| 23 December 2009 Migration trends that have taken shape during the past 10 years show that Ukraine is actively involved in global migration processes. Irregular migrants travel across the territory of Ukraine on their way to the countries of Western Europe. Hence, the press conference attended by Deputy Minister for Internal Affairs V. Marmazov focused on the issues of migration policy and the Readmission Agreement concluded between Ukraine and the EC. According to Mr. Marmazov, lack of control over migration processes poses a significant threat to Ukraine’s national interests. Therefore, such processes need to be managed effectively by the government in order to preserve as much of the country’s labor and demographic potential as possible. On June 18, 2007 in the city of Luxembourg following the order by the President of Ukraine ‘On signature of the Agreement between Ukraine and the European Community on Readmission of Persons and the Agreement between Ukraine and the European Community on the facilitation of the issuance of visas’ Ukraine signed the Agreement on Readmission of Persons which sets forth the mechanism and procedures for readmission and transfer of persons who are irregularly present in the territory of the states-parties to the present Agreement. - This Agreement has been ratified by the Verkhovna Rada and entered into force last January, in fact it’s been working for two years now. However, the provisions of the article of this Agreement covering transfer by Ukraine of third country nationals will enter into effect on January 1, 2010. This means that up until now the Agreement provisions applied to Ukrainian nationals. In this regard the Ukrainian competent authorities, namely the Ministry of Internal Affairs of Ukraine and State Border Guard Service of Ukraine, are expected to start receiving applications from representatives of the European states for readmission of the persons who entered the territory of the EC coming from the territory of Ukraine or who are presumed to have come from the territory of Ukraine. In particular, Mr. Marmazov noted that the Agreement sets forth the procedures for identification and secure and organized return of the persons who have violated the conditions of entry and stay in the territory of Ukraine or one of the EC member states. The Agreement provisions stipulate the obligations of Ukraine and EC member states with respect to readmission of their own nationals who have violated the conditions of entry and stay in the territory of Ukraine or EC member states, as well as with respect to readmission of third country nationals and stateless persons provided that evidence is furnished, in accordance with this Agreement. - Naturally, this is a long process and therefore the competent authorities of Ukraine will make their consideration. Such persons shall be readmitted to Ukraine only upon Ukraine’s consent to readmit them, - noted Mr. Marmazov. - In case the evidence is furnished that this person is an illegal migrant he or she will be placed to a migrant accommodation center to carry out identification and make a decision about his future. The Agreement envisages the obligation on the part of the EC to provide financial resources in order to support Ukraine in implementation of the Agreement. To this end a particular emphasis will be made on capacity building (development of accommodation centers for irregular migrant). The focus will be on implementation of technical programs within the framework of the European Community’s financing instrument for development cooperation. Essentially, readmission is about transfer from the territory of one country and admission to the territory of another country of the persons who had irregularly entered the countries where they were apprehended and identified as illegal migrants, as well as about return of such persons to the countries of their nationality or permanent residence. The said Agreement does not impose unilateral obligations, nor does it demand that Ukraine should readmit irregular migrants. International law and practice of bilateral agreements rely on the principle of equality of the parties, which implies uniform conditions for all parties to the Agreement and mutual respect among the partners. Taking into account the above-said, the Agreement contains provisions which sets forth the principle of return of third-country nationals and stateless persons to their countries of origin or permanent residence, and not to the transit countries. Taking this into consideration, the competent authorities of Ukraine will take extensive measures to verify that the competent authorities of the EC follow the said principle. Moreover, in order for the competent authorities of Ukraine to consent to readmission of a third-country national to the territory of Ukraine the member state of the European Community requesting readmission of such national is required to furnish evidence that it has complied with all the conditions under this Agreement. Besides, the competent authorities of Ukraine can verify at various levels the means of evidence on the basis of which the other party to the Agreement has proven or established nationality of the persons subject to readmission, as well as proven the fact of the transit travel through the territory of Ukraine. - This is the mechanism of regulation of irregular migration. This phenomenon is wide-spread in the modern world and Ukraine is special being the crossroad of migration flows. It is clear that regardless whether we have the Agreement with the EC which is implemented in practice and will start working next January, Ukraine and the appropriate authorities must carry out implementation of the migration policy relating to fight against irregular migration and readmission, - noted Mr. Marmazov.
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