DEPARTURE TO A PERMANENT PLACE OF RESIDENCE ABROAD DURING THE EFFECT OF THE STATE OF MARTIAL

The procedure for the departure of Ukrainian citizens in wartime conditions after the start of a large-scale invasion on February 24, 2022 has become problematic. After the introduction of martial law throughout the territory of Ukraine, its citizens were deprived of the right to freely cross the border of Ukraine. Such restrictions include male persons aged 18 to 60 and women conscripted into the military.

This issue regarding aspects of the regulation of travel outside our country is governed by the following regulatory legal acts:

First of all, you should refer to the Law of Ukraine "On the procedure for leaving Ukraine and entering Ukraine for citizens of Ukraine". In the future, attention should be paid to the Rules for crossing the state border by citizens of Ukraine, which were approved by the Resolution of the Cabinet of Ministers dated January 27, 1995 № 57 and the Explanation of the State Border Service dated March 17. 2022 № 23-6855/0/6-22-Vikh "Regarding the procedure for organizing travel abroad during the period of martial law".

But it should be remembered that these restrictions do not apply to children accompanied by adults; men older than 60 and women who do not belong to military personnel; also conscripted men, but who are not subject to mobilization.

A more detailed analysis of the categories of persons who are not subject to mobilization is provided for in Article 23 of the Law of Ukraine "On Mobilization and Mobilization Training".

But there is also another procedure specified by the legislation, which gives men the right to cross the border of Ukraine. It involves obtaining a decision from the State Migration Service on permission to cross the state border based on the person's possession of a residence permit in a second country, consular registration, or a green card.

That is, in simpler words, this procedure means making a corresponding mark in the passport document about departure to a permanent place of residence.

However, it should not be forgotten that if a person lives abroad de facto, but before that de jure did not complete the official procedure for leaving and did not complete deregistration at the military commissariat, then in this case the person does not have the right to leave the borders of Ukraine.

Also, the Dejav Border Service provided an explanation regarding the departure of men who have a permanent residence permit in another country. The following statement was noted on the Government portal: "A person who has dropped out, lost contact, is not registered at one or another military commissariat and is not conscripted, can safely cross the border. If a person actually lived abroad, but did not formalize his departure according to the official procedure, did not remove himself from the registration at the Military Commissariat, unfortunately, he cannot leave Ukraine."

Men should now understand the following: if a person has changed his place of permanent residence and is not registered with any military commissariat, then he is not conscripted. Therefore, the presence of this fact gives the right to leave Ukraine during martial law.

In any case, we recommend that you seek the professional help of a professional lawyer, because this issue is quite problematic today. If you have certain discrepancies in the documents that provide grounds for crossing the border of Ukraine, or you are unable to independently determine whether you have the right to travel abroad, then it is time to contact our law firm. We will be happy to help you solve any questions.