1. Migration situation in Ukraine
The current migration situation in Ukraine was formed under the influence of
different political, socioeconomic, ethnic, internal and external factors. In general, it
remains rather difficult and sometimes the difficulties are becoming even more acute.
In the beginning of the 1990s Ukraine enjoyed a better, comparing to other CIS
states, economic situation. This caused a strong annual increase in the immigration
flows into Ukraine. Since the end of 1993 the tendency took the opposite direction.
Since 1994 the unfavourable balance in migration movements in Ukraine increased.
In 1995, it constituted 42.5 thousand people with the Baltic states and the CIS states
and 47.7 thousand people with far abroad states. In general, 1992 through 1995 1 233
640 people have entered Ukraine for permanent residence and 1 154 554 have left
Ukraine. The composition of migration flows is also unfavourable for the social and
demographic situation in the country. For example, ethnic Ukrainians are less than a
half of those entering Ukraine. At the same time Ukraine is losing highly educated
people who are able to work and have children. This negative migration tendency
coupled with a negative demographic tendency might result in dramatic
consequences. To prevent them the state has to do its best to develop appropriate
migration legislation.
Foreigners constitute a separate category of migrants in Ukraine. First, to this
category belong those who come from the countries of former Soviet Union, escaping
from armed or interethnic conflicts. Second, there are so called traditional foreigners.
The first category is mainly formed by the immigrants from Caucasian states, namely
Georgians, Azerbajdzans, Armenians and Chechenians. It is necessary to underline,
that only a few of them apply for refugee status. For example, in 1995 the total
number of these people constituted nearly 160 000.
Among them only 5 000 were asylum seekers, including 1 500 asylum seekers from
Chechnja. The others use different ways to obtain entry to Ukraine, become engaged
in trade, private business, and sometimes in criminal business.
During 1995, 6664 traditional foreigners came to Ukraine. In this period the state
authorities found 55 000 people who violated the rules of settlement in Ukraine. 219

2. of these were deported from the country. Since 1994, the UNHCR has registered in
Ukraine 4 500 asylum seekers, who have the intention of obtaining refugee status.
All this testifies clearly to the fact of extensive illegal migration in Ukraine. During
1995, state authorities arrested 9 421 illegal migrants and found 144 channels of
illegal migration. The respective authorities point to the organized international
mechanism of migration through Ukraine. Both legal (e.g. tourism, scholarships,
commercial activity, transit visas etc.) and illegal way are used for migration
business.
Some foreigners who illegally stay in Ukraine are closely linked to trafficking, to
drugs, to arms smuggling and to organized crime. They are often also of great
damage for the health of Ukrainian citizens.
Ukraine attracts some illegal immigrants by its geographical situation, as the
convenient point for the further migration westward. Others are attracted mainly by
the social situation in the country. Compared to other countries, they can spend
relatively small amount of currency and have satisfactory living conditions. So, the
improving of the socioeconomic situation might cause the increase of the interest into
Ukraine from the side of immigrants, and therefore will increase the immigration
flow into Ukraine, including illegal immigration.
The return of formerly deported people makes the migration situation in Ukraine
even more complex. 238 000 Crimean Tatars and 12 000 of Armenians, Bulgarians,
Greeks, Germans have already returned to Crimea. According to the predictions of
the Crimean authorities an additional 200-220 000 Crimean Tatars and several tens of
thousands of people of other nationalities might return to Crimea. The experience
with this category of immigrants shows that the problems of social (education, job)
rehabilitation of these people, as well as revival and developing of the ethnic clusters
are complex, long-term and expensive ones. We recognize that serious challenges in
this sphere cannot be met by the limited resources and experience of Ukraine alone,
without the support and assistance of international community. It also depends a lot
on the development of the legislative process, particularly from legal confirmation of
the obligations of the state to rehabilitate the rights of deported people.

3. Migration legislation in Ukraine is not appropriate so far for satisfactory regulation
and management of migration flows. For example, it is necessary to adopt as soon as
possible the Law of Ukraine About Immigration, as well as make necessary
amendments to the existing acts concerning the legal status of foreigners.
An acute problem for Ukraine is the codification of migration legislation. The
migration legislation of Ukraine is constituted by several legislative acts, prepared by
different organs, which do not always agree with each other. To our view, all
legislation on migration should be brought into one general Migration Act, as has
been done by other states.
Several state organs in Ukraine deal with different migration issues: Department in
the Ministry of Interior, Border Guard, Department in the Ministry of Foreign
Affairs, Department in the Ministry of Labour, Department in the Ministry for
Nationalities and Migration, Department in the Ministry of Chernobyl and so on.
Each organ covers a definite sphere, but does not at present always work in line with
the activity of the others. So, it is necessary to have appropriate co-ordinating organ
to bring the activity of each department into conformity with the others.
It is also necessary to elaborate a general state programme, dealing with all categories
of migrants existing in Ukraine, and in line with international norms and standards as
well as relevant international obligations in the field of migration.
The last two years have revealed that emigration is another acute problem for
Ukraine. To some extent different aspects of the emigration processes are in the
sphere of activity of the Ministry of Labour, Ministry of Statistics and the Ministry of
the Interior. However, none of the state organs provides a full analysis of emigration
situation.
According to approximate estimates, only 15-16 per cent of the foreigners with
indefinite status have the intention of legal settlement in Ukraine, and thus are
registered and supervised by respective state organs.
The State organs dealing with migration encounter significant difficulties, in
particular inadequate financial support, lack of trained personnel and so on.
Inadequate financial resources coupled with lack of trained personnel delayed the
implementation the Law of Ukraine About Refugees.

4. Being adopted in December 1993 is implementation started only in January 1996.
However, the new legislative, political social, economic and ideological aspects of
the migration process are leading to a strengthening of the efforts of the state to cope
with them, and this is a hopeful sign.
Volodymyr B. Yevtoukh
Minister
Ministry for Nationalities and Migration