Publication date: 23.04.2024
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About foreign business trips of reserved employees
The State Border Service explained the procedure for crossing the border by reserved employees for business trips.
The Federation of Employers of Ukraine (hereinafter - FRU) received numerous appeals from companies that booked their employees to cross the border for business trips. Thus, often at border crossing points they are required to provide an extract from the order of the Ministry of Economy on the reservation of a conscripted employee, certified by the seal of the corresponding territorial center of recruitment and social support (TCC and SP). At the same time, the legislation does not contain such an obligation for TCCs and joint ventures.
Therefore, the FRU turned to the competent authority to obtain an appropriate clarification.
Legislative basis
According to the official explanation of the State Border Service, the passage of citizens of Ukraine across the state border under the conditions of the legal regime of martial law on the territory of Ukraine is carried out taking into account the following requirements:
• Decree of the President of Ukraine dated February 24, 2022 No. 64/2022 "On the introduction of martial law in Ukraine";
• Law of Ukraine dated October 21, 1993 No. 3543-XII "On mobilization training and mobilization";
• Law of Ukraine dated May 12, 2015 No. 389-VIII "On the legal regime of martial law";
• Rules for crossing the state border by citizens of Ukraine, approved by Resolution No. 57 of the Cabinet of Ministers of Ukraine dated January 27, 1995 (hereinafter — Rules No. 57).The procedure for booking conscripts is established by Resolution No. 76 of the Cabinet of Ministers of Ukraine dated January 27, 2023 "Some issues of implementation of the provisions of the Law of Ukraine "On Mobilization Training and Mobilization" (hereinafter - Resolution No. 76).
Additional documents for serving on a business trip abroad
Therefore, in accordance with Rules No. 57, persons who are not subject to conscription for military service during mobilization in connection with their reservation for the period of mobilization and for wartime at enterprises, institutions and organizations in the order established by the Cabinet of Ministers of Ukraine and are not subject to subject to the restrictions established by Clause 2-14 of Rules No. 57, have the right to leave Ukraine if they have the documents specified in Article 2 of the Law of Ukraine of January 21, 1994 No. 3857-XII "On the procedure for citizens leaving Ukraine and entering Ukraine of Ukraine", and in addition, they must also provide:
• documents confirming a business trip;
• extract from the order of the Ministry of Economy on the reservation of conscripts in accordance with the requirements of paragraph 11 of the Procedure for booking conscripts according to the list of conscripts during martial law, approved by Resolution No. 76 (hereinafter - the Order).
In accordance with paragraph 11 of the Procedure, the enterprise issues an extract from the specified decision to the conscript in the form in accordance with Appendix 3 to the Procedure.
The extract, certified by the signature of the manager and the seal (if available) of the relevant enterprise, is a document confirming the granting of a deferment to a conscript.The extract is issued to the conscript under the signature in the information on the issuance of special military registration forms, drawn up according to the form in accordance with Appendix 4 to the Procedure.
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