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Publication date: 17.01.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
Crossing the border of Ukraine now more than ever has become an urgent issue for many, especially after the publication of bills 10378 and 10379 from Bezugla, which are planned to make significant changes in the law on mobilization.
- As a result, under the New Year many people tried to go abroad, but not everyone succeeded.
- The situation is unstable, someone leaves without documents from the military enlistment office, someone requires them.
- And in this article I will try to explain to you the latest changes in the rules of exit from Ukraine.
What changes were made to the legislation about crossing the border of Ukraine at the end of the year
- As many people have already heard in my videos, until the end of 2023 documents from the military enlistment center for leaving Ukraine were not needed.
- And if you had grounds for departure, you could leave Ukraine regardless of whether you had a deferment from mobilization or not, whether you went to the military recruitment office or not.
But on 29.12.2023 everything changed abruptly.
On 29.12.2023 at 20:00 at the border of Ukraine with Poland actually stopped to let out of Ukraine those who do not have documents from the military enlistment office and a formalized deferment from mobilization.
And they stopped to let out both disabled people of any group, who were not 60 years old, and their accompanying persons.
Then on 30.12.2023 the situation at the border became a little calmer. And they began to let some people through without a military card and a formalized deferment from conscription.
But I cannot say that everyone has returned to the old rules and documents from the military enlistment office are not needed again.
As of today, the statistics is about 50:50. Some people are released at the border without documents from the military enlistment office and a formalized deferment from the army, and some are not.
And it is impossible to predict in advance what part of the statistics you will fall into.
For example, recently my husband, accompanied by his wife, a disabled person of the 3rd group, was released abroad without formalized deferment from mobilization, but my son, accompanied by his father, a disabled person of the 2nd group, for some reason did not want to be released without deferment.
- And both of these situations occurred when crossing the border of Ukraine-Poland.
- There are also directly opposite examples.
- And it is difficult to understand the logic of border guards here. It's just the human factor. Some are lucky and some are not.
- At the same time, we would like to understand from a legal point of view, what has changed in the legislation on leaving Ukraine.
- And we all remember that all the basic documents that are needed in most cases to leave Ukraine, we have prescribed, as a rule, in paragraph 2-1 of the CMU Decree № 57 of 27.01.1995. "On Approval of the Rules of crossing the state border by citizens of Ukraine".
So what has changed in these Rules at the end of 2023?
- The answer is nothing. And absolutely nothing.
- All the rules of departure remained the same, the grounds for departure also remained the same, and the list of documents required for departure has not changed.
- And so far the State Border Service has not issued any order or normative act that would make any changes to the exit rules.
- There are no documents on changes at all.
- The only thing that I managed to see was again some pisulka in Facebook.
- It said, and in a rather illiterate form, that now everyone has to get a deferment from mobilization in order to leave.
Why do I say in an illiterate form? Because, first of all, the Facebook post is not a normative act and cannot cancel the provisions of the law.
- And secondly, in listing the categories of persons to whom it applies, in general, the employees of the State Border Service committed a gross violation of the current legislation and their powers.
- In the categories of persons who should receive a deferment, it is written "fictitious marriages".
- And I have a question, how could an employee of a state body afford to publish such a thing?
- And what does he show by this, except his complete illiteracy?
- In general, this is a blow to the prestige of the State Border Service as such, in my opinion.
Who is such an employee of the State Border Service to decide whether a person's marriage is fictitious or not?
- On the basis of what documents he makes such a conclusion.
- Maybe he is a civil registry office and makes a record in the register of registration and annulment of marriage registration.
- Or maybe he has the authority of the judge to issue a court decision to recognize the marriage as invalid.
- After all, we all know that the statement that a document is fictitious, fake, must be confirmed by a court decision on this, or the decision of the body that issued it, that this document he did not issue or that, for example, such a marriage certificate is fake and in the registers are not listed.
- In general, we all observe a massive violation of human rights and abuse of power by an employee of the State Border Service.
- And it is also formalized as a Facebook post, which seems to be becoming fashionable.
Exit of men from Ukraine today, what to do if you are rejected
- As I said above, so far the statistics is about 50:50, someone is let through at the border without documents from the military enlistment center, and someone is not.
- So what should you do if you fall into the 50% who are not allowed to pass.
- To begin with, answer that you have a full list of documents for departure according to paragraph 2-1 of the CMU Resolution No. 57.
- And that in this resolution in the list of documents for departure there are no documents from the military enlistment center.
- You can even show the border guards with your finger the paragraph that refers to departure on your grounds.
- And do not give in to provocation. Talk from a position of strength, if you really have a full list of documents for departure and you are illegally not allowed to pass. It is not you who are breaking the law, but they.
- At the same time, there is no need to be aggressive. Talk with restraint and coldness. Knowing your rights.
And if you are not let through, turn around and at least on the same day leave by the same documents through another checkpoint.
- There are a lot of reviews now, where people left with the 2nd or third attempt, just driving from one checkpoint to another.
- So don't be afraid to try. Sometimes it is the only way to leave.
- And in case of total lawlessness. If it happens. It happens very rarely.
- But in isolated cases it happens. As they say 1-2% probability that it will happen, but still there is a small probability.
- If at the border there is a clear lawlessness and call of TCC employees, you should know that you are not obliged to wait for them at all.
- And even more so to go somewhere with them. Turn around, leave, and preferably at least audio-record all these illegal actions, if any. And then flood all employees with complaints.
If any SBU or police officers try to charge you with something, sign everything you do not agree with with the words "I do not agree".
- And demand copies. Talk to them coldly, from a position of strength.
- And inform them that if they have any claims against you, they should call you for questioning with a summons and you will come with a lawyer.
- And without a lawyer you refuse to talk to them at all and let them stand on their heads.
- Well, if you say I am afraid, I do not want to risk and how do I leave, the answer is one - make a deferment from mobilization, take a military ticket, deferment, and only then leave.
- Almost everyone who had a full list of documents for departure and a deferral from mobilization is allowed to leave without problems.
Departure on a white ticket completely unfit for military service
As of today, such statistics is observed.
- All those who have a record in the military ticket that he is excluded from military registration on the basis of the 402 order are not allowed to pass. And they are denied exit.
- But all those who have a record in the military record that he is excluded from military registration on the basis of paragraph 3 of part 6 of article 37 of the Law of Ukraine "On military registration". 6, Part 6, Article 37 of the Law of Ukraine "On Military Duty and Military Service" are allowed.
- You will ask, and what is the difference? After all, it is the same thing, the same reason for leaving on the basis of complete unfitness for military service on the basis of the conclusion of the VLK?
Yes, it is indeed so. I completely agree with you.
But today the statistics is like that and I can't do anything about it.
In this article I told about the main changes in the rules of crossing the border of Ukraine now.
Border escort is good thing now when you are border crossing, temporary restriction on the right to travel outside Ukraine had strict rules for border crossing rules for men and you need to know what documents are needed to cross the border.
