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Clarification of the procedure for crossing the border with the military

Разъяснение порядка пересечения границы военнообязанными

The Law of Ukraine “On Mobilization Preparation and Mobilization” of October 21, 1993 (part 6 of Article 22) stipulates that citizens who are on military registration, from the moment the mobilization is announced, are prohibited from changing their place of residence without the permission of the official specified in part 3 of this articles, which are, in particular, the heads of bodies where they are registered.

The provisions of Article 33 of the Basic Law of the State stipulate that everyone who is legally located on the territory of Ukraine is guaranteed freedom of movement, free choice of place of residence and, in particular, the right to freely leave the territory of Ukraine.

At the same time, the provisions of the Constitution of Ukraine note that in cases provided for by law, a person may be limited in the exercise of the above rights and freedoms.

Consequently, a person’s right to travel abroad freely may be limited in the presence of such circumstances as are determined by law. Such circumstances may be a ban on traveling abroad on the basis of a court decision, as well as the execution of a law enforcement order during a pre-trial and judicial investigation against a person who is wanted. The search for a person is carried out on the basis of the Code of Criminal Procedure of Ukraine (Article 281).

According to the provisions of this article, a person is wanted by an investigator or prosecutor if she is suspected of a crime and her whereabouts are unknown during the pre-trial investigation. It should be noted that a separate decision is made on the announcement of the search if the pre-trial investigation does not stop, or if the decision to suspend the preliminary investigation, if such a decision is taken, information about registration in the Unified Register of pre-trial investigations is indicated.

We want to emphasize that article 336 of the Criminal Code of Ukraine defines as a criminal offense evasion of mobilization and provides for this punishment in the form of imprisonment for a term of two to five years.

However, to prohibit the departure of such a person from Ukraine, an open criminal proceeding is required in which a person who evades mobilization and who is notified of suspicion is wanted on the basis of a decision of a prosecutor or investigator.

Therefore, Ukrainian citizens who are subject to mobilization can freely cross the state border and are not required to present a single supporting document issued by the accounting authority, provided that it has not been instituted under criminal law and put on the wanted list.

In addition, January 30, 2015 The President of Ukraine issued Decree No. 40/2015 “On Additional Measures to Ensure Partial Mobilization in 2015”, which was tasked with working out the issue of legislative regulation of the procedure for traveling abroad of Ukrainian citizens subject to military service for mobilization, for a special period, and for the results to make the appropriate proposals in the prescribed manner.

That is, only after the adoption by the Verkhovna Rada of Ukraine of a law by which amendments will be made to the Law of Ukraine “On the Procedure for the Departure of Ukraine and Entry into Ukraine of Ukrainian Citizens” and entry into legal force only after its official publication, for persons subject to mobilization, The procedure for crossing the state border may be complicated.

We shall inform you immediately of any further changes in the legislative regulation of this issue!