Departure of men abroad during martial law

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Kovalev Artem

Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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Departure of men abroad during martial law

Reading time: 4 min.

The war in Ukraine continues, and therefore, the martial law regime is in effect, which provides for certain restrictions. Among them is a ban on traveling abroad for conscripted men aged 18-60. However, as you know, every rule has its exceptions. Legislation on the conditions of travel abroad is constantly changing. In this article, we will talk about valid grounds for departure. The departure of men abroad during the period of martial law in Ukraine is one of the areas of professional activity of our lawyers – Prykhodko and Partners specialists.

Reasons for men to go abroad

We once again draw your attention to the fact that, in addition to children, women and older people, boys under 18 and men aged 60+ can leave Ukraine. Of course, some restrictions apply to military women who are currently serving in the Armed Forces or other armed forces. In addition, it should be noted that not all men of conscription age are prohibited from leaving Ukraine. This is confirmed by relevant regulatory documents. In other words, if there are conditions and circumstances important for this, it is possible for men to go abroad.

Men aged 18-60 who legally have the right to cross the state border:

  • Temporarily unfit men

Temporary incapacity for work is determined by the following documents: certificate of disability, opinion of the Military Medical Commission (VLK). The term of recognition of temporary incapacity for work is up to 6 months.

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  • Removal of a husband from registration due to health

If a man of conscription age has been removed from the register due to his health, he can leave Ukraine. To do this, they must provide a certificate confirming disability or a conclusion of the VLK.

  • Men who provide support for persons with limited working capacity

The reason for a man’s departure abroad can be to accompany a person with a confirmed disability of the I or II group. This also applies to the care of a sick wife, children or parents. The main condition is that crossing the border is carried out exclusively accompanied by a sick person or a person with a disability.

  • Men with many children, single parents

If a man takes care of 3 or more minor children, he also has the right to leave. Important: the fact that these children are from the same wife or from different wives does not play any role.

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The decisive factor is documentary confirmation that the man is really capable of fully supporting the children.

The following also have the legal right to cross the border:

  • Military personnel undergoing treatment or rehabilitation outside of Ukraine.
  • Men who have confirmed permanent residence in another country.
  • Men of the relevant profession (drivers, volunteers, sailors, athletes, cultural figures, etc.).

Legal support for travel abroad

Therefore, if a man plans to leave the borders of Ukraine during the period of martial law, he must have important reasons for this, which are supported by properly prepared documents. Neither the representatives of the TCC and SP, nor officials should have any questions for him. However, a correctly collected package of documents is not a guarantee for a man aged 18-60 to go abroad.

The final authority that grants permission is representatives of the State Border Guard Service of Ukraine at the checkpoint. There are often situations when you can get a refusal to cross the border.

Lawyers Prykhodko and Partners provide not only counseling, but also escort men when crossing the border. If necessary, we can appeal the decision of representatives of the State Border Service.

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