Legal grounds for men to cross the border

Ukraine is still at war, so the country is under martial law, which restricts the ability of men aged 18 to 60 to leave the territory. However, there are certain exceptions to this rule.

It is possible to cross the state border in the cases clearly defined in the Decree of the CMU of January 27, 1995 № 57 "On approval of the Rules for crossing the state border by citizens of Ukraine."

In this article, we will briefly talk about the main grounds for dismissal during martial law.

Such reasons can be:

Husband's departure due to health:

• a person removed from military registration on the basis of a decision of the Military Medical Commission on unfitness for military service with exclusion from military registration
• persons recognized according to the established procedure as persons with disabilities or, according to the opinion of the military medical commission, temporarily unfit for military service due to their health for a period of up to six months (with subsequent passing of the military medical commission).

It should be emphasized that persons with disabilities are considered disabled persons of I, II and III groups and the list of documents for this category of persons is exhaustive.

Departure of men with three or more dependent children under the age of 18.

The main criterion is not the fact of parentage, but the maintenance of such children. So, if the man confirms this fact with relevant documents, he will have the right to leave.

Departure of men who independently raise a child (children) under the age of 18.

For a man who raises a child on his own and wants to cross the border, it is necessary to have appropriate documents that confirm his right to such a procedure, it can be both a court decision on the deprivation of the mother's parental rights and a death certificate.

In general, this list of documents is not legally defined, and therefore it is necessary to take into account practical points and clarifications of the State Security Service on this issue.

It is also possible for men accompanying their parents, child or spouse with disabilities to leave.

For parents or parents of a spouse (husband) from among persons with disabilities of the I-II groups, the list of documents is slightly different from the documents for accompanying a disabled spouse, as well as the category of the disability group. Because for the parents it is group I-II, and for the wife it is any group of disability.

Departure of men who accompany persons with disabilities I-II, or persons who need constant care, or are guardians of a disabled person.

Departure of male military servicemen who go for treatment as a result of war injuries

In this case, the basic and main document for crossing the border will be a letter from the Ministry of Health on a list of persons agreed with a foreign party that health care institutions of foreign countries can accept for treatment abroad and a conclusion on the need to refer a person for treatment abroad.

Departure of men permanently living abroad

In the presence of relevant marks in the passport document, according to Art. 4 of the Law "On the procedure for leaving Ukraine and entering the city of of Ukraine".

Departure of men who are booked by enterprises

The main documents are: an extract from the order of the Ministry of Economy (in accordance with paragraph 5 of the resolution of the Cabinet of Ministers of Ukraine dated 03.03.2022 № 194) and documents on the business trip of such a person abroad.

Departure of male drivers, volunteers

Departure of male sailors

In cases where they are heading for:

• work in the crews of sea vessels or inland navigation vessels;
• passing practical training for such work.

Departure of railwaymen

The decision to leave Ukraine is made for a period of no more than six months on the basis of letters from railway transport enterprises.

Departure of athletes

Supporting documents can be the decision of the Ministry of Youth and Sports regarding the inclusion of participants in a sports event and/or a sports competition, or a letter from the Minister of Youth and Sports, or in his absence - the person performing his duties, to the State Border Service regarding the participation of the specified persons in the sports event and/or sports competition and crossing the state border by the relevant persons.

If you need more detailed advice on crossing the border, contact the "Prikhodko&Partners" law firm and we will be happy to provide you with our professional assistance.