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Publication date: 20.04.2024
Graduated lawyer with experience of more than 7 years with experience in the field of public procurement, civil, administrative law and document drafting, expert in communication and dispute resolution, author of a legal blog and social media.
How to go abroad and is it possible to go abroad now? Such questions are frequent among our clients, taking into account the existing rules for crossing the border for Ukrainians. After May 18, 2024, what changes will the conditions for crossing the border and, in general, the rules for crossing the Ukrainian border undergo?
The temporary restriction on the right to leave Ukraine is determined by the current legislation.
The Resolution of the Cabinet of Ministers of Ukraine No. 57 specifies the procedure for crossing the border (crossing the border, where the issues of which persons have the right to go abroad and which documents are required to be presented at the checkpoint are settled). Restrictions on travel outside of Ukraine, Border escort, almost all these issues have been settled. Today's practice is such that people cross the border and leave, although the strengthening of control became noticeable especially at the end of last year. Is it possible to go abroad? It is possible to go abroad, of course, if there are reasons. As for persons with disabilities of groups I, II, III: scanning, photographing their documents, checking against databases takes a considerable amount of time. Due to this, there is a difficulty. Here it is worth saying that the most problematic and probably the most difficult situation occurs with those who have a deferment: those with many children and escort at the border - those who accompany a person with a disability. For some reason, these categories of citizens come under greater control (the rules for traveling abroad during the war usually do not specify this).
What exactly is the reason and what are the nuances here? If we reread Resolution No. 57, we can see that there is no norm regarding the presentation of military registration documents. For a long time, controversial situations took place on this issue, and finally on April 11, 2024, the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization, and Military Registration" was adopted, which regulated this issue. By the way, many issues, including restrictions on travel outside Ukraine escort at the border, have become more regulated.
Part 6 of Article 22 of the Law of Ukraine "On Mobilization and Mobilization Training" states: "During the period of mobilization (except for targeted) male citizens of Ukraine aged 18 to 60 are required to carry a military registration document and present it at the request of an authorized representative of the territorial recruitment and social support center or a police officer, as well as a representative of the State Border Service of Ukraine in the border lane, the controlled border area and at checkpoints across the state border of Ukraine."
Therefore, in fact, from May 18, 2024 (this is the day these changes enter into force), this rule has ceased to be controversial, and accordingly, all those who have the right to a postponement are obliged to present at the border all documents that provide for the rules for crossing the border for men, including a military registration document.
The continuation of this part of Article 22, which mentions photo and video recording of the process of checking documents how to leave border, is interesting. At the same time, fixing is allowed for technical devices, tools and specialized software with access to the Unified State Register of conscripts, conscripts and reservists. Most likely, this is because it will be difficult to equip the relevant employees with the same body cameras, for example, during the short period of time when the norm comes into force. However, here we are talking about the authorized representative of the territorial center of recruitment and social support and the police (who already have cameras).
In general, the border crossing for men after February 24, 2022 changed several times. It is clear that the rules for the departure of men abroad during the war must fulfill the main function - defense capability in the country through a sufficient number of forces, including human resources.
I would also like to talk about whether it matters what documents are needed to cross the border, depending on which border to cross. Crossing the Slovak border, crossing the Polish border today has no legal significance in terms of what documents are required for crossing the border. Yes, we are observing the situation that, for example, the conditions for crossing the Polish border rules for crossing the Polish border differ from others, or the procedural crossing of the Ukrainian border depends on the place of its implementation, but in any case, we need to refer to the legal basis and here we see that the documents for crossing the border are the same almost throughout the territory border In wartime, the rules for crossing the Polish border crossing rules for men are limited, as everywhere, new rules for crossing the border with the EU.
In general, the problem of crossing the border by men is of particular importance due to the following factors: the ignorance of the average person about what is required to cross the border, the rules for crossing the border by car are not particularly different from other forms of transport, new rules for crossing the border by road.
