontaneous attack usually no one stands guard.

In case of a planned attack the area may be surveyed by the attackers from half an hour before the attack to 2-3 days of advance. Seriously planned attacks are preceded by preparations which can last 5 days or more.

Usually, 1 or 2 people stand guard during an attack. In most cases the «guards» also participate in the attack.

Groups of attackers use cell phones to coordinate their actions.

Most often group attacks happen in the districts familiar to the attackers and near public transport stops.

SAFETY TIPS IN CASE OF A RACIALLY MOTIVATED ATTACK

Violence and harassment against visibly identifiable minority representatives is a reality. It is never your fault if you are attacked or harassed. Victims are chosen accidentally. But there are things you can do to reduce the risk. Your primary consideration should be your personal survival.

Usually hate crime is committed by a group of young people. They may have been observed you for some time. There may be 3-10 attackers in casual clothes armed with knives, traumatic devices, airguns and knuckles. Girls may take the aggressive very often, provoking fight or attack.

Note: Nazi activists do not recognize themselves as perpetrators! They feel as if they were hunters. It is very important to hold out against this pressure and refrain from taking the part of chased person. Try not to play a passive role.

Also racist crime may be committed in a form of spontaneous mass violence by football hooligans or Nazi-novices. These groups are younger and may be under influence of alcohol. Beginners may wear similar clothes and heavy boots and show cowardly conduct one by one.

If you are at risk to become a victim of racially motivated crime:

Familiarize yourself with the basic principles of first aid. Particularly find out how to stanch a wound.

Have your identity papers (passport, student card) with you. Make copies of all your documents and keep them in safe place. Enter emergency (103), police (102) and community activists numbers in your phone.

Inform someone about where you are going and when you are expected to return.

Stay alert. Awareness is your best self-defense; know what is happening around you. Be especially careful if you are alone or have been drinking. Avoid walking drunk. Watch where you are going and what is going on around you.

Pay no regard to drunk and aggressive people, just ignore them. If people call you names, it is usually safer either to ignore them or to report them to the police or to someone nearby. Often the people calling these names cannot tell where you are from, so will probably confuse Japanese or Koreans for Chinese, for example, or Indians for Pakistanis.

Nazi girls most often may be defiant provoking fight or attack. If they do so take no notice of them, just ignore because any your reaction might be a signal to attack.

Be careful when you are striking up an acquaintance. If this person already has a companion it may cause a conflict.

Do not look fixedly on unfamiliar people but do not hide your eyes if someone is staring at you — it is a sign of weakness. Do not touch your companion striking up an acquaintance (keep distance).

Project confidence. Walk as if you know where you’re going. Stand tall. Walk in a confident manner, and hold your head up. Be confident — even if you don’t feel it. Be calm and do not panic. If you succumb to victimization, it will result in fatal consequences. Trust your instincts: if you think something is wrong then act on it.

Have your keys in your hand when you reach your home or car.

Plan a safe walking route. Use well-lit, busy streets. Keep a safe distance between you and others, and always have an out (somewhere you can turn to run if you feel threatened).

Know and avoid situations that could lead to crime — such as unlit parking lots, dark alleyways, passage undergrounds, backyards, bus stops etc. Know neighborhood danger zones and avoid them: pedestrian paths, along tall shrubs, walls and fences.

In bedroom communities courtyards, parks, any public places open round the clock could serve for assembly points for the Nazis too. For example, at Poznyaky Kiev district these are the supermarkets.

If possible do not walk alone at dangerous districts you badly know. If you are at such a district walk along a crowded and best illuminated street. Stand in crowded places. Go for a walk at daylight. Avoid walking alone when leaving late.

Try not to go out on street in time of football matches. Many football hooligan groups are identical with racist groups.

Move away from unsafe situations. Usually victims are trailed for some time. Perpetrators use cell-phones to communicate and can easily come across and surround a victim at any desired place. If you feel threatened or suspect something, walk into a supermarket or café and ask acquaintances to pick you up.

Be careful near a doorway. It is very important to ascertain the situation approaching it. If you see a group of suspicious people near a doorway it is better not to go in but to pass by and enter some crowded place, call friends.

While walking into a doorway glance back — most attacks happen at the moment of entering (exiting) through a door or just beyond it. Be extremely careful at a doorway and do not get into a lift with suspicious persons.

Be extra attentive while leaving your dwelling. Probably, the quarter of your community is itself a target of frequent attacks. Perpetrators may lay or hang about wait for somebody passing by your hostel or religious institution. If you have any facts go to your local police and/or university authorities with request of guard.

Walk with friends or a group. When you are out late at night, have a friend accompany you — don’t go alone. If you feel uneasy, trust your instincts and go directly to a place where there are other people.

Leave venues with friends wherever possible. But remember that perpetrators can gather a large group as well.

Your friends should be aware of possible danger too. It is advisable to prearrange your acts in case of an attack — as a group of 3 persons can stop an attack of an uncoordinated crowd of 10 when they are acting correctly and no one gives way to panic.

Take action if you feel threatened. Cross the street, change direction, run to a place where there are other people, or walk closer to traffic. Step out in the street on the other side of parked cars.

Keep money for taxis, the expense is worth it.

If you are being followed in a car, turn around and walk quickly in the opposite direction. Get the license plate number and a description, if possible.

If you are being followed on foot, turn around to let the person know that you have seen them. Immediately cross the street or run toward a place where you can find a number of people.

Slowing down of pace and quick U-turn toward the approaching group often has an effect against inexperienced bone-heads at distance of 3-4 meters. However, before darting you should evaluate correctly a probable attacker. People planning to attack will do it in any case, despite the fact that you have ran or turned around — these your acts may be additional signal to begin the attack.

Do not panic. It is necessary to stay calm and convict if possible that you are going to defend yourself in case of attack — take off your wrist-watch and put it in a pocket, fasten a jacket, take off gloves. If you carry a defensive tool (airguns, pointed/cutting objects, traumatic devices) it makes sense to relocate it in a convenient pocket in a sight of persuaders. [1]

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[1] Used sources of information: http://www.lambda.org/safety_tips.htm; http://www.awol-texas.org/safety.htm; http://www.weho.org/index.cfm/fuseaction/detail/navid/46/cid/1380/; http://www.ukstudentlife.com/Personal/Safety.htm#Racism; http://fs.hrworld.ru/index.php?option=com_content&task=view&id=31

Immediate Reaction Tips

WHAT TO DO IF YOU HAVE FALLEN VICTIM TO AN ATTACK ON THE GROUNDS OF RACISM

Immediate Reaction Tips

Shout loudly for help. Make as much noise as you can. Carry a whistle. If you feel threatened, blow your whistle, bang garbage cans, honk your horn, or shout to attract attention. Noise may be your most effective defense.

As soon as you can, go somewhere you know is safe. Move towards light, walk out of a subway. Run to elder women, the police or public place.

Get help immediately.

CALL POLICE 102! [1] if possible and try to let perpetrators realize that you’ve done so.

Try to stay out of arm’s reach of the attacker. Don’t let the attacker move you into an alley or car. Your best defense if the attacker persists is to scream and run.

Show resistance. Try to avoid physical confrontation, but when it is inevitable – stand up. Even an attempt of resistance stops a majority of attackers.

Fence your head and watch knives. If an attacker has a knife – don`t try to snatch it away. Keep your free hand near a throat and move not to find yourself in a corner.
You should move constantly and try to get behind the attacker`s back.

A person holding a knife or any other object most probably will fix on just using it. Take advantage of it. Most often blows by a bottle are stroke top-down. It is easy to avoid them. Knife stabs most often target face or belly. Knuckle blows are slower than usual and target head – do not expose it. Do not run off backwards – move to sides and do not turn your back.

Keep breathing and do not waste your strength – an attacker gets exhausted quicker and you will have a chance to counterattack or run away if you will not succumb to panic.

If there are some attackers do not let them encircle you. Choose the weakest person and break a circle through him/her – push out, run on.

Care for your clothes – they may seize it and knock you off your feet.

If you have suffered bodily injuries as a result of the attack:

Try to stanch a wound.

Call 103 for emergency ambulance[2], if you feel pain. Unfortunately, as a rule it takes some 40-60 minutes for a communal medical car to come. So, if you have serious damage it is better to call a private clinic ambulance[3].

Call your kin and friends, ask them to come to the place of incident or clinic. Also ask them to bring some money with them. Medical treatment in the private hospitals is provided on a fee paid basis (from 1000 UAH). Even if you have medical insurance or are in a state hospital, money might be needed to buy some medicine or some staple commodities.

Even if you don’t have medical insurance or money to pay for the treatment, state owned clinics/hospitals/trauma centers/ambulance are obliged to carry out an examination and provide you with emergency medical treatment free of charge.

Show a doctor all injuries. Agree to be hospitalized.

Even if you feel that you can handle the consequences of the bodily injuries on your own, it is nonetheless recommended to seek professional medical help. Symptoms of some serious traumas, which require immediate treatment, may appear only in some time when it may be too late to prevent drastic consequences.

(In the Directory of useful contacts attached to this publication, you will find a contact list of relevant medical institutions located in Kiev, which might be useful in such situations. See also section Right of Foreigners in Ukraine to Medical Care.)

Note! If the bodily injuries of a person who enter any medical institution have been caused by violence, the doctor is obliged to inform the police of this fact. This doesn’t necessarily mean that law enforcement officers will immediately come to talk to you at the medical institution you are being treated in. But be aware that this is possible.

If you have been attacked, don’t shower or change your clothes as it may destroy evidence. You can take pictures with a camera or a mobile phone camera of your injuries. Try to recall names, sex and number of perpetrators, their exact words, symbols, clothes and appearance.  (see section Documenting a crime). All this may be useful for the purposes of investigation of the crime committed against you.

Inform your embassy, parents and university about what happened to you.

If you are a witness:

• in an emergency, dial 102 (police) or/and 103 (ambulance);
• call for help, shout (mind that you have to be at a safe distance from the incident yourself). This may frighten off the perpetrators and save somebody’s life;
• stay alert and safe;
• don’t physically intervene, you could get hurt;
• as soon as you can, write down everything that you can remember about the incident;
• report the incident to the police.

Documenting a Crime

Documentation is needed to place all details in a non-controversial system and identify evidence of racial motivation of criminal acts against you. While preparing to describe the incident to the police, try to recall all details, expound and systematize them preferably in writing. This will help law enforcement bodies to better investigate the crime (committed against you or witnessed by you). This information may be helpful also for elucidating the motives of the crime and ascertaining them. Furthermore, it helps to find the perpetrators faster.

Time. Indicate the exact time of the incident. If you were followed before the attack, try to recall the timelines.

Victims. List all persons who suffered from the incident and indicate the damage done to them.

Perpetrators. Write down all information you can recall concerning the perpetrators:

Have you ever seen them before? In what circumstances? Are they unknown persons?

How many persons participated in each episode of the incident? Try to recall their sex and age.

Did they mention any names?

Did any of them have special peculiarities?

Give description of their appearance in details: headdresses, caps, clothes, boots, colors etc.

Signs.

Do you remember any specific symbols or designs?

Could you reiterate any words? They may be inscriptions, slogans, insults, threats etc.

Have you seen any specific gestures?

Objects. Name and personally attribute all objects involved in the incident (i.e. the instruments of crime)

Acts.

Characterize the tactics of perpetrators before, during and after the incident.

Name and personally attribute as many acts as you can (i.e. blows: by what to what part of body).

Classify all acts in a table determining time, place, perpetrator, instrument and part of body.

Describe your bodily harm and medical treatment you were given. Collect the certificates and receipts.

Have you lost any property? Was it taken by perpetrators or broken? List all objects, including documents that you lost as a result of the incident and appraise their value. Describe the objects in detail.

Background.

Have you or members of your community ever suffered from similar incidents before? Compare these incidents and elucidate the similarity. Do you consider members of your community vulnerable to such crime?

Have any similar incidents been committed nearby? Compare these incidents and elucidate the similarity.

Was there any context of the incident (argument, insults, other interaction)?

Had you been followed before the incident? In what way?

Witnesses. Did you see any witnesses? Suggest who might have seen the episode.

Motive. Try to consolidate all information and suggest possible motives for the attack. If you personally are convinced that the incident was racially motivated, insist that you opinion should be documented by the police when you report on the crime, as well as during all the stages of further investigation. Insist that your supposition regarding the motive of the crime be investigated, as well as be taken into account for the purposes of classification of crime. (see section Persecution of perpetrators: Legal Advice).

Professional help. Have you been refused law enforcement or medical help in relation with the incident? If yes, go back to the top of this list and document another incident.

Communicate the details of the documented incident to police (in the case referred to in the preceding paragraph, namely wrongful acts of the police officers — report to the prosecutor), as well as to the relevant NGO (List of the contact data of some MoI and Prosecutor’s Office territorial departments as well as a list of the organizations that can provide you with legal and other types of assistance, can be found in the Directory of useful contacts attached to this publication).

Reissuance of Lost Documents

To restore lost I.D. (or other legally significant documents), you have to report the loss (the incident as result of which the documents were lost) to the local police department (see section Report on Crime). The only legal ground for the reissuance of legally significant documents is the certificate on the loss of such documents issued by the police. The fact of the loss of documents may also be certified by the police in the resolution on the initiation of criminal proceedings on the ground of your report or the resolution on the refusal to initiate such proceedings. If the fact of the documents’ loss is mentioned in these resolutions, you can also use them to justify the reissuance of the documents.

If you are a citizen of a foreign country, address the Embassy/Consulate of the country of your nationality. Ask the Embassy/Consulate staff to reissue your ID, support your application with the copy of the certificate (resolution) on documents’ loss. After your ID is reissued by the Embassy/Consulate, submit an application for the restoration of the documents certifying the legality of your stay on the territory of Ukraine (registration) to the local MoI Unit/Department on Citizenship, Immigration and Registration of the Physical Persons of Ukraine (MoI DCIRPP of Ukraine) at your place of residence/previous registration. Support your application with a copy of the document certifying the loss of your I.D. issued by police. Submit also the documents certifying the legality of your stay in the territory of Ukraine.

In case you are a student of the Ukrainian University, address the Administration of the Department on work with foreign students (other department of your University responsible for the registration of the foreign students).

Practice shows that often foreign citizens encounter difficulties in the process of documents reissuance both in the Embassies and the Ukrainian MoI bodies. In this regard, we strongly recommend you to make copies of all pages of your I.D. (particularly the pages with Ukrainian visa, the entry stamp, all registration stamps) and other legally significant documents.

If you are a refugee or asylum seeker, inform the local partner NGO of UNHCR. Provide this organization with a copy of the certificate (resolution) on the loss of documents issued by police. If the document you lost was issued to you by the Migration Service Department, after you inform the UNHCR partner-NGO, address the Migration Service Department which is handling your case with the application to reissue the lost document. Provide the Migration Service Department with a copy of the certificate (resolution) on the loss of documents issued by police.

If you are a citizen of Ukraine, to reissue your passport, address the local MoI DCIRPP of Ukraine at the place of your residence registration with the application to reissue your document. Also provide a copy of the certificate (resolution) on the loss of documents issued by police.

Keep the original of the document certifying the loss of your I.D. (certificate on the loss of documents, or the resolution on initiation/rejection in initiation of criminal proceedings) issued to you by the police with you.  Don’t give it away.

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[1] Both from land-line phone and from the cell phone (supported by all mobile-connection operators on the territory of Ukraine.

[2] Both from land-line phone and from the cell phone (supported by all mobile-connection operators on the territory of Ukraine.

[3] Telephone numbers of some clinics, which operate emergency ambulance are provided in the Directory of useful contacts, attached to this publication.