Establishment Of Procedure For Ensuring Alien’S Obligation To Participate In Proceedings, As Well As List Of Costs Recoverable From Persons, And Rates Thereof


Published: 2011-01-01

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Establishment of procedure for ensuring alien’s obligation to participate in proceedings, as well as list of costs recoverable from persons, and rates thereof

Passed 11.07.2010 Annex 19
RT I 2010, 61, 433
Entry into force 01.10.2010
Amended by the following legal instruments (show)

Passed
Published
Entry into force

09.11.2010
RT I, 25.11.2010, 3
01.01.2011

The Regulation is established under Subsection § 282 (5) Subsection 284 (6) and Subsection 292 (6) of the “Aliens Act”.

Chapter 1 ORGANISATION OF PARTICIPATION OF ALIEN IN PROCEEDINGS 

§ 1.  Commencement of search

In the event that an alien fails to appear at the location of the administrative authority when summoned by the administrative authority, the administrative authority may commence a search of the alien.

§ 2.  Conducting search

For the purpose of conducting a search of an alien the administrative authority may publish on its official website, in the official publication Ametlikud Teadaanded or in a national daily newspaper, the personal data of the alien, as well as the data pertaining to his or her search, detention and compelled attendance to the extent that this is required for the performance of his or her obligation to participate in the proceedings.

§ 3.  List of information published upon search

The following information shall be published in the case of a search of an alien:
1) the personal data (given names, surname, former surnames, date of birth, Estonian personal identification code, sex, citizenship);
2) information pertaining to the type of proceedings;
3) information pertaining to the obligations imposed by the administrative authority;
4) the caution regarding detention and compulsory attendance in the event of failure to appear before the administrative authority.

§ 4.  Formalisation of detention and compulsory attendance of alien

Upon detention and compelled attendance of an alien the administrative authority who detained the person shall execute a detention report. The report on detention of a person shall set out:
1) the place and date of executing the report;
2) the name and address of the authority preparing the report, the official title, given name and surname, the telephone number and electronic mail address of the official executing the report;
3) the given name and surname of the alien, his or her personal identification code, citizenship, date and place of birth, the number of the identity or other document, the issuer and the place of issue thereof;
4) the date, time, place and legal basis for detention;
5) the description of clothes and footwear of the alien, and information on his or her external physical injuries;
6) the list of items taken from the alien upon his or her detention, and their attributes;
7) the list of items used upon detention, and the reason for using the same.

§ 5.  Termination of search

The search of an alien is terminated upon the lapse of the need for the search.

Chapter 2 RECOVERABLE COSTS 

§ 6.  List of recoverable costs

(1) The following costs connected with the search, detention or compulsory attendance of an alien may be recovered from the person bearing such obligation under the Aliens Act:
1) the costs stemming from the stay in the official premises of the Police and Border Guard Board, or in the police detention house;
2) the transport and escorting expenses;
3) the administration costs;
4) other costs.
(2) The following costs connected with the stay of an alien in Estonia, and with the departure of the alien from Estonia may be collected from the person bearing such obligation under the Aliens Act:
1) the accommodation expenses;
2) the catering expenses;
3) the medical care and treatment expenses;
4) the transport expenses;
5) other costs.
(3) The following costs connected with the compulsory execution of the alien’s obligation to leave may be collected from the person bearing such obligation under the Aliens Act:
1) the costs stemming from the detention in the expulsion centre or the police detention house;
2) the transport and escorting costs;
3) the costs of tickets for transporting the alien to the receiving country;
4) the cost of escorting the alien to the receiving country, and the cost of tickets of the escorting persons;
5) the medical care and treatment expenses;
6) the administrative expenses connected with organising the expulsion;
7) the costs for organising care for a person close to the alien, needing assistance;
8) the costs for organising supervision over a minor child of the alien;
9) other costs.
(4) An alien who fails to fulfil the co-operation obligation or otherwise acts in the proceedings in bad faith may be obligated to recover the costs borne in connection with performing of procedural acts and collection of evidence.

§ 7.  Rates of recoverable costs and procedure of calculation thereof

(1) The person bearing such obligation under the Aliens Act shall compensate the State for the costs of participation in the proceedings, the costs connected with the search, detention and compulsory attendance of the alien, as well as the costs connected with the stay of the alien in Estonia and his or her departure from Estonia, inter alia, the costs connected with the compulsory execution of the alien’s obligation to leave, which were borne on behalf of the alien by the administrative authority, to the full extent of the actual costs borne.
(2) The rate of costs recoverable for detaining an alien in the official premises of the Police and Border Guard Board, in the expulsion centre or in the police detention house is 12.78 euros for every calendar day of stay in the official premises of the Police and Border Guard Board, in the expulsion centre or in the police detention house, which is inclusive of the costs of bedding, catering, the use of the sauna, bath or shower, and basic toiletries.
[RT I, 25.11.2010, 3 – entered into force 01.01.2011]
(3) The first and the last day of the stay of the alien in the official premises of the Police and Border Guard Board, in the expulsion centre or in the police detention house shall be deemed calendar days referred to in Subsection (2) hereto, regardless of the time of placing the alien in the official premises of the Police and Border Guard Board, in the expulsion centre, or releasing therefrom.
(4) The recoverable rate of the costs for transporting and escorting the alien is 0.06 euros per one kilometre.
[RT I, 25.11.2010, 3 – entered into force 01.01.2011]

§ 8.  Payment of recoverable costs

(1) The administrative authority shall present copies of the documents evidencing of the costs, along with the claim for voluntary compensation for the costs, to the person bearing such obligation within two weeks as of the date that the cost was borne.
(2) The person obligated to compensate for the costs shall transfer the costs borne by the administrative authority by a bank transfer to the bank account indicated in the claim on compensating for costs, within one month as of the date of receiving the relevant claim.
(3) On the basis of a grounded application of the person obligated to compensate for costs the administrative authority may extend the deadline referred to in Subsection (1) hereof for three months.

Chapter 3 IMPLEMENTING PROVISIONS 

§ 9.  Entry into force of Regulation

The Regulation shall enter into force on 1 October 2010.

Related Laws

2013 Aliens Act
2013 Aliens Act
2013 Aliens Act
2013 Aliens Act
2013 Aliens Act
2015 Aliens Act
2015 Aliens Act
2015 Aliens Act
2017 Aliens Act