Men’s departure abroad based on a reservation – the price of a lawyer’s escort when crossing the border

The full-scale Russian-Ukrainian war has been going on for almost three years. Under martial law, the rights of men of mobilization age to move around Ukraine and travel abroad are significantly limited. According to current legislation, reserved workers can receive a deferment from mobilization. In this article, we will consider the following topical issue: travel abroad of men on the basis of reservation.

Reservation and crossing the state border: what to consider?

The full-scale war has significantly reformatted Ukrainian business. Even in such difficult conditions, Ukrainian enterprises continue to pay taxes, forming the economic rear of our state. However, today the issue of men's travel abroad on the basis of a reservation is not sufficiently regulated. Although, for example, business trips abroad of employees of some categories of enterprises are an important component of their professional activities. We are talking, for example, about expanding long-term international partnerships.

The current legislation states that persons who have a reservation can cross the state border. However, the issue of documents required for travel abroad is not sufficiently regulated. In most cases, to cross the state border you will need:

1. An updated military registration document.
2. A certificate of a person who is on special registration. It can also be an Extract from the order of relevant ministries, in particular, the Ministry of Economy.
3. Documents confirming the purpose of crossing the state border (business trip certificate, extract from the order).
4. Letter of appeal to representatives of the State Border Service. This letter must necessarily indicate that the booked employee is traveling abroad to perform official duties.

Important: the decision to grant permission/denial to cross the border is made directly by representatives of the border service at the checkpoint. Such a decision is based on the study of the legal grounds for crossing the state border.

Please note: in accordance with Part Seven of Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”, the verification of the grounds for deferment from mobilization is carried out by territorial recruitment centers and SP.

That is why, if you are planning to travel abroad, we recommend that you clarify your data in the TCK and SP to enter the latest information into your military registration document.

Professional legal support when crossing the border

First of all, let's note that employees of enterprises important to the state are subject to reservation. Today, the procedure has been somewhat simplified. For example, it is possible to apply for a deferment from mobilization through the "Diya" service. Employees of:

1. Law enforcement agencies.
2. State authorities and local governments.
3. Companies that produce goods to supply the army.
4. Enterprises that are assigned mobilization tasks.
5. Employees of the State Emergency Service.

According to the current reservation rules, enterprises can make reservations for no more than 50% of their military-liable employees. The maximum term is six months with the possibility of extension (for strategically important enterprises - one year).

Only employees who are officially employed and meet the following criteria can be booked:

1. Working on the basis of an employment contract or agreement.
2. Are on military registration.

Important: for individual entrepreneurs, a reservation from mobilization is not issued. The reason is that their specialties are not reflected.

After successfully completing the reservation procedure, a conscript has all the legal rights to cross the state border.

Current Ukrainian legislation provides the following: if representatives of the border service refuse a reserved employee to cross the border, they must justify this decision.

If at the beginning of the full-scale Russian-Ukrainian war this was problematic, now it is a mandatory requirement. And this does not contradict the norms of the law. Border guards are subjects of authority. That is why their decisions should be as clear and unambiguous as possible.

The subsequent consideration of the case will largely depend on the position of the border guards, if, for example, the decision to refuse to cross the state border is appealed in court. Thus, only a decision that is documented can be appealed.

Even if there are all the legal grounds for crossing the state border by reserved employees, there is a high risk of receiving a refusal. To avoid problems, it is better to use the service "legal support when crossing the border". This service is provided by lawyers from our law firm Prykhodko and Partners.

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of lawyer assistance services when crossing the border, fill out the form below.