Traveling abroad during martial law – accompanied by a lawyer when crossing the state border

In the third year of the full-scale war, certain changes were made related to the departure of men abroad. Let's start with the fact that the conditions of general mobilization continue to apply. This means that the travel abroad during martial law is limited for conscripted men. In this article, our experts, lawyers Prykhodko and Partners will tell what changes were made in 2024.

Legislative framework of the issue

From February 24, 2022, the rules for crossing the state border by men of mobilization age (ie, 18-60 years old) have changed significantly. This issue is regulated by a number of legislative acts, including:

1. Laws of Ukraine "On mobilization and mobilization training", "On the procedure for departure of citizens of Ukraine".
2. Resolution of the Cabinet of Ministers No. 57.

Going abroad: which groups of men have the right to do so?

According to current Ukrainian legislation, during martial law, some categories of men have the right to travel abroad. Let's consider these categories in more detail.

First, men who have the right to cross the state border due to their health. It is about undergoing rehabilitation or treatment. Secondly, men who are studying abroad on a full-time basis have the right to leave (their age must not exceed 22 years, a deferment is granted for six months (1 semester of study). Thirdly, the right to legally cross the border is available to men who It is also worth noting that representatives of certain professions can go abroad: employees of the diplomatic service, cultural figures, sailors, etc. There are 20 categories of men who have the right to legally cross the state border.

At the same time, the final decision on going abroad is made by representatives of the border service.

Liability for illegal border crossing

According to the current Ukrainian legislation, the illegal crossing of the state border is accompanied by administrative or criminal liability. Everything depends on each specific case. For example, if a person uses forged documents to implement a plan to cross the border illegally (a passport with the wrong age, false conclusions of the VLK), such a person faces criminal liability, according to Article 358 of the Criminal Code.

Assistance of lawyers when crossing the border

Even if you have all the grounds to legally cross the border, this does not mean that you will not have difficulties traveling abroad. That is why it is better to use the help of a professional lawyer.

For example, consider such an issue as a package of documents that will be needed to legally cross the border. Today, the rules for traveling abroad change quite often. Accordingly, the list of documents also changes. That is why it is better to collect it immediately before you plan to go abroad. Each case is individual and requires a special approach.

Our lawyers, specialists Prykhodko and Partners specialize in issues related to mobilization. We will be able to advise you on the grounds for legal border crossing. In addition, our lawyers provide support when crossing the state border and, if necessary, appeal against the refusal to leave Ukraine.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services for accompanying the crossing of the state border, fill out the form below.