How can a conscript go abroad? Who can leave Ukraine and what documents are required? Legal border crossing during martial law and mobilization

• Why conscripts are restricted from traveling abroad
• Conscripts who can go abroad due to their health
• Conscripts who can leave Ukraine for family reasons
• Conscripts who can legally cross the border of Ukraine due to their profession or occupation
• Conscripts who can legally leave the territory of Ukraine when moving to other countries for permanent residence

Why conscripts are restricted from traveling abroad

In connection with the introduction of martial law in Ukraine, or more precisely, the legal regime of martial law in accordance with the Decree of the President of Ukraine No. 64 "On the introduction of martial law in Ukraine" dated February 24, 2022, some constitutional rights and freedoms of a person and a citizen were restricted, including travel outside of Ukraine. These restrictions were foreseen in advance by the requirements of the Law of Ukraine "On the Legal Regime of Martial Law" and they apply to certain categories of persons, namely:

• • men (only citizens of Ukraine, aged 18 to 60)
• • women (only conscripts)

However, these restrictions do not apply to conscripts, who, according to Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", are not subject to conscription for military service during mobilization - and this is a fairly clear and understandable list of categories of conscripts who can go abroad if they have and present supporting documents. For simplification, these conscripts who can go abroad can be conditionally divided into the following groups:

• • according to the state of health
• • according to family circumstances
• • by profession or occupation

In almost all cases, it is necessary to take care in advance of the presence of the reason or purpose of going abroad, documents confirming this and clear and understandable correspondence to a specific category of conscripts, who are not limited in the right to leave. We draw your attention to the fact that some confirming documents can be valid only temporarily, even if it is not written on them, that is, after receiving a certificate, written approval or travel documents, you should not delay going abroad if possible. Even if you are the father of three children, you should take into account that children grow up quickly, and when the oldest of them turns 18, this opportunity will no longer exist.

Conscripts who can go abroad due to their health

If a conscript is recognized as a person with a disability in accordance with the established procedure or, according to the conclusion of the military medical commission, is temporarily unfit for military service due to his health, then he can go abroad.

Regarding the relevant conclusions of the military medical commission - on our website there is an excellent article on this topic, which provides a list of diseases exempting from service in the army, as well as other, no less useful information. The activity of the military medical commission is regulated by the order of the Ministry of Defense of Ukraine No. 402 "On the approval of the Regulation on military medical examination in the Armed Forces of Ukraine" - we suggest that you carefully read this order on occasion, there are various nuances regarding the work of the VLK, for example, an explanation about the temporary unfit for military service or complete unfitness with exclusion from military registration. In their list are mostly rather severe diseases with significant violations of the body's functions, with which it is problematic not only to serve, but also to take care of oneself independently. But, if the conscript has a real illness, we sympathize, but we advise you to familiarize yourself with this order and its additional provisions on the subject of the fact that it is quite possible that a reason will be found for at least temporary unfitness for military service - and then you can go abroad, for the purpose of treatment, for example. And another interesting nuance - the temporary ineligibility has a real validity period, which is set by the VLK, and it can be, for example, 2 months, after which you have to pass the commission again, so it is advisable to plan your trip abroad and return with this deadline in mind.

To cross the border, in addition to a foreign or diplomatic, service passport or seaman's identity card or crew member's card, you will also need:

• • documents confirming disability (more precisely, the group and cause of disability are indicated), and this can be a certificate confirming the relevant status, a pension certificate, a certificate confirming the appointment of social assistance
• • a certificate for receiving benefits by persons with disabilities who are not entitled to a pension or social assistance
• • a certificate of unfitness from the military medical commission

It should be noted that documents and certificates must be valid, conform to the forms approved by the relevant ministries and have no signs of forgery or other defects. And it is better to have the original of these documents immediately with notarized copies.

If you are hesitating about having a sufficient list of documents, or if you need advice on going abroad during the legal regime of martial law due to your health, or you are simply interested in the practical side of this issue - contact the Alibi law firm!

Conscripts who can leave Ukraine for family reasons

Opportunity to leave Ukraine due to family circumstances is available to conscripts who, first of all, are obliged to take care of someone from their loved ones, who, in turn, are unable to take care of themselves temporarily or permanently due to age, illness or disability . This is quite humane, given the circumstances, and many use this perfectly acceptable right to leave Ukraine during the war. The law provides for a clear list of persons from this group who are not restricted in their right to leave Ukraine.

Parents with many children

If a man or woman has three or more dependent children under the age of 18, they have the right to leave Ukraine, but they must also provide supporting documents, such as:

- certificate of parents of a large family
- birth certificate of children (three or more) or medical birth certificate in form No. 103/o)
- a certificate of marriage registration with the mother of children (three or more) or a court decision regarding divorce and determining the place of residence of the children with the father or a written agreement between the parents on the residence of the children with the father (indicating participation in upbringing)

One parent raising a child independently

If due to the death, disappearance, divorce or deprivation of parental rights of one of the parents, a child under the age of 18 remains in the care of another, then such a conscript has the opportunity to leave Ukraine, if relevant documents confirming these facts are provided . For example:

- child's birth certificate
- a death certificate of the child's mother or a court decision to recognize the missing person as missing or to deprive the mother of her parental rights or to divorce the father with the determination of the place of residence

Parents raising a child with a disability

If parents or guardians/custodians/adoptive parents/parents-educators are raising a child with a disability who has not reached the age of 18, they also have the right to leave Ukraine, if documents confirming the child's disability are provided:

- a certificate confirming the appointment of social assistance with the category "child with disabilities"
- certificate of receipt of state social assistance for children with disabilities
- individual rehabilitation program for a child with disabilities
- medical opinion about a child with a disability

As well as documents confirming their relationship with this child, which can be both a birth certificate and other documents confirming family ties or the relevant authority of a person (for example, guardian, custodian, adoptive parents or parents-educators) when accompanied by a child with a disability.

Parents raising a child with a serious illness

If parents or guardians/guardians/adoptive parents/parents-educators raise a child suffering from a serious illness (damages of the nervous system, developmental disabilities, oncological diseases, cerebral palsy, mental disorders, etc.), who is under 18 years old and has not been diagnosed disability, then they also have the right to leave Ukraine, if documents are provided that confirm the illness and parental or family ties or the relevant authority of the person - everything is approximately the same as in the previous paragraph, but instead of documents confirming disability, documents are required that confirm a serious illness. This can be a document issued by the medical advisory board of a health care facility or a certificate of receipt of state aid for such a child issued by the social protection division.

Parents supporting a child with a disability of group I or II

This category does not include the natural father of a child with a disability, but he married the mother of a child with a disability. In this case, it is necessary to provide documents regarding the child's disability, his birth certificate, as well as a certificate of marriage registration with the child's mother.

Persons engaged in constant care of a sick relative

A conscript who is engaged in constant care of his wife/husband, child or parents (his own or his wife/husband) has the right to leave Ukraine, if there is a conclusion of a medical and social expert commission or a medical advisory commission regarding the need for constant care. It is necessary to provide documents that confirm this, for example, a certificate on receiving compensation for a person engaged in such permanent care (provided at the place of residence) or a certificate from the Ministry of Health and Welfare or a corresponding court decision.

Persons who have a spouse (husband) from among persons with disabilities or one of their parents or the parents of a wife (husband) from among persons with disabilities of group I or II

In the case of conscripts caring for a spouse, it is sufficient to provide documents confirming disability and family ties, and in the case of caring for parents, additional documents confirming cohabitation with them must be provided. These are either documents with a joint declared or registered place of residence (residence), or an act of establishing the fact of providing care or other documents, certificates or certificates related to receiving compensation, assistance or an allowance for this care.

Persons who provide permanent care for a person with a disability of group I or II

This case is almost the same as the previous one - only a document confirming family ties is not required, but documents on receiving compensation (benefits, allowances) for such care are required. These can be certificates or certificates, as well as an act of establishing the fact of providing care

Guardians of a person with a disability recognized by the court as incapable (also engaged in constant care of a person with a disability of group I or 2 or requiring constant care) - in the absence of other persons who can provide such care

Conscripts of this group must provide documentary evidence for each word in the name of the category - if a guardian, then a document confirming guardianship, if engaged in permanent care - then a certificate of receipt of compensation for a person engaged in permanent care of persons in need , or a court decision or MSEK certificate. There is a disability - you need a document that confirms it, there is a need for constant care - you need a document, for example, a conclusion of a medical and social expert commission or a medical advisory commission of a health care institution that confirms the need for constant care. If the guardianship of an incapacitated person requires a court decision to recognize the incapacitated person, etc.

Persons with children, whose wife/husband is already in military service

If there is a child under 18 in the family, and the wife or husband of a conscript is already in military service (mobilized, under contract or simply a cadet of a military educational institution/faculty/department/department) - there is an opportunity to leave of Ukraine upon presentation of a birth certificate, a marriage registration certificate and a document confirming the military service of the wife/husband.

When leaving Ukraine for family reasons, it is usually the most difficult to prepare and collect documents certifying this or that case and which will be sufficient to confirm the right to leave Ukraine during martial law. In this case, a consultation with the legal company "Alibi" before the trip will be very appropriate - you can make sure you have the necessary documents or get information about the missing certificate and where it can be obtained. If more in-depth work is needed, for example, search by registers or attorney requests - this is not a problem.

Conscripts who can legally cross the border of Ukraine due to their profession or occupation

For conscripts, it is possible to legally cross the border if they belong to a category whose profession, position, activity or occupation is defined as one for which there is no restriction on departure, in the presence of relevant documents, official necessity or other confirmations.

Mostly these are employees of railway transport, aviation personnel and crews of sea vessels - as a rule, they are provided with all the necessary documents for crossing the border, for example, a copy of the concluded employment contract (contract), official confirmation of membership in the relevant structure, travel orders, etc. In some cases, military registration documents with the appropriate markings of the territorial recruitment and social support center (military commissariat), seaman's identity card, etc. are required.

Regarding persons booked for the period of mobilization by state authorities, other state bodies, local self-government bodies, as well as by enterprises, institutions and organizations - there is also an excellent article about such booking on our website "Deferral from mobilization, release from mobilization. Reservation: grounds and procedure" - such conscripts will need a certificate of postponement of conscription (reservation) and documents on business trip from the relevant body, enterprise, institution or organization. This list can also include conscripts who are scientific or scientific-pedagogical or pedagogical workers, if they have an academic title and/or a scientific degree, work, respectively, in educational institutions, scientific institutions and organizations at the main place of work for at least 0.75 rate - they need the same list of documents to cross the border.

Drivers who are conscripted, but work for business entities that have a license for the right to carry out business activities in the international transportation of goods and passengers by road transport - are allowed to cross the border if there is information about this person in the information system of Ukrtransbezpeka. We are talking about the "Shlyah" system, which is used by the State Border Service to make decisions about border crossing by drivers. Drivers of vehicles transporting medical and humanitarian goods for the needs of the Armed Forces or the population of Ukraine are also a separate category. In addition to the availability of information about these persons in the "Path" system, a corresponding decision on leaving Ukraine and compliance with the rules for crossing the state border of Ukraine is also required. These decisions can be obtained by applying to the Ministry of Infrastructure or to the regional military administrations, substantiating and agreeing the information on the number of vehicles and the volume of cargo calculated according to the letters provided by bodies, enterprises, institutions and organizations, as well as military, law enforcement and medical institutions or other senders or recipients of humanitarian aid.

Sportsmen who are conscripted can go abroad to participate in official international sports competitions or educational and training meetings. These athletes must be included in the national national teams of Ukraine in Olympic, non-Olympic sports or sports for persons with disabilities and have supporting documents for participation in these competitions or meetings. This all also applies to coaches who provide training for these athletes, as well as sports referees and specialists, who are tasked with organizational, scientific-methodical, medical support, anti-doping control, etc. Athletes, coaches and sports professionals who are included in the teams of sports clubs of the highest divisions in game sports can also legally cross the border if they have the necessary supporting documents.

These conscripts, like others, also need legal assistance in matters of legal border crossing - usually problems appear already at the border, and their solution is quite problematic. It is better to talk with lawyers before the trip, and it would be best to contact the Alibi legal company for a clear consultation, possible problems and their solutions, checking the list of necessary documents and other related actions, if they are necessary (lawyer inquiries, search of registers, information escort, etc.)

Conscripts who can legally leave the territory of Ukraine when moving to other countries for permanent residence

This is probably the shortest and simplest interpretation regarding the possibility of legally leaving the territory of Ukraine for conscripts - if their permanent place of residence in another state is documented. For example, for the Border Service, this documentary confirmation can be in the form of a note in the passport "Permanent residence in ..." or a stamp "Exit for permanent residence has been issued." If you are the owner of such a passport, the Alibi legal company team thanks you for everything and wishes you success in the new country) And don't forget to help the Armed Forces from there.

And in general, the issue of border crossing by conscripts during the right-wing martial law regime is becoming more and more urgent. For obvious reasons, there are restrictions on leaving, which we will support, but many people think that the borders are completely closed and do not dare to leave even if there are circumstances that allow it. In this article, we examined all these circumstances in detail and provided lists or examples of documents that should be sufficient to confirm the right to leave Ukraine. If you need advice on these issues or want us to consider your particular case, contact the Alibi law firm. The experience of interaction with state bodies, enterprises, institutions and organizations, the presence of a legal team in different cities of Ukraine, specialists in various fields of law and their experience in solving legal and other issues, skills in working with registers and the ability to make adequate legal requests - all this will help to implement your purpose, without going beyond the limits of the current legislation.

Useful links:

• Crossing the state border during the legal regime of martial law. Question-answer
• A student's claim to the border service for going abroad