REMOVAL FROM MILITARY REGISTER DURING MARIAL STATE IN CONNECTION WITH LEAVING ABROAD FOR PERMANENT RESIDENCEОЯННОЕ МЕСТО ПРОЖИВАНИЯ

Today, a large number of Ukrainians, including those of military age, have the appropriate legal status, which provides the opportunity to permanently reside in a particular country abroad, which is confirmed by a document - a type of permanent residence. Such a document is the basis for applying to the relevant territorial department of the State Migration Service of Ukraine for processing documents for traveling abroad for permanent residence, which, in turn, provides for the deregistration of the person concerned.

Please note that deregistration from military registration when traveling abroad and obtaining a certificate of deregistration from military registration at the relevant Territorial Center for Recruitment and Social Support (hereinafter referred to as "TCC and SP" or "military enlistment office") during martial law is a possible process , but with proper legal support.

Thus, according to the clarification of the State Border Guard Service of Ukraine, male citizens of Ukraine aged 18 to 60 who have legal grounds for permanent residence abroad can cross the border and travel outside Ukraine, including during martial law, if they have the appropriate marks. in the passport document. In accordance with the Law of Ukraine “On the Procedure for Departure from Ukraine and Entry into Ukraine of Citizens of Ukraine”, the corresponding marks in the passport document can be:

• for persons traveling for the first time - a stamp on registration of travel abroad for permanent residence;
• for persons permanently residing abroad - a stamp on registration of departure abroad for permanent residence and a mark (stamp) on permanent consular registration in a foreign diplomatic institution of Ukraine or the stay of such a citizen on permanent consular registration is confirmed by a certificate of consular registration, which is formed using the means of the departmental information system of the Ministry of Foreign Affairs of Ukraine.

At the same time, in order to de-register their place of residence in Ukraine and obtain the aforementioned mark in the passport, male citizens of Ukraine aged 18 to 60 years old must first go through the procedure for de-registration in the relevant TCC and SP and obtain the appropriate document.

Otherwise, without deregistration in the military registrar of the Center for the provision of administrative services will not carry out deregistration from your registered place of residence.

Now it is necessary to pay more attention to the legislation in the field of military law. Thus, military registration, removal and exclusion from it is regulated by the Law of Ukraine “On military duty and military service”. Thus, in accordance with part four of Article 37 of the said Law, in wartime it is prohibited to leave conscripts, persons liable for military service and reservists from their place of residence without the permission of the head of the relevant district (city) territorial center for recruitment and social support (conscripts and reservists of the Security Service of Ukraine), the foreign service intelligence of Ukraine - without the permission of the relevant head).

Thus, the problem lies in the fact that, at first glance, the permission or prohibition of a change of residence during martial law is the exclusive competence of the head of the relevant military registration and enlistment office.

That is why, at the time of the current situation in the country, the applicant may face exceeding the powers of authorized persons, starting with receiving an unreasonable refusal to apply for removal from military registration for traveling abroad, ending with a call for military service on the basis of mobilization measures.

Therefore, taking into account our personal experience and the experience of our clients, before applying to the relevant TCC and joint venture for deregistration in order to travel abroad during martial law, the person concerned needs to enlist the legal support of professionals in their field.

This is exactly what we, the specialists of migration law of Prikhodko & Partners Law Company, will help you with and will ensure that you obtain the necessary result by removing from the military registration and obtaining the necessary document - a certificate of deregistration of a person traveling abroad for a permanent place. accommodation.