BORDER CROSSING BY STUDENTS OF A FOREIGN UNIVERSITY

During the period of martial law, approved by the Decree of the President of Ukraine dated February 24, 2022, in order to implement measures of the legal regime of martial law, the departure of male citizens of Ukraine aged 18 to 60 years from Ukraine is restricted. However, such a ban is not absolute.

Male citizens of Ukraine between the ages of 18 and 60 may travel abroad in the cases approved by Resolution № 57 of the Cabinet of Ministers of Ukraine dated January 27, 1995.

The most popular and effective is the option of departure for persons who are full-time students of a foreign university. For this, certain conditions and a set of documents are necessary, which are necessary for crossing the border on this basis.

The following documents are required for departure:

• student card or student visa;
• translated and notarized documents of a person's studies at a foreign university;
• military registration documents with a record of granting them a deferment from conscription (conscription upon mobilization);
• certificate-permit issued by the territorial center of recruitment and social support.

From a theoretical point of view, if these documents are available, a person has the right to cross the border, but quite often in practice various problems arise that make such an exit impossible and require the professional intervention of lawyers. Among such problems, first of all, the refusal of the territorial recruitment and social support center (military commissariat) to grant a conscript a deferment from conscription for military service. Arguments for refusal can be, for example, the absence of military registration documents, their loss, damage, violation of the rules for keeping military records, etc. Quite often, the military commissariats refuse to grant a deferment in connection with the person obtaining a second higher education or if the person is over 27 years old. Lawyers of AB "Prikhodko&Partners" emphasize that any refusal on these grounds is illegal and subject to appeal in court.

Another problem that a conscript may face is the refusal of the territorial recruitment and social support center to issue a certificate-permit for going abroad. In the case of such a refusal, the lawyers of AB "Prikhodko&Partners" have developed a fairly effective legal practice that makes it impossible to allow such variants of the development of events.

Even if the conscript managed to obtain all the necessary documents and permits from the territorial center of recruitment and social support, this does not guarantee the passage of such persons at the state border. The State Border Service may issue a written refusal to travel abroad for students of professional pre-higher and higher education, trainee assistants, postgraduate students and doctoral students studying abroad on full-time or dual forms of education based on various reasons. In this case, the legal support of a military lawyer is also necessary to challenge such a refusal and the subsequent crossing of the state border by conscripts.

JSC "Prikhodko&Partners" provides a range of services related to escorting conscripts crossing the state border, contact by phone.