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IS DELAY FOR CROSSING THE BORDER MANDATORY - LEGAL ADVICE

During martial law, travel restrictions for men aged 18 to 60 have been established. However, this ban is not absolute, and some categories of men can cross the state border if they have the appropriate documents. There are often various contradictions and misunderstandings regarding exactly what documents you need to have when leaving, and it is also important to understand whether it is necessary to officially issue a postponement of mobilization and in what cases it is necessary.

Cases in which postponement may be requested

Grounds for crossing the state border are regulated by CMU resolution No. 57. According to this act, there are two categories of men who are allowed to cross the border during martial law.

According to paragraphs 2-6 of this resolution, conscripts who are not subject to conscription for military service during mobilization have the right to leave. However, this rule does not apply to students, postgraduates, doctoral students and teachers of educational institutions.

Border guards have the right to demand documents confirming the postponement of mobilization, in particular a certificate from the TCC and SP or a military registration document with marks. Conscripts must also have up-to-date documents confirming the reason for leaving.

Cases in which postponement is not required

According to Clause 2-1 of the Resolution of the CMU 560, there are grounds for crossing the border that do not require prior registration of a postponement.

The following persons can go abroad without a formal postponement:

men with disabilities of I, II, III groups;
those accompanying a disabled wife;
persons who accompany one of the parents or parents of the spouse with a disability of group I or II;
those who provide permanent care for people with disabilities of group I or II and accompany them abroad; men who raise a child with a disability under the age of 18;
persons who constantly care for people in need of care and accompany them abroad;
guardians of people with disabilities, recognized by the court as incapable, who accompany them outside of Ukraine.

In these cases, it is necessary to have documents confirming the right to cross the border, as well as an up-to-date military registration document.

What difficulties may arise?

It often happens that border inspectors illegally deny men aged 18 to 60 years to travel abroad. The refusal may be due to the lack of documents confirming the postponement of mobilization, even in situations where such postponement is not required by law.

In case of refusal, you have the right to request a written decision stating the reason for the refusal. This decision can be appealed to a higher authority or to an administrative court.

Legal advice during wartime

If you have questions about crossing the border or applying for a deferment on legal grounds during martial law, you can consult the specialists of the legal marketplace "Consultant". Our lawyers and lawyers with extensive practical experience in these matters will help you at any stage of solving your case.

Military Lawyer Online

Military lawyer online will help you understand if a delay is needed to cross the border during martial law, as in some cases, such as disability or accompanying disabled family members, it is not mandatory. The lawyer will provide advice on collecting the necessary documents and will help appeal the refusals of the border service in case of illegal actions, which will avoid problems when traveling abroad.

Cooperation with legal marketplace 'Consultant'

Cooperation with the legal marketplace "Consultant" provides access to expert advice on the mandatory deferment for crossing the border during martial law, allowing to understand in which cases it is not required, for example, for persons with disabled persons or those who accompany such persons. Specialists of the platform will help you to correctly prepare all the necessary documents for departure, provide recommendations on the procedure for obtaining a postponement, if it is necessary, and in case of difficulties at the border, they will support you in appealing against illegal decisions of the border service, which will significantly reduce risks during entry.

Call a lawyer today!

If you need help with border crossing or legal deferment during martial law, contact our experts. We have united the best military law lawyers who are ready to provide qualified support at all stages of solving your problem.

Conclusion

During the martial law, the question of the mandatory issuance of a deferral for crossing the state border is complex and depends on specific circumstances. While the main travel ban for men aged 18 to 60 remains in place, there are categories of people who can cross the border without a delay, such as people with disabilities or those who accompany them. However, in practice, problems related to illegal refusals by border inspectors may arise. In such cases, it is important to be able to get legal advice and support to get the paperwork right and appeal the refusals. The legal marketplace "Consultant" offers access to specialists who are ready to provide qualified assistance in all matters related to crossing the border, providing the necessary support and reducing risks during departure. Legal advice during war, military lawyer online, military lawyer Kyiv, military lawyer services, legal assistance during war.

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