Publication date: 08.02.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
After the sensational bill 10449, which wants to make significant changes to the rules of deferral from mobilization and responsibility for failure to appear in the military registration office, again increased the number of people who want to leave Ukraine. But is it so easy and is it possible now to leave Ukraine without appearing in TCC and SP and without registration of deferment? We will discuss in this article.
Is it possible now to leave Ukraine without deferment from mobilization and without a military ticket?
At this point in time, until the bill 10449 is passed, the law does not require documents from the military enlistment center to leave Ukraine. At the moment neither in the Law of Ukraine "On the order of departure from Ukraine and entry into Ukraine of citizens of Ukraine", nor in the resolution of the Cabinet of Ministers of Ukraine No. 57 of 27.01.1995r. "On Approval of the Rules of Crossing the State Border by Citizens of Ukraine" documents from the military enlistment office are not in the list of documents for departure.
But as we know, since December 29 last year almost all checkpoints have stopped letting people out of the border without documents from the military enlistment office and a formalized deferment from mobilization.
Although, of course, now this travel ban is illegal.
Still, if you try different checkpoints, do not stop in case of refusal, and try to leave through another checkpoint, you can go abroad without documents from the military enlistment center. The chances of that are not very high. But you can try.
But this is now. But if the bill 10449 is passed, then everything may change abruptly.
Changes to the rules of exit from Ukraine for men, bill 10449.
If the bill 10449 is passed, the requirement of documents from the military enlistment office to leave Ukraine will be legalized. And absolutely all checkpoints will stop letting citizens go abroad without these documents.
Bill 10449 is planned to amend Article 3 of the Law of Ukraine "On the Procedure of Departure from Ukraine and Entry into Ukraine of Citizens of Ukraine", in which it is planned to add that in case of martial law in Ukraine or in some of its localities, male citizens of Ukraine aged 18 to 60, who are on the military register or excluded from it in the prescribed manner, will be obliged to additionally present a military registration document with a note of placement on the military register or exclusion from the military register. This norm does not apply to employees of the system of diplomatic service bodies, members of their families.
I.e., if this change is adopted, then all men who are from 18 to 60 years old will be obliged when leaving Ukraine, in addition to other documents, to present a military ID card or a temporary certificate of the person liable for military duty with a note on registration or removal from the military register.
And that's all, there will be no more options.
At the same time, I draw your attention to the fact that there is no emphasis on deferment from mobilization, and here you need a military registration document.
That is, if you are registered in the military registration office, it turns out that it does not matter whether you have a deferment or not. But nowadays it will please few people, because many understand that if you go to the military registration office without grounds for deferment, you will be mobilized.
There are also a lot of nuances with the question of deregistration.
For example, if you were deregistered from the registry long ago, when the draft age was lower, then most likely this military registration document will not help you. Since you can be registered again before the age of 60. But this is a controversial point.
Also some people managed to be taken off the register as unfit in peacetime, but fit in wartime. And this is also a point on which there is a high probability that they will not pass.
In this article I told you whether it is possible now to leave Ukraine without appearing in TCC and SP and without registration of deferment and how this may be affected by the bill 10449. I will cover the rest of the issues in the next articles.
Border escort, border crossing, restrictions on travel outside Ukraine escort at the border, rules for men going abroad, whether it is possible to go abroad go abroad is actual question nowadays.
