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Publication date: 17.05.2024
Lawyer
Legal Support and Border Crossing Rules for Men: Business and Military Time Regulations
In 2024, due to martial law, it became especially difficult for Ukrainian men aged 18 to 60 to navigate the legal and procedural requirements for business trips abroad. This article provides a comprehensive guide, based on legal advice, on how to organize business trips and understand the border crossing rules for men at this time.
rules for the departure of men abroad during the war
The legal basis of martial law in Ukraine provides for a ban on men aged 18 to 60 from traveling abroad. This restriction, although it is not directly enshrined in Ukrainian legislation, is introduced by making changes to by-laws, in particular to the "Rules for crossing the state border by citizens of Ukraine" (Resolution of the Cabinet of Ministers of Ukraine dated January 27, 1995 No. 57).
Legal preparation: temporary restriction on the right to leave Ukraine
- Amendments to by-laws: clauses have been added to Resolution No. 57 that determine who can cross the border during martial law. Men aged 18 to 60 must submit the documents specified in points 2-6 to the State Border Service to confirm the right to leave.
-Court's decision: The Administrative Court of Cassation as part of the Supreme Court, by its decision dated September 3, 2023 (case No. 600/2520/22-a), left unchanged the decision of the State Border Service to refuse to allow the husband. of the border, who could not provide the necessary documents. Lower courts are bound by this precedent.
The right to cross the border
During martial law, only men with certain reserved roles or documented exceptions can cross the Ukrainian border. This also applies to those who are on authorized business trips with relevant documents.
Registration of a business trip abroad: procedure and necessary documents
Required documents
1. Extract from the Decision of the Ministry of Economy: Document confirming the reservation of the employee.
2. Business trip documents: what documents are needed to cross the border
- An order or an extract from an order specifying information about the employee's business trip, including personal data, purpose, destination and dates of the business trip.
- Accompanying documents such as tickets, invitations and return tickets.
3. Letter to the State Border Guard Service: Letter from the head of the enterprise justifying the need for a business trip.
Additional documentation: what is required to cross the border
Employees must also have with them the documents stipulated by Article 2 of the Law of Ukraine "On the procedure for departure from Ukraine and entry into Ukraine of citizens of Ukraine", primarily a valid foreign passport. In 2024, there were cases when military registration documents were required, although neither the law nor Resolution No. 57 required them.
Steps for travel agency companies
1. Reservation of employees: Make sure that the employee is reserved in accordance with the Resolution of the Cabinet of Ministers No. 76 (January 27, 2023).
2.documents for crossing the border :
- Get an extract from the decision of the Ministry of Economy.
- Issue an order or an extract from an order on a business trip.
- Write a letter of appeal to the State Border Service with an explanation of the official necessity.
3. Prepare supporting evidence: Have all travel-related documents such as tickets and invitations handy.
Categories of citizens exempted from reservation requirements
Certain categories of employees can travel abroad without prior reservation:
1. Drivers of international transport: must be registered in the Ukrtransbezpeka system.
2. Volunteers: those transporting medical supplies or humanitarian aid need a decision from the Ministry of Infrastructure or Military Administration and must be listed in the Way system.
3. Railway workers: for those who ensure the work of the railway, a decision of the Ministry of Infrastructure is required; others may require permission from the local military administration.
4. Athletes and sports officials: Must obtain approval from the Ministry of Youth and Sports and a corresponding letter to the State Border Service.
5. Seamen and aviation personnel: Request specific documents set forth in paragraphs 2-12 and 2-13 of Resolution No. 57.
Conclusion
For Ukrainian men and businessmen who plan to travel abroad during martial law, it is extremely important to thoroughly prepare and comply with the requirements of the law. Companies should ensure that all necessary documents are in order and seek legal advice to navigate these complex regulations. Understanding and following current laws and court precedents can help ensure a smoother and more legal border crossing during these challenging times.
