Since February 24, 2022, martial law has been in effect in Ukraine related to the full-scale invasion of Russia. From that day on, the departure of men aged 18 to 60 from Ukraine was restricted. However, not all men in this age group are banned from traveling abroad. The right to cross the border has, first of all, men who have an exemption from conscription for military service or are not fit for service for health reasons.
However, very often representatives of the State Border Guard Service of Ukraine do not take into account the existence of grounds for crossing the border. The main argument is the martial law in Ukraine and the restriction of the constitutional rights of citizens. For a hassle-free border crossing, it is best to use the help of specialists. PRIKHODKO & PARTNERS lawyers provide legal support for Ukrainian citizens when crossing the border legally.
Important: we are talking about a legal crossing of the border, if there are grounds defined by modern Ukrainian legislation.
There is a whole list of legal reasons for men to go abroad. We will consider these legal reasons for crossing the border in this article.
Why can they refuse to cross the border on legal grounds?
The decision to cross the state border of Ukraine is made by the checkpoint inspector. After the person is identified, the grounds and documents for crossing the border are checked, an appropriate decision is provided. If the checkpoint inspector concludes that the man does not have the right to leave Ukraine, he must substantiate the reasons for such refusal without fail. Among the main reasons, in addition to subjectivity, is the lack of a complete package of documents allowing them to go abroad.
If the refusal to cross the state border is illegal, it can be appealed in the manner prescribed by the current Ukrainian legislation. You can, for example, file a claim with the District Administrative Court. To do this, it is better to use the help of professional lawyers-representatives.
Legal grounds for crossing the border during martial law
During martial law, the following are not subject to mobilization:
- Men with health problems (citizens with disabilities of groups I-III, unfit for military service in accordance with the decision of the VLK (military medical commission).
- Men who have a deferral for family reasons:
- The man is dependent on three or more children under the age of 18 years.
- A man has the status of a single father or is raising a child with a disability.
- Men are adoptive parents, guardians, adoptive parents, etc.
- Men who care for a sick wife or close relatives (have official documents – confirmation).
In addition, the following can legally cross the border:
- Employees of certain bodies (military units, Armed Forces of Ukraine, SBU, National Guard, etc.).
- Students and teachers.
- Men whose close relatives died during martial law.
Temporarily not subject to mobilization:
- Citizens who received a deferment for health reasons from the VLK. The maximum term is 6 months.
- Citizens who have already completed military service by conscription and were transferred to the reserve (term – within 6 months from the date of dismissal from service).
What documents are required to cross the border? First of all, this is a passport of a citizen of Ukraine and a foreign passport; certificate from the military registration and enlistment office on the deferment from mobilization; documents that allow a man to legally cross the border (certificate of disability, documents confirming having many children, etc.).
Assistance of PRIKHODKO & PARTNERS lawyers when crossing the border legally
PRIKHODKO & PARTNERS lawyers specialize in legal support for Ukrainian citizens when crossing the border legally. If necessary, we will appeal the refusal to cross the border.
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