LIABILITY FOR ATTEMPTING TO LEAVE THE BORDER WITH FAKE DOCUMENTS - ASSISTANCE OF A LAWYER
Since the beginning of the full-scale war, which began on February 24, 2022, martial law has been imposed in Ukraine, which imposes a number of restrictions on citizens. One of these restrictions is a ban on traveling abroad for men aged 18 to 60. However, some categories of men can leave if they have the appropriate documents.
However, many people try to find ways to leave the country to avoid conscription.
In this article, we will consider the liability for attempts to illegally cross the state border.
What is meant by illegal border crossing
Illegal border crossing means violating the rules governing crossing a state border, regardless of whether a person uses fake documents, hides in the trunk of a car, or crosses the border through the woods, according to the lawyer.< /p>
An illegal crossing or an attempt to commit it is subject to liability in accordance with Article 204-1 of the Code of Ukraine on Administrative Offenses (CCP). This may lead to the imposition of a fine in the range of 200 to 500 of the non-taxable minimum income of citizens (from 3,400 UAH to 8,500 UAH) or administrative arrest for up to 15 days with confiscation of the means used to commit the offense.
If the border guards detain a man who illegally left the country and is now trying to return to Ukraine, administrative liability is also provided for this offense in accordance with Article 204-1 of the Code of Criminal Procedure. If the terms of prosecution have not yet expired, the border guards call the police, who draw up an administrative report.
Criminal liability for illegal border crossing during martial law
Since the introduction of martial law, the legislation has undergone significant changes. In particular, changes are proposed regarding illegal border crossing.
Draft law No. 7268 has been registered in the Verkhovna Rada, which provides for the introduction of a special article in the Criminal Code of Ukraine establishing criminal liability for illegal border crossing (regardless of the method) by conscripts during martial law.
If this draft law is adopted, the persons guilty of this offense will face a fine or imprisonment for a term of 3 to 5 years.
The person found guilty of illegal border crossing is liable
A person who will be found guilty of illegally crossing the border (or attempting to do so) may face the following forms of responsibility:
- imposing a fine,
- probation supervision,
- restriction of will,
- deprivation of liberty.
At the same time, the amount of the fine and other types of punishment depend on the specific circumstances of the case and the sanctions of the relevant articles of the Code of Ukraine on Administrative Offenses (KuPAP) or the Criminal Code.
Use of a known forged document
If a deliberately forged document was used to cross the border (for example, the conclusion of the VLK), then in accordance with Part 4 of Article 358 of the Criminal Code of Ukraine, punishment is provided in the form of a fine of up to 50 tax-free minimum incomes of citizens, or probation supervision for a period of up to 2 years, or restriction of freedom for the same period.
Questions
What liability is provided for attempting to travel abroad with forged documents?
Answer
According to Part 4 of Article 358 of the Criminal Code of Ukraine, the use of forged documents is punishable by a fine of up to 50 tax-free minimum incomes of citizens, probation supervision for up to 2 years or restriction of freedom for the same period.
Questions
Do sanctions apply for attempting to cross the border with a forged VLK report?
Answer
Yes, the use of a forged conclusion of the Military Medical Commission (MMC) falls under the same Part 4 of Article 358 of the Criminal Code, which provides for a fine or other types of punishment.
Questions
What other consequences can arise in the event of an attempt to leave with forged documents?
Answer
In addition to administrative or criminal liability, a person may be prohibited from entering other countries, his documents may be confiscated, and additional investigative actions are possible to identify accomplices in the production of false documents.
Legal assistance in case of accusation of using false documents
Legal support in the event of an accusation of using false documents includes consultation with a lawyer, analysis of the circumstances of the case, preparation of a defense strategy, as well as representation of the client's interests in court or before investigative bodies. A lawyer will help challenge the charges, collect evidence for the client's defense, ensure the correct application of the law and minimize possible consequences, such as a fine, imprisonment or other sanctions. It is important to act quickly and effectively to protect the rights and freedoms of the accused.
Advantages of cooperation with the legal marketplace 'Consultant'
- Access to a wide base of qualified lawyers and advocates
- The possibility of choosing a specialist who meets the client's needs
- Transparent rating and feedback system for assessing the quality of services
- Convenient communication and automation of the process of seeking legal assistance
- Saving time and effort when ordering services
Illegal attempts to travel abroad during martial law, in particular with the use of forged documents, can lead to serious legal consequences, including administrative or criminal liability. The use of false documents, such as a forged VLK report, is punishable by a fine, probation supervision or restriction of freedom. In the conditions of constant changes in legislation, it is important to be informed about legal risks and seek professional legal help in a timely manner. The legal marketplace "Consultant" provides access to a wide base of specialists, which allows you to effectively protect the rights of the accused and minimize possible consequences.
