Excluded from military registration – is it possible to go abroad?

On May 18, 2024, the new Law on Mobilization entered into force. It provides for changes, in particular, to the rules for crossing the state border. It is worth noting that the new Law does not change the rules for crossing the border, regulated by Resolution of the CMU No. 57. In this article, we will consider the following question: is the possibility of leaving the country excluded from military registration allowed.

Loss of conscript status: list of grounds

Article 37 of the Law of Ukraine "On Military Duty and Military Service" provides the main grounds for exempting a person from military service:

• The death of a person or the presence of a "missing person" status.
• Termination of a person's citizenship of Ukraine.
• Unfitness to carry out tasks related to military service (unfitness is determined by the opinion of the VLK).
• Achievement above the age limit for mobilization tasks (60+).

In addition to the above-mentioned reasons, there are additional reasons that can become a justification for excluding a person from registration.

This can be, for example, single-person education of a minor or full-time study at a higher educational institution. In this situation, the citizen's military ID is not withdrawn (a mark of exclusion from registration is placed). Until the person reaches 60 years of age, those released from military service must present a military ID at the request of representatives of the police or TCC.

Some people confuse the concepts of "removed" and "excluded" from military registration. They are conceptually different, because they have different grounds and consequences. For example, upon release from military service, a person no longer has to perform the duties of a conscript. That is, the man loses this status. This means that the person:

Exempts from the obligation to update information regarding one's own stay and passage of the VLK.
Protected from serving a summons.

That is, the status "excluded from military registration" is permanent. It does not oblige you to re-enroll in the military register.

In turn, the status "removed from military registration" is given for a certain period of time. That is, the man continues to be conscripted. That is, he is obliged to update his military registration data, pass the VLK, etc.

Therefore, there must be good grounds for exclusion from military registration. If they are available, the person should apply to the representatives of the TCC and SP with a corresponding application. In addition, you need to add documents that can serve as confirmation of these grounds.

Information on the exclusion of persons from registration is entered in the Unified Register. At the same time, not all categories of persons excluded from military registration have the right to leave Ukraine.

Is it possible to go abroad for those excluded from military registration?

According to the current legislation, men aged 18-60 who are unfit for military service, according to the conclusion of the VLK, excluded from military registration, have the right to cross the state border. Please note: it does not matter in which period the man received such a conclusion: before or after February 24, 2022. Once again, we draw your attention to the fact that exclusion from military registration must be accompanied by a special mark and the entry "excluded from military registration" (paragraph 6.3 of Article 67 of the Law of Ukraine "On Military Duty and Military Service").

Important: the right to cross the state border has the right to be excluded from military registration only due to the state of health. That is why border guards should present not only a military registration document, but also a VLK certificate.

The authenticity of the information specified in the military ticket and other documents is checked by representatives of the border service in the "Oberig" register. This register displays detailed information on exemption from military service and passing of the VLK.

Situations often occur when, even with all legal grounds, those excluded from military registration due to their health cannot cross the state border. In this case, the ideal solution will be the assistance of a lawyer.

If necessary, the specialists of our law office Prykhodko and Partners will be able to appeal the decision on refusal to cross the state border in the current legal field.

Let's summarize. Exemption from military service consists in losing the status of conscript. That is, the person no longer has obligations related to military registration. We are talking, first of all, about passing VLK, updating data, etc.

Our lawyers on mobilization and legal border crossing will help you solve the most difficult tasks. We work to achieve the desired result for the client. The practical component of our activity is the best confirmation of this. Our lawyers successfully protect the rights of civilians and military personnel!

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