Is it possible to travel abroad with a reservation?

The population of Ukraine continues to live in conditions of a full-scale Russian-Ukrainian war and general mobilization. However, even in such conditions, some enterprises can go through the procedure of booking their employees. In this article we will consider the following topical issue: is it possible to travel abroad with a reservation?

Reservation and border crossing: features

During the period of martial law, the features of crossing the state border are regulated by the Rules for Crossing the State Border (paragraphs 2-14). In accordance with these Rules, categories of persons who have “reservation” may cross the state border on the basis of relevant decisions (for example, on business trips, etc.).

Among the categories of business entities that have the right to reserve their employees:

• State authorities, including local governments.

The main condition for reservation is that the functioning of these authorities must be strategically important for ensuring the full functioning of the state apparatus.

• Enterprises, organizations, institutions specializing in the performance of mobilization tasks.
• Business entities specializing in the performance of work or the production of goods necessary to meet the needs of military formations (in particular, the Armed Forces of Ukraine).
• Institutions that have the status of “critically important” for the full functioning of the economy and the provision of the population.

After the enterprise receives such status, the booking procedure can be started. It should be noted that this procedure has undergone certain changes during the martial law period. In particular, there are two options for submitting documents:

• Basic method

Documents are submitted through the entity that made the decision to grant critical status.

• Through the "Diya" portal.

This option has certain limitations. In particular, only those organizations that are included in the Unified List formed by the Ministry of Economy can submit documents.

To legally cross the border in this case, the following documents will be required:

• ID.

These should be documents confirming that the person is on special registration, in particular, an Extract from the Order of the Ministry of Economy in the manner prescribed by current legislation, namely, Resolution of the Cabinet of Ministers of Ukraine No. 194.

• Documentary confirmation of the purpose of traveling abroad.

This is about substantiating the purpose of crossing the state border. Among such documents:

1. Certificate of business trip.
2. Extract from the order.
3. An appeal from the head of the organization, enterprise, institution to representatives of the State Border Service. The appeal must clearly indicate that the person who has a reservation is going abroad to perform official duties.

Therefore, provided that the above documents are available, persons with a reservation can travel abroad. In this case, crossing the state border must be directly related to a business trip, and not to resolving their personal issues.

Support from a lawyer on border crossing issues

There are often cases when, even with all the legal grounds for crossing the state border, there are quite significant difficulties with this. Sometimes such decisions are made by representatives of the border service without grounds. If a person is refused to cross the state border, this must be documented. In the future, lawyers can use the relevant documents to appeal the refusal to cross the state border in court.

In today's realities, a useful service will be the support of a lawyer when traveling abroad. The lawyers of our law firm Prykhodko and Partners have the necessary practical experience to qualitatively represent the interests of persons who have a deferment from mobilization.

We provide the full range of services: from consulting on the legality of crossing the state border to appealing the refusal of representatives of the border service in court.

It is worth remembering that a reservation, as well as other grounds for deferring mobilization, is not a guarantee that a person will not be mobilized. There are frequent cases when even those who have a reservation are mobilized. The validity period of the deferment may also vary. If a person has crossed the state border, he must return before the reservation expires. Otherwise, this will lead to serious consequences for both the reserved employee and the company.

The current legislation on mobilization and reservation rules is constantly changing. It is quite difficult to track these changes on your own. It is best to entrust this matter to true professionals. Lawyers Prykhodko and Partners successfully solve even the most complex tasks.

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer's services on border crossing issues, fill out the form below.