and fulfillment of their vital needs (water, food, sleep, contact with the outside world
etc.).
For instance, Kyiv and Lviv international airports have no conditions for
sufficient night rest of persons denied entry. The latter often await return flights during
one or several days. Regardless of their age and sex, they only have the possibility to
stay at general seating of the departure area. Mothers with children suffer the most from
these conditions since the state does not provide them with the possibility to use
premises for mothers and children free of charge.
Foreigners denied entry have no way of topping-up their mobile phone accounts
to make calls since there are no such terminals at the departure areas.
The departure are has no points to exchange currency for the purchase of
personal items at the outlets (duty-free stores).
There is an ongoing issue related to numerous denials of entry into Ukraine based
on the results of questioning by officials of the Border Guard Service.
For instance, statistics on performance of the border unit at Lviv international
airport during 9 months of 2014 shows that following interviews Lviv border guard
officials denied entry predominantly on the grounds of failing to confirm the purpose
of visit to almost half of all foreigners who were denied admission. The State Border
Guard Service command is not concerned with the fact that often such interviews take
place with significant obstacles to communication without qualified interpreters or
access to legal aid.
According to the head of the border control unit at Lviv international airport,
interviews with foreigners for qualifying the purpose of visit and availability of funds
for the period of stay and return are conducted based on the risk assessment in
accordance with the Law of Ukraine “On Border Control”, decrees of the government
and other regulations of the agency.
However, the said law and statutory provisions do not contain clear criteria of
risk assessment that justify denial of entry into Ukraine on the above grounds.
In the Commissioner’s view, the lack of clear criteria for justified decision
that denies crossing the state border creates room for violations of human rights
and freedoms, in particular, the freedom of movement.
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