Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
Accompanying a lawyer at the border when crossing the border legally
With the beginning of a full-scale war on the territory of Ukraine, the Cabinet of Ministers made changes to the Rules for crossing the state border by citizens of Ukraine. According to these changes, travel is limited to men aged 18 to 60 years. The main purpose of such a ban is the implementation of measures of the general legal regime provided for by the introduction of martial law. It should be noted, however, that this prohibition is not absolute. If you have legal grounds for traveling outside Ukraine, PRIKHODKO & PARTNERS lawyers provide such a service as escorting a lawyer when crossing the border.
We provide all kinds of support to our clients in legally crossing the border, including escorting directly to the checkpoint. In this article, we propose to consider the legal grounds for crossing the border, including:
- Unsuitability for military service (disability).
- Tutelage.
- Many children.
What is the responsibility for illegal exit from Ukraine?
Wartime and illegal border crossing is one of the offenses associated with violation of the rules for crossing the border or with the very fact of crossing the border by a person who does not have the right to do so (i.e. men aged 18-60 years, without legal grounds for leaving).
In wartime, illegal border crossing entails administrative and criminal liability. It all depends on each specific case.
Depending on the methods of illegal crossing of the border of Ukraine and the existing circumstances, criminal liability arises under the following articles:
- Article 358 of the Criminal Code of Ukraine
This article provides for liability for forgery of documents, letterheads, stamps, sale/use of counterfeit documents, stamps, seals.
Thus, criminal liability under Article 358 of the Criminal Code of Ukraine occurs in cases where a person used fake documents to cross the state border (for example, a passport with a different year of birth, fake documents from medical institutions declaring a person disabled, etc.). Offenders may face fines or restrictions on freedom.
- Article 369 of the Criminal Code of Ukraine
This article deals with the promise, offer or provision of an unlawful demand to an official.
Responsibility under this article arises in cases where a border crossing person tries to bribe representatives of the border service. Important: responsibility comes even for an offer to give a bribe. That is, it does not matter at all whether the border guard took this bribe or not. Acts under this article are punishable by fines or imprisonment for up to 4 years.
- Article 336 of the Criminal Code of Ukraine
This article provides for liability for draft evasion during general mobilization. Punishment under this article occurs most often.
Other ways to cross the border include:
- Crossing the state border outside the checkpoints (across the river, forest, in the trunk of a car, etc.).
- Providing other people’s documents in the process of crossing the border and disguising one’s own appearance (for example, with the documents of a woman).
These actions in most cases are subject to administrative liability and provide for penalties or administrative arrest. That is why it is better not to risk and cross the border only if there are legal grounds.
Which categories of men are eligible to legally cross the border?
Men of military age can legally cross the state border of Ukraine:
- Recognition unfit for military service for health reasons.
- Permanently reside outside Ukraine.
- Applicants for higher education in foreign educational institutions (full-time education).
- Men with disabilities.
- Men who take care of and accompany persons with disabilities.
- Men are parents of many children (who have three or more children).
If you need an accompaniment of a lawyer at the border when crossing it legally, please contact the lawyers of PRIKHODKO & PARTNERS. Do you need help in preparing a package of documents for traveling outside Ukraine? We can resolve this issue. If, for example, you have been denied permission to cross the border without specific grounds, our lawyers are able to appeal against such a decision.
Looking forward to your consultation! To calculate the price of the service of escorting a lawyer when crossing the border, fill out the form below.
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