From February 24, 2022, after the start of a full-scale war, restrictions on travel abroad were introduced for Ukrainian citizens, especially for men of conscription age. However, there are exceptions that allow individual citizens to leave the country legally. The lawyer explained what you need to know and how to properly prepare for crossing the border in order to avoid misunderstandings with border guards.
Decree of the President of Ukraine No. 64/2022 states that during the martial law, conscripted men aged 18 to 60 cannot leave the territory of Ukraine, as mobilization continues. UNIAN found out who became an exception and how it is now possible to cross the border for those who do not want to be affected by mobilization.
Former deputy of the Kyiv regional council, lawyer Roman Simutin exclusively told UNIAN about the intricacies of the procedure.
Who has the right to go abroad now?
In order to safely and legally cross the border of Ukraine, it is important to know not only about the age at which you can go abroad, but also about the ways in which it can be done. Age is not so important here - during mobilization events, men under 18 and over 60 can move around the world. According to the expert, in order to go abroad, first of all, a person must have a certificate from the TCC about the granted postponement of mobilization.
For all other age categories, the grounds specified in part. 1 Art. 23 of the law on mobilization, in particular, the following:
- athletes - for competitions;
- artists and other cultural figures - on tour;
- through the "Shlyah" system - as drivers of humanitarian cargo, but it is very difficult to leave in this way - those who were entered into it a long time ago have the most chances to cross the border;
- single parents - provided the mother dies and there is no second marriage;
- parents with many children - with documents confirming the fact of child maintenance, with a deferment from the TCC and without alimony debts;
- scientists, teachers and civil servants - on business trips;
- accompanying citizens for parents who need constant care or have group I-II disabilities;
- parents who have a child with a disability.
Can a student go abroad? Yes, if he studies full-time, is a participant in the academic mobility program and is not considered a conscript. All students who wish to leave Ukraine must have a bachelor's or master's degree in any specialty from any pharmaceutical, medical or veterinary university of the country.
However, Simutin emphasizes that it is very difficult for students aged 18 to 22 to leave the country.
Can a booked employee go abroad?
Current draft laws and resolutions of the CMU agree that any employee with armor from the enterprise can leave the country. There can be two reasons - a business trip or a return vacation. A reserved employee cannot stay abroad longer than the period specified in the assignment letter.
An up-to-date military registration document with a bar code in written or electronic form, a leave order or travel documents, documents confirming the right to reservation - this is what is needed to go abroad with this status.
How to leave abroad with a delay
Few of the conscripts know for sure whether it is possible to go abroad with a deferment, if it is obtained on legal grounds. According to the legislative norms of Ukraine, it is clear that postponement of mobilization is not a reason for leaving the country. This document can only postpone the term of conscription to a later one. Even if there is a postponement, other documents must be attached to it, which the border service will consider a valid argument for letting a person through.
How can a husband leave abroad legally - a lawyer's answer
Simutin gave two examples of men for whom it is easiest to leave the country in the current reality. According to him, these are people with disabilities and those who are unfit for service with exclusion from military registration.
If a person has lost Ukrainian citizenship or has reached the age limit for being in the reserve, and is also unfit for military service, he may be excluded from military registration - is it possible to go abroad in this case? Yes, but he must have a military registration document confirming this.
Those over 60 do not need a military registration document, such a person can cross the border with a passport. Persons without citizenship of Ukraine can also leave the country if they present a passport of another state.
