DEPARTURE ABROAD OF PERSONS WITH A DEFERMENT FROM CONSCRIPTION FOR MILITARY SERVICE DURING MOBILIZATION

The procedure for traveling abroad for men aged 18 to 60 during martial law in Ukraine is regulated by the Rules for Crossing the State Border by Citizens of Ukraine, approved by Resolution of the Cabinet of Ministers of Ukraine dated January 27, 1995 № 57 Kyiv (hereinafter - the Rules).

Thus, in accordance with paragraph 26 of the Rules, in the event of the introduction of a state of emergency or martial law on the territory of Ukraine, the right to cross the state border, except for the persons specified in paragraphs 21 and 22 of these Rules, also includes other conscripts who are not subject to conscription for military service during mobilization . This norm does not apply to persons defined in paragraphs two to eight of part three of Article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization" (hereinafter - the Law).

Therefore, everyone who has the right to deferment from military service during mobilization according to part 1 of Article 23 of the Law also has the right to cross the state border during the period of martial law on the territory of Ukraine.

According to Part 1 of Article 23 of the Law, the following are not subject to conscription for military service during mobilization:

• booked for the period of mobilization and military time by state authorities, other state authorities, local self-government bodies, as well as by enterprises, institutions and organizations in the order established by the Cabinet of Ministers of Ukraine;
• recognized in the established order as persons with disabilities or, in accordance with the conclusion of the military medical commission, temporarily unfit for military service due to their health for a period of up to six months (with subsequent passing of the military medical commission);
• women and men who have three or more children under the age of 18;
• women and men independently raising a child (children) under the age of 18;
• women and men, guardians, custodians, foster parents, foster parents raising a disabled child under the age of 18;
• women and men, guardians, custodians, foster parents, foster parents, raising a child with severe perinatal damage to the nervous system and other health disorders according to the list;
• women and men in whose care there is an adult child who is a person with a disability of group I or II;
• adoptive parents, guardians, trustees, foster parents, foster parents, who care for orphans or children deprived of parental care, under the age of 18;
• engaged in constant care for a sick wife (spouse), child, as well as their parents or wife (spouse) who, according to the conclusion of the medical and social expert commission or the medical and advisory commission of the health care institution, need constant care;
• having a wife (spouse) from among persons with disabilities and/or one of their parents or parents of a spouse (spouse) from among persons with disabilities of group I or II;
  guardians of persons with disabilities who have been declared incapacitated by a court; persons engaged in permanent care of a person with a group I disability; persons engaged in permanent care for a person with a disability of group II or for a person who, according to the conclusion of the medical and social expert commission or the medical and advisory commission of a health care facility, requires permanent care, in the absence of other persons who can provide such care;
• other conscripts or separate categories of citizens in cases provided by law.

However, it should be noted that the departure of the above-mentioned categories of persons abroad is possible only in the presence of appropriate documents confirming the basis for crossing the border during martial law, as well as in the presence of a corresponding certificate and/or a mark in the military registration document about the presence of a person with a deferment from conscription for military service during mobilization.

Contact AB "Prikhodko&Partners" and the lawyers will analyze each individual situation regarding whether you have a reason to travel abroad during martial law and determine what documents you need to have with you in order for such a trip to be possible.