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. 144

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