TRAVELING ABROAD FOR MEN WITH THREE OR MORE CHILDREN

Reading time: 3 min.

The procedure for going abroad for men aged 18 to 60 during martial law on the territory of Ukraine is regulated by the Rules for crossing the state border by citizens of Ukraine, approved by the Decree of the Cabinet of Ministers of Ukraine dated January 27, 1995 № 57 Kyiv (hereinafter referred to as the Rules).

Thus, in accordance with paragraph 26 of the Rules, in the event of a state of emergency or martial law being introduced on the territory of Ukraine, the right to cross the state border, in addition to the persons specified in paragraphs 21 and 22 of these Rules, also has other persons liable for military service who are not subject to conscription for military service during mobilization . This rule does not apply to persons specified in paragraphs two to eight of part three of Article 23 of the Law of Ukraine "On mobilization training and mobilization" (hereinafter referred to as the Law).

In particular, the fourth paragraph of Art. 23 of the Law of Ukraine "On mobilization training and mobilization" establishes that women and men who have three or more children under 18 years of age are not subject to conscription during mobilization.

In view of the above, it becomes clear that those liable for military service who support three or more children under the age of 18 have the right to cross the state border during martial law in Ukraine.

I emphasize that the key is the very presence of three or more dependent children under the age of 18, that is, it is even possible that a person liable for military service is married and has only one of his own children, and two others, his wife’s own children, because the key is maintenance of children, not the fact of paternity.

The State Border Service of Ukraine noted that the determining factor is not paternity, but the maintenance of three or more children. Therefore, in order to cross the border on this basis, it is necessary to provide supporting documents for the maintenance of three or more children under 18 years of age.

Such documents can be:

birth certificates of children (three or more);
court decision on divorce and determination of the place of residence of children with their father;
a court decision on divorce and a decision of the guardianship and guardianship authority on determining the place of residence of children with their father;
certificate of the father of a large family.

If a man does not live in the same family with his child (children), it is necessary to provide evidence of the maintenance of such a child (children) (a court decision on the appointment of alimony for the maintenance of a child (children) and a certificate from the executive service about the absence of debt in paying alimony, the amount of payment such alimony, etc.).

At the same time, I draw your attention to the fact that for a person liable for military service who is the father of three or more children, it is possible to cross the border without children, if there is a birth certificate for children (three or more) or their notarized copies.

I also note that there is no legislative norm establishing the number of such trips on the basis indicated above, that is, as long as such grounds exist, you can leave an unlimited number of times.