Departure abroad of those excluded from military registration

As you know, Ukraine is under martial law. This means that mobilization for men aged 18-60 has been extended. As of May 18, 2024, new rules have come into effect that relate to the specifics of leaving Ukraine for different categories of men. In this article, we will consider the possibility of leaving the country for those excluded from military registration.

In what cases can a man be excluded from military registration?

According to the current legislation, exclusion from military registration is possible in the following cases:

• A person has registered a disability in accordance with the procedure established by current legislation.
• A person who, according to the decision of the VLK, was recognized as unfit for military service (there must be a note about exclusion from military registration).

However, there are certain exceptions. The mark "removed from military registration" is not a confirmation of either disability or unfitness for military service. If a person is of limited fitness during wartime, it is forbidden to cross the border.

Therefore, exclusion from military registration is evidence that a person no longer belongs to the category of "reservist" or "military conscript". In some cases, conscripts and conscripts are removed from military records. This is possible provided that, due to certain circumstances, the person cannot be conscripted.

The following categories of men are subject to exclusion from military registration:

• Conscripted/accepted for military service.
• Convictions for committing serious or particularly serious crimes.
• Unfit for military service due to their health.
• Persons who renounced the citizenship of Ukraine and left the borders of the state.

Restrictions on the departure abroad of those excluded from military registration

If a person goes abroad for more than 3 months, the procedure for removal from military registration is provided. To do this, you need to contact the representatives of the TCC and SP at the place of residence. The next stage is registration at the consulate. Important: the specified category of persons remains in the category of conscripts. Special laws and legislative acts, in particular, Law No. 57, regulate the specifics of traveling outside of Ukraine under martial law.

Therefore, during the martial law, those excluded from military registration have the right to cross the state border without hindrance. The main condition is the presence of documentary confirmation and a corresponding mark in accounting documents. However, the legislator additionally specifies the following: only one category of persons excluded from military registration has the right to cross the border, namely, those excluded due to unfitness for military service (such status is confirmed by the decision of the VLK). We are talking about a number of medical indications (Order No. 402). Such persons can freely cross the state border.

In addition, persons who are not conscripted due to reaching the maximum age for mobilization — 60 years — are excluded from military registration.

What to do in case of refusal to legally cross the border?

In our legal practice, there have been quite a few cases when, in the presence of all legal grounds, representatives of the border guard did not allow persons excluded from military registration to cross the border. The lawyers of our office Prykhodko and Partners have an effective algorithm of actions in such cases.

If all the data on exclusion from military registration are displayed in the Register, however, you received a refusal from the border guards at the border crossing, request an official decision from them. The next stage is to appeal the received refusal in court. Our lawyers will be able to prepare an appropriate lawsuit and challenge an illegal decision.

We recommend always acting within the applicable legal framework. For example, situations often occur when men, having legal grounds for crossing the border, cannot do so. Most often, it is a matter of not completing the procedure for updating personal data or correctness of the necessary documentation.

We emphasize that a person excluded from registration has the right to cross the state border. For this, it is enough to have a certificate with a note on exclusion. At the same time, a VLK certificate may be required in cases where temporary unfitness is recognized as a basis for crossing the state border.

Another recommendation is to prepare an individual request to representatives of the State Border Service to provide written confirmation of the right to legally cross the state border. Our lawyers provide a very important service — support when crossing the border. Thus, you will be able to leave Ukraine smoothly, without wasting extra time. We have the necessary experience to ensure all your legal rights.

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