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Clarification of the procedure for crossing the border by military liable

Разъяснение порядка пересечения границы военнообязанными

The Law of Ukraine "On Mobilization Preparation and Mobilization" of October 21, 1993 (Part 6 Article 22) provides that citizens who are on military registration from the moment of announcement of mobilization 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 present 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 noted that in cases provided for by law, a person may be restricted in the exercise of the rights and freedoms indicated above.

Consequently, a person's right to freely travel abroad may be restricted in the presence of such circumstances as determined by law. Such circumstances may be a ban on traveling abroad on the basis of a court decision, as well as the fulfillment of instructions of law enforcement agencies during pre-trial and judicial investigations against a person who is wanted. 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 person is wanted by the investigator or the prosecutor if she is suspected of committing a crime, and her location is unknown during the pre-trial investigation. It should be noted that a separate resolution is issued on the announcement of the search, if the pre-trial investigation does not stop or is indicated in the decision to suspend the preliminary investigation, if such decision is taken, information on registration in the Unified Register of Pre-Trial Investigations.

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

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

Therefore, citizens of Ukraine who are subject to mobilization can freely cross the state border and are not obliged to produce any supporting document issued by the registration body, provided that they are not instituted in accordance with the criminal procedure established by law and not put on the wanted list.

In addition, on January 30, 2015, The President of Ukraine issued Decree No. 40/2015 "On Additional Measures to Ensure the Conduct of Partial Mobilization in 2015", which is entrusted to work out the issue of legislative regulation of the procedure for the departure of citizens of Ukraine, who are recruited for military service for mobilization, for a special period, and for the relevant proposals in the established order.

That is, only after the Verkhovna Rada of Ukraine passed a law amending the Law of Ukraine "On the procedure for leaving Ukraine and entry into Ukraine of Ukrainian citizens" and entering into legal force only after its official publication, for persons to be mobilized, the procedure for crossing the state border may be complicated.

About any further changes in the legislative regulation of this issue, we immediately notify you!