How to go abroad during war? Official reasons and support from a lawyer for legal travel abroad

Who has the right to leave Ukraine during the hour of war?

In the realities of the war, the legislation of our land has determined the boundaries of those individuals who can legally cross the border. While such strict restrictions have not been established before leaving Ukraine, even after the adoption of the CMU Decree “On border regime” in 1998, there was one rule for everyone - legal exit from Ukraine for those who are able to stand up. subject to the permission of the traffic police authority.

Note that in Ukraine there are unified Rules for crossing the power border, supplemented by Article 2-1 in 2022 after the military disarray in our country. It is obvious that before new positions, the authorities leave the hour of war and, first of all, the identity of the individual in the categorical category of citizens, which may imply on this right, in other words, the obviousness of the categorical permission/document for legal crossing of the border.

The lawyers of our company, based on the analysis of what is prescribed by the Law, see the main categories of persons who are entitled to the right to exit and leave:

• women; children up to the 18th century (for boys this time the obligatory manifestation of the attributable age), people of advanced age (over 60 years of age);
• people of the conscript age (18-60 years old), who do not submit to the draft during the hour of mobilization (there is a line at the drop-offs and on the bases, transferred by official legislation), and reservations for in enterprises, to support people with disabilities of group I-II, children in child care, wealthy fathers/children, athletes, volunteers and drivers who are enrolled in the “Ways” system;
• active troops who are going to undergo medical treatment, strategic training, or to undergo release without the permission of the commander;
• diplomatic representatives of other countries, officers of consular posts, etc.

In case of a person's illegal exit from Ukraine (without the relevant authorities), the legal status must be submitted to the proper legislation.

Documents required for legal exit

To legally cross the border, it is important to have the required documents with you, which confirm the person's right and ability to cross. Under normal circumstances, it will be sufficient to provide a valid internal passport, a completed international passport; a diplomatic passport, a seaman's or crew member's identity card.

The list of documents for legal departure for individuals is as follows:

1. an official decision of the State Tax Service on the departure of a person outside Ukraine (for drivers transporting humanitarian aid for the Armed Forces of Ukraine/civilian population of the country);
2. a certified copy of the contract and referral for academic mobility from the relevant higher education institution (for men aged 18-22, who are obtaining a bachelor's degree);
3. a certificate of belonging to a person of I-II disability group and a correctly completed certificate of form No. 157-1/o (for men belonging to the relevant disability group);
4. a court decision on the deprivation of parental rights of the mother of the children obtained in accordance with the procedure prescribed by law, a certificate of a father of many children (for men who are raising children on their own, have three children before they reach the age of 18), and others.

Depending on the group of persons defined in the Rules for Crossing the State Border by Citizens of Ukraine, the list of documents may differ. To be sure, you can always get advice from a lawyer at “Prikhodko & Partners” regarding border crossing.

The most common reasons for refusal to travel abroad

In practice, there are often cases when individuals do not receive a permit from the State Customs Service to cross the state border, even if at first glance they have all the legal grounds. Below, the lawyer of the Law Firm “Prikhodko & Partners” lists the main reasons for such a refusal.

Firstly, there are no mandatory documents, or they are invalid. As already noted earlier, men must be registered for military service and receive a registration certificate before reaching the age of 18, and after reaching the age of majority, update their data, promptly interact with the CCC and the SP. Thus, in our practice, the most common reason for refusal is precisely the lack of a military registration document for boys/men who have grounds for crossing the border.

Secondly, incorrect qualification of the reason for crossing. For example, when a man under 22 years old, studying at a university and getting a master's degree, receives a certificate from the place of study and wishes to cross the border to complete an academic mobility program. He will not be able to obtain a permit if he is not studying for a master's degree in medicine, pharmacy or veterinary medicine.

Finally, an attempt to leave on multiple grounds. If a person understands that he belongs to several of the categories provided for in the Rules for Crossing the State Border, then it would be best to responsibly approach the collection of documents to prove one of them. Since if a person collects half of the documents for one reason and half for the second, then he will not be allowed to cross the border on any of them.

Support from a lawyer from the Law Firm “Prikhodko & Partners” during legal departure from Ukraine

Legal assistance is the key to your peace of mind and confidence in a successful crossing of the state border. Our experienced specialist will be able to provide you with high-quality legal advice on the grounds for crossing the border, determine which one is right for you, guide you through the mandatory documents that will be required to confirm it, and provide further support.

A lawyer from the Law Firm “Prikhodko & Partners” will be able to:

• help collect all the necessary documents for leaving Ukraine, check them for compliance with legal requirements, help with visa processing (if necessary);
• provide a detailed explanation of the procedure, tell you about possible risks and help you avoid them;
• represent your legal rights and interests in the event of any problems when crossing the state border;
• accompany you during your direct departure to help resolve any issues on the spot.

Conclusions. Currently, there are travel restrictions in the country, and they are regulated by law. It is necessary to present an internal or international passport, as well as additional documents confirming the possibility of travel for certain categories of citizens. We recommend that you carefully check all documentation and contact a qualified lawyer for proper advice and assistance.

Contacting a lawyer from the Law Firm “Prikhodko & Partners” will help you avoid unnecessary worries and thoroughly prepare for legal crossing of the state border (if you have legal passports). To receive a consultation, fill out the form below.