Legalization of Volunteers in Ukraine

1. Volunteer movement in Ukraine: legalization of the foreign citizens` participation By ExpatPro Law Firm

2. Foreign Volunteers in Ukraine in 2023 Foreign citizens have always actively helped Ukraine in various spheres and were widely involved in the Ukrainian volunteer movement, which has now become especially important due to the full-scale armed aggression of the Russian Federation against Ukraine. That is why it is important to consider the issue of organization of the activities of foreign volunteers in Ukraine and their legal integration into the Ukrainian volunteer movement. Foreigners citizens can volunteer through non-profit organizations registered as legal entities in Ukraine and included to the list on the website of National social service of Ukraine. Therefore, the organization must meet the following criteria: • – Registered as a legal entity in Ukraine; • – Listed in the register of non-profit organizations; • – Included in the list of the National social service of Ukraine (here – NSSU).

3. How can foreigners be volunteers in Ukraine? Foreigners can carry out volunteer activities through those organizations and institutions that involve volunteers in their activities, information about which is available on the official website of the central executive body that implements the state policy in the field of volunteering. Such a body in Ukraine is the NSSU. Organizations that have the right to involve volunteers in their activities and information about which is published on the official website of the NSSU have the right to invite foreigners and stateless persons to carry out volunteer activities in Ukraine. Such an invitation is necessary for a foreign citizen to obtain a long-term visa type D and consequently obtain a temporary residence permit. Organizations and institutions that involve foreigners and stateless persons in volunteer activities have special responsibilities in the field of migration, namely: • within 5 business days from the start of the volunteering activities of the specific foreigner, inform the NSSU in writing. • within 5 business days from the date of the termination of such activities, inform the State Migration Service of Ukraine.

4. Legalization of foreign citizens – volunteers in Ukraine Foreigners and stateless persons who are legally residing in Ukraine and have legal capacity are allowed to become volunteers. The law provides for the right of volunteers to proper conditions for volunteering, provision of special protective equipment, reimbursement of expenses related the implementation of volunteer activities, including the costs of obtaining a visa, travel, postal and telephone services, medical examination, vaccination and other medical and preventive measures directly related to the provision of volunteer assistance. Foreign citizens who carry out volunteer activities can stay in Ukraine legally within the established terms of stay for states with visa-free entry regime/within the period specified by visa for states with visa entry, and under a temporary residence permit. In order to obtain a temporary residence permit, a foreigner must obtain a long-term visa type D (D-10), which indicates the grounds for future stay – volunteering in Ukraine. • Contact us for a consultation about residence permits for volunteers in Ukraine.

5. About visa D-10 The purpose of stay in Ukraine for the visa D-10 obtaining is: • participation in international and regional volunteer programs or • participation in the activities of volunteer organizations. The participation of a volunteer organization in the process of legalization of a foreigner on the territory of Ukraine is required both at the stage of forming a package of documents for the visa obtaining, and at the stage of submitting documents for obtaining a temporary residence permit. A temporary residence permit is issued for one year and could be extended if there are grounds for that. Contact us to know about necessary documents for obtaining a temporary residence permit in Ukraine.

6. Registration of a public formation in Ukraine for volunteer movement The most common types of public formations that can be used for volunteering are non-governmental and charitable organizations. An NGO may act in the form of an organization or a union. The formation of an NGO is carried out at the constituent meeting of its founders and is documented with the minutes of the association. Within 60 days from the date of the meeting, the NGO must be registered according to the respective law. The minutes of association and charter do not require notarization. For registration, you need to submit to the state registrar at the location of the public formation: application, minutes of association, charter. After the state registration of a legal entity, the registration application and copies of the constituent documents, certified by the signature of the head or representative of such organization, must be submitted to the State Tax Service for assignment of the non-profit status. The application for registration of a legal entity as a non-profit may be submitted simultaneously to the state registrar as an annex to the application for state registration of the establishment of a legal entity. Contact us for a consultation about establishing a public formation in Ukraine.

7. How to obtain the non-profit status for a public formation in Ukraine? To define organization as non-profit, certain criteria must be met, namely: • the constituent documents of such an organization must contain a prohibition on the distribution of income (profits) or part thereof among the founders (participants), members of such an organization, employees (except for remuneration of their labor, accrual of a single social contribution), members of governing bodies and other related persons; • the constituent documents of the organization provide for the transfer of assets to one or more non-profit organizations of the corresponding type or inclusion in the budget revenue in case of termination of such a legal entity (as a result of its liquidation, merger, division, accession or transformation). Contact us for a consultation about establishing foreign non-governmental organizations' offices in Ukraine.

8. Activities of branches or representative offices of foreign non-governmental organizations Volunteer activities can also be carried out through the branches, departments, representative offices and other structural units of foreign non-governmental organizations. State registration in Ukraine of a separate subdivision of a foreign non-governmental organization, representative office, branches of a foreign charitable organization is carried out through its accreditation without acquiring the status of a legal entity. The documents specified by law are submitted for registration to the Ministry of justice of Ukraine. Documents issued by the foreign state must be legalized (consular legalization or apostille) and translated into Ukrainian with notarization. Contact us for a consultation about establishing foreign non-governmental organizations' offices in Ukraine.

9. About authors of this presentation EXPATPRO is a leading boutique law firm in Kyiv that focuses on immigration to Ukraine and offers personalized, top-quality legal services for expats. Our clients are foreign individuals, businesses and investors pursuing business, employment or personal opportunities in Ukraine. Through comprehensive knowledge of legal, political and business areas, our migration experts will walk you through the jungles of Ukrainian law. Originally posted article: https://www.expatpro.co/blog-en/volunteer-movement-in-ukraine-foreign-citizens-participation/ Contact us: • https://www.expatpro.co/contacts/