Exclusion from military registration: crossing the border

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Ternova Diana

Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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Exclusion from military registration: crossing the border

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During martial law, border crossings may be restricted or controlled in order to ensure national security and defense capability. Exact restrictions and rules for crossing the border are established in accordance with legislation, official orders and decrees in force during martial law. In Ukraine, due to the effect of martial law, the procedure of exclusion from military registration may be changed or limited in order to ensure the country's defense capability.

Yes, there is a certain list of persons defined by legislation who have the right to cross the state border during martial law, among which there are persons who are excluded from military registration.

Therefore, this article will refer to the possibility of crossing the border for persons excluded from military registration.

Exclusion from military registration means the procedure of removing a person from military service. Based on this, there are certain cases when a person can be exempted from military service. For example, exclusion from military registration of citizens who are recognized as unfit for military service due to their health status, with exclusion from military registration.

In general, Part 6 of Article 37 of the Law of Ukraine "On Military Duty and Military Service" provides for a list of citizens subject to exclusion from military registration.

Yes, one of these cases is medical exclusion. If a person has medical contraindications that prevent him from performing military service, he may be excluded from military registration. After passing the military medical commission, doctors determine the presence of contraindications and fitness for service, and issue a decision on unfitness with exclusion from military registration.

In turn, in accordance with the Rules for crossing the state border by citizens of Ukraine, approved by the Resolution of the Cabinet of Ministers of Ukraine dated January 27, 1995 № 57 based on the provisions of clauses 2-6 of the Rules and para. 16 h. 1 st. 23 of the Law of Ukraine "On Mobilization Training and Mobilization", if a person was excluded from the military registration due to health status according to the order of the Ministry of Defense on the Military Medical Commission № 402, he is not considered to be conscripted and has the right to cross the border.

 

However, it is necessary to pay attention to the fact that exclusion from military registration gives grounds for going abroad, but the fact of removal from military registration does not give the right to cross the border.

Thus, in order to cross the border, it is necessary to collect relevant documents, namely, a military registration document with a note on exclusion from military registration and a conclusion of the Military Police on unfitness for military service with exclusion from military registration.

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Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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