2024: which of the Ukrainian men can now travel abroad freely and legally

During martial law in Ukraine, there are special rules for traveling abroad for men liable for military service. However, there are still grounds for legal border crossing.

Discussions continue in parliament regarding changes in mobilization legislation. They will also affect those categories of Ukrainians who seek to leave Ukraine. The issue of crossing the border remains painfully relevant for men aged 18 to 60 years, for whom there is a ban on crossing the border. But there are exceptions to any rule, which is why some Ukrainian men still have the opportunity to legally leave the country. It’s too early to consider the upcoming changes that the new law promises, so let’s look at how things stand with this now.

What the current law says

The procedure for crossing the border is regulated by a number of legislative acts. The most important are the following: Resolution of the Cabinet of Ministers of Ukraine No. 57 “On approval of the Rules for crossing the state border by citizens of Ukraine” and the law of Ukraine “On the procedure for leaving Ukraine and entering Ukraine for citizens of Ukraine” and the law “On mobilization preparation and mobilization”.

Resolution No. 57 adopted in 1995, but the Cabinet of Ministers regularly makes changes to it (most recently in October last year), so it is valid. The State Border Service of Ukraine has created a special section entitled “Crossing the state border during the legal regime of martial law. Question answer”. Answers to the most pressing questions are posted Here. But questions still remain, so we will try to cover them in more detail.

Who is allowed to travel abroad

Except for women, men under the age of 18 and over sixty, that is, not subject to mobilization based on age, can freely leave Ukraine. The following categories of men also have the right to freely cross the border:

• men aged 18 to 60 years, permanently residing abroad;
• men aged 18 to 60 years, removed from military registration;
• men of the same age who have permission to travel abroad for health reasons;
• men aged 18 to 60 years who have permission to cross the border for family reasons (accompanying a close relative with a disability, etc.);
• men aged 18 to 60 years whose border crossing is related to professional activities (sailors, diplomats, drivers).

More than 20 categories of men can legally leave Ukraine if they have the appropriate documents, but for those falling into the age category of 18-60 years old there must be the grounds provided for in Cabinet Resolution No. 57.

Reasons for traveling abroad

The above legal acts list in detail the grounds that give the right to leave Ukraine, but it should be taken into account that all circumstances must be confirmed by relevant documents, which are not so easy to obtain. Among the grounds giving the right to cross the border to men of mobilization age are the following:

1. accompaniment of disabled people of groups I and II among close relatives and persons in need of constant care among first-degree relatives (parents, children, wife);
2. accompanying a wife with a disability (we are not talking about groups I and II, but simply stated – “persons with disabilities”);
3. disability of the person crossing the border;
4. travel for treatment;
5. professional activities – we are talking about civil servants who go on business trips, athletes who go to competitions, diplomats, military personnel who are training abroad, pilots, railway workers, etc.;
6. assistance to the Ukrainian Armed Forces (volunteering). These include, for example, drivers carrying volunteer aid, artists and artists raising funds for the army, etc.

All the grounds according to which men liable for military service have the right to cross the border are clearly indicated in the resolution of the Cabinet of Ministers of Ukraine No. 57; there are quite a large number of them there and each point contains nuances. Therefore, in each specific case, it is recommended to carefully check the resolution and look for the appropriate clause.

Required documents confirming the right to cross the border

In addition to identification documents, men must have with them appropriate certificates confirming their right to cross the border. These documents must correspond to the grounds on which the person crossing the border relies.

We recommend that you carefully re-read the mentioned Resolution of the Cabinet of Ministers and use “cheat sheet” from the State Tax Service – they clearly explain which documents you need to have with you when crossing the border. If you find it difficult to understand, contact a lawyer. This will help avoid unpleasant surprises at the border.

What to do with problems that arise when crossing the border

Of course, there are problems when crossing the border. Even the border guards themselves are forced to admit this. Press Secretary of the State Border Service Andrey Demchenko says:

“I advise everyone to carefully read the Border Crossing Rules. In addition to the persons clearly stated in the rules of clause 2.6, it is determined that in the event of martial law being introduced on the territory of Ukraine, other persons liable for military service who are not subject to conscription during mobilization also have the right to cross the state border.”

If problems arise with border guards, you should not give up, but you need to defend your rights. The decision to refuse to travel abroad can be appealed to a higher authority of the State Border Guard Service or in court. From practice, we can say that you should immediately go to court – this way you can save time and nerves. The appeal takes place in the administrative court at the location of the defendant, that is, the body of the State Border Guard Service that refused to travel abroad. Any novice lawyer can cope with this task.

And some statistics leads website “Finance.ua”: according to the State Border Guard Service, despite the martial law, about six thousand men of mobilization age leave Ukraine every day.

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