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Clarification of the procedure for crossing the border by military service

Разъяснение порядка пересечения границы военнообязанными

The Law of Ukraine “On mobilization preparation and mobilization” of October 21, 1993 (Part 6 of Article 22) provides that citizens who are registered with military service, from the moment of the announcement of mobilization, are prohibited to change their place of residence without the permission of an official specified in part 3 of this articles which are, in particular, the heads of the bodies where they are registered.

The provisions of Article 33 of the Basic Law of the state stipulate that everyone who legally resides in 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 state that in cases provided by law, a person may be restricted in the exercise of the above rights and freedoms.

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

According to the norms of this article, the announcement of a person on a wanted list is carried out by the investigator or prosecutor if she is suspected of committing a crime and during the pretrial investigation her whereabouts are unknown. It should be noted that a separate decision is issued on the announcement of the search if the pretrial investigation does not stop, or is specified in the decision to suspend the preliminary investigation, if such a decision is taken, information on registration in the Unified Register of Pretrial Investigations.

We would like to emphasize that Article 336 of the Criminal Code of Ukraine defines, by a criminal offense, evasion of mobilization appeal and provides for this punishment in the form of imprisonment for a term of two to five years.

However, to prohibit such a person from leaving Ukraine, it is necessary to have open criminal proceedings in which a person who evades mobilization and who is informed of the suspicion is declared wanted by the decision of the prosecutor or investigator.

Therefore, citizens of Ukraine, who are to be mobilized, are free to cross the state border and are not required to submit any supporting document issued by the registering authority, provided that they are not criminalized according to the procedure established by law and not wanted.

In addition, January 30, 2015. The President of Ukraine issued Decree No. 40/2015 “On Additional Measures to Ensure Partial Mobilization in 2015”, which are entrusted to work out the issue of legislative regulation of the procedure for the departure of citizens of Ukraine who are subject to military service for mobilization for a special period and the results to make in the prescribed manner the relevant proposals.

That is, only after the adoption by the Verkhovna Rada of Ukraine of the law, which will be amended in the Law of Ukraine "On the procedure for leaving Ukraine and entering Ukrainian citizens in Ukraine", and entering into legal force that occurs only after its official publication, for persons to be mobilized, the procedure for crossing the state border may be complicated.

We will inform you about any further changes in the legislative regulation of this issue!