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Are there restrictions for women conscripts to cross the border?

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Borysuk Natalia Mykolayvna
Lawyer
Ukraine / Volyn Oblast
Borysuk Natalia Mykolayvna

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Publication date: 09.06.2024

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.

The issue of the rights of conscripted women during martial law can be attributed to the "gray zone" of modern rule-making.

The Law "On Military Duty" clearly defines that women who are fit for service due to their health and age, who have graduated from professional, professional or higher educational institutions and have obtained a medical or pharmaceutical specialty, are subject to military registration. Women with other specialties determined by the Ministry of Defense may also be enrolled at their request.

Women who are on the military register may be called up for service or involved in defense work during wartime only on a voluntary basis. In peacetime, they can enter service under a contract. Military duty for women is performed on an equal basis with men, except for cases related to the protection of motherhood, childhood and the prohibition of discrimination based on gender.

Key points:

Conscript women can be mobilized exclusively voluntarily.
They must follow the rules of military accounting.
The requirements of CMU Resolution No. 560 of April 16, 2024, regarding the updating of registration data, also apply to conscript women. However, they will not be forced to pass the Military Medical Commission (MMC) without their consent if they do not wish to be mobilized.

Regarding crossing the border, the issue remains unclear. CMU Resolution No. 57 dated 01/27/1995 with amendments dated 05/17/2024 stipulates that conscripts who are not subject to conscription have the right to cross the border during martial law. However, whether this category includes conscript women, who can only be mobilized voluntarily, remains unknown.

This issue can be resolved by introducing clear provisions regarding women conscripts into the border crossing rules, instead of a general definition of "other".
Crossing the border by women in the conditions of the current political situation has become an important topic that needs detailed consideration. One of the key requirements for departure is the presence of necessary documents, such as the permission of the TCC to travel abroad. This document is an official confirmation from the territorial collection center ( TCC permit for traveling abroad ), which allows citizens to cross the border.

To obtain a TCC permit, women must submit an appropriate application and provide all the necessary documents that confirm the purpose of their trip. A TCC permit may be issued in the event of a business trip, training, treatment, or other valid reasons. Such a TCC certificate for traveling abroad is a necessary element for legal border crossing.

Comparing the conditions for traveling abroad for women and men ( travel abroad for men ), it is worth noting that the latter also face the need to obtain a TCC permit. Traveling abroad for men is often complicated by additional requirements, especially in conditions of martial law or mobilization. In such cases, the TCC certificate becomes a key document without which border crossing becomes impossible.

In order to obtain a TCC certificate, men must go through a more rigorous screening process, as they may potentially be mobilized for military service. At the same time, women must also follow all the necessary procedures to obtain permission from the TCC to travel abroad.

It is important to understand that the system of obtaining a TCC permit and a TCC certificate was created to ensure national security and control migration flows. This allows the state to control the departure of its citizens and ensure that they fulfill their obligations to the country.

Thus, crossing the border by women requires careful preparation and the presence of all the necessary documents, among which the permission of the TCC to travel abroad plays a key role. Obtaining this certificate is an important procedure that ensures the legality of departure and helps to comply with government requirements.

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