Liability for illegal border crossing in wartime

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Liability for illegal border crossing in wartime

Reading time: 3 min.

Despite the fact that martial law was declared in Ukraine more than 2 years ago, there are still willing men of conscription age who try to cross the state border of Ukraine without legal grounds. In this article, our experts - lawyers Prykhodko and Partners will tell you what responsibility the current legislation provides for illegal border crossing during wartime.

 

Legislative basis of the issue: administrative and criminal liability for illegal border crossing

If men aged 18-60 cross the state border without legal grounds, administrative and criminal liability is provided. It depends on each specific case.

Among the articles of current Ukrainian legislation, which provide for punishment for illegal border crossing:

  • Article 358 of the Criminal Code of Ukraine

This article deals with the forgery of documents for crossing the border. Most often, they falsify the conclusions of the VLK. This article provides for the following liability - fines or restriction of freedom.

  • Article 369 of the Criminal Code of Ukraine

This article is about the promise/offer/giving of undue benefit to representatives of law enforcement agencies, officials.

Most often, they try to give bribes to representatives of the border guard for illegal crossing of the border.

Please note: the illegal passage of a person across the border involves liability regardless of whether the person managed to cross the border or not.

The liability provided for in this article is fines, imprisonment for a term of four years or more.

  • Article 336 of the Criminal Code of Ukraine

In some cases, illegal border crossing can be interpreted as evasion of mobilization. This is due to the fact that, in most cases, men between the ages of 18 and 60 try to leave Ukraine precisely in order not to be mobilized. Liability - deprivation of liberty for a term of two to five years.

Therefore, the punishment for illegal border crossing can be a fine, restriction/deprivation of liberty. Everything depends on each specific case and the incriminated article.

 

Consultation of professional lawyers on legal grounds for crossing the border

Based on the above, it is worth noting the following: illegal border crossing under martial law is a serious violation of current legislation, which entails a number of serious legal consequences. That is why you should not even try to cross the state border without the appropriate grounds.

Lawyers Prykhodko and Partners specialize in issues of legal border crossing during military time. In particular, we provide consultations 24/7, and also accompany our clients when crossing the state border.

Our lawyers on matters related to the legal crossing of the border are specialized specialists. They know the entire legislative and regulatory framework for leaving Ukraine on legal grounds. We will help collect documents to confirm the right to leave and will accompany you directly to the border. If necessary, we can appeal the refusal to cross the state border. By the way, about the last one. Even in situations where there are all the legal grounds for crossing the border and the documents confirming it, the border guards can refuse the man to cross the border. At the same time, representatives of the border service must provide a written decision on the grounds for refusal to cross the state border.

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