Emotional swing: what’s wrong with the introduced bans for men abroad, and is the problem solvable?

Ukrainian men abroad are disappointed in “their state” after a number of restrictions were introduced for them. No less passions are boiling in Ukraine.

Ban on consular services

On April 23, Ukrainian men of military age abroad were no longer provided with consular services, and now they will only be able to obtain a passport in Ukraine. The Minister of Foreign Affairs of Ukraine explained this decision this way: it is dishonest when some are fighting, while others want to sit out abroad.

Consular services include, first of all, obtaining an internal passport or extending the validity of a foreign one, entering information about a minor child, and issuing a birth certificate. And of course, assistance in an emergency situation, however, the Ministry of Foreign Affairs clarified, it will continue to be provided under any conditions.

Let us recall that on February 24, after the Russian invasion of Ukraine, the authorities announced general mobilization and prohibited men of military age from traveling outside the country.

The news about the ban on consular services caused a flurry of indignation on social networks and in queues for passports at Ukrainian missions abroad. Passports stopped being issued on the same day. People complain that the changes took them by surprise. Now, in accordance with the new law on mobilization, Ukrainians abroad will be able to receive consular services only if they have a military ID and updated data at the TCC (military registration and enlistment offices).

But the law is supposed to come into force on May 18, and many expected to have their problems resolved before this date, but the issuance of documents was suspended much earlier. Videos of outraged men in Europe are spreading on the Internet, and no less passions are boiling in Ukraine – people are arguing and calling them draft dodgers. This raises a lot of questions:

• how can men abroad update their data;
• Is it necessary to go to Ukraine to update;
• can this be done by phone or online;
• Do they update the data at the consulate?
• How to pass a military medical commission in this case?

The Ukrainian Air Force tried answer all questions with the help of lawyers.

Is it possible to update data at the consulate?

According to statistics EU, after the Russian invasion, more than 800 thousand Ukrainian men ended up in Europe, others illegally. It is unknown how many people are subject to mobilization – after all, some of them are not suitable for service for health reasons or for other reasons specified by law. Hundreds of thousands more worked or lived abroad before the war began.

The Ministry of Foreign Affairs of Ukraine has not yet explained how exactly men must update their data in the TCC in order to continue to be provided with consular services – they say that they are “determining” and “coordinating” options with other government bodies. The Air Force sent requests to the Ministry of Foreign Affairs, the Ministry of Defense and the General Staff of the Armed Forces of Ukraine to receive answers to questions about military registration abroad.

Men abroad, who vigorously express dissatisfaction, really hope that it will be possible to update their data at the consulate or other diplomatic institutions of Ukraine without traveling to their homeland. After all, they probably won’t be allowed back. Whether this is really the case is still unknown.

Persons liable for military service who have been abroad for more than three months must register temporarily with the consulate. This provision is in Cabinet Resolution 1487 of December 30, 2022 on the procedure for maintaining military records, explains lawyer Angela Vasilevskaya:

“But registering temporarily is also a consular service. And in more detail what the consulates should do—whether they have the authority to issue military registration documents or summonses—is not provided for in this order.”

With the adoption of a new law in Ukraine on strengthening mobilization, by-laws also need to be updated, and the lawyer suggests that consulates will be given additional powers to maintain military records and notify conscripts.

On May 18, the electronic account of those liable for military service is expected to be operational. It is not necessary for men to have it, but for those abroad, it can be a salvation. Perhaps there you can update your data in the TCC, lawyers suggest. “But whether the electronic account will work, and how it will happen in practice, is unknown,” says Elena Khomenko from the Aktum law firm.

It also remains unknown whether men abroad need to undergo a military medical examination. According to the law – this was also the case in peacetime – those liable for military service must undergo a medical examination once every 5 years. But it’s definitely not possible to complete the IHC remotely. The law directly prohibits this, explains Khomenko.

What problems may men have?

In order to avoid problems after returning to Ukraine, Vasilevskaya recommended that her foreign clients register for temporary consular registration. As long as the TCC does not know that the man is abroad, the lawyer explains, they can send him a summons to his address in Ukraine, then record his failure to appear after the summons, issue fines and impose other penalties:

“When you return to Ukraine, a surprise will await you in the form of an administrative arrest in the police information system and a high level of physical coercion applied to you in connection with your delivery to the TCC and SP for drawing up an administrative protocol.”

Men who had been living abroad for a long time or who legally left Ukraine during the war could register with such a person. If they did not do this, but received a summons, parents or other relatives could inform the TCC that their son has been living abroad since a certain date, and there is no point in putting him on the wanted list, the lawyer explains. But if a person left illegally, then such measures “do not insure” him.

On the evening of April 24, the Ministry of Foreign Affairs announced the decision to issue internal and international passports only in Ukraine; it is now impossible to send them abroad. Although there are exceptions like wrote in detail “Athens News” – parents of large families, people with disabilities, guardians and other categories of citizens who have the right to travel abroad during martial law can still receive new documents outside of Ukraine.

This means that people who left before or during martial law, legally or not, may be treated differently in the provision of consular services. Problems may also arise for children who study abroad and have reached their 16th birthday, says Veselovskaya:

“At the age of 18 they are required to register and receive a registration certificate. Now consulates do not have the authority to issue attributions. And in order to get it, guys at the age of 17 go to Ukraine to get this document. And until they turn 18, they go back to cross the border without hindrance.”

At the age of 18, it is also necessary to renew your internal Ukrainian passport. At this age they will not be mobilized, but they will not be released back from Ukraine.

Europe's reaction

European politicians refused to comment on the decision of the Ukrainian government, saying that it “is within the competence of Ukrainian authorities.” While in the EU, comments on the suspension of consular services are terse, it is not clear from them whether Europeans support this decision of the Ukrainian authorities, and whether Ukrainians with expired documents will be subject to deportation. European Commission spokesman Eric Mamer said in a comment to Radio Liberty:

“The only thing we can do is explain what the situation is with these individuals who are in Europe.”

Polish Defense Minister Wladyslaw Kosiniak-Kamysh has already statedthat Poland is ready to help Ukraine return men of military age so that they “fulfill their civic duty”:

“I think many Poles are outraged when they see young Ukrainian guys in hotels and cafes and hear how much effort we have to make to help Ukraine,” he said. “Any support is possible,” Kosiniak-Kamysz said of how Poland would react if Kyiv asked for help bringing home those who may lose the right to stay in Poland once their passports expire.

However, analysts are very doubtful that any EU country could begin to deport men who fled the war in embattled Ukraine. And it is not at all impossible that such people will simply move to Germany. They have already stated that Ukrainian men have the same protection status as women in Germany. Maximillian Kall, a spokesman for the Ministry of Internal Affairs, said at the briefing:

“This will not affect the protection status, which is the same for men and women who make up the vast majority of war refugees.”

Lawyers call the situation “incomprehensible”

Lawyers say that with the termination of consular services abroad, an unclear legal situation has arisen. Elena Khomenko says: “First we need to explain, and then introduce restrictions so that people can prepare.” She recalls that a similar situation occurred at the beginning of the year, when Ukrainian men who had the right to leave Ukraine were restricted from leaving without warning. It was the New Year holidays, people wanted to go to their relatives, but the border guards said that without updating the data in the TCC they would not be allowed to go abroad. Lawyer says:

“They motivated this by the fact that they had an order that no one had seen at that time, and therefore they could not report it officially. And when you don’t know what the order says, you have no basis to defend your interests.”

Ukrainians abroad are outraged. Diana Petrenko, deputy director of the State Enterprise Document branch in Warsaw, told the Ukrainian BBC service that since the evening of April 23, “verification of biometric data has not been working.” Therefore, neither men nor women can receive their new passports that they ordered earlier. People received a message that their passport had been produced and could be collected. But it turned out that it was no longer possible to pick it up on the spot.

Petrenko says that he “does not have” information that the suspension of their activities is related to the law on mobilization, military accounting and statements by Foreign Minister Dmitry Kuleba. According to her, there are many dissatisfied people in their institution. The queues are perhaps the longest in the entire history of the Document State Enterprise, she admits. At the same time, people do not really believe in the explanations of the employees of the State Enterprise “Document”.

Many in line for passports say they feel deceived, disappointed in “their state,” and hope for European intervention if Ukraine does not solve the problem. Some are discussing the option of seeking temporary asylum abroad. But whether this can be done only on the basis that you are threatened with mobilization in Ukraine is unknown. Lawyers say each country has its own rules and considerations for who to grant asylum.

In Ukraine, the situation caused real emotional swings. Although human rights activists point out gaps in the authorities’ decision, many urge us not to forget that some of the men who are now standing in lines in Europe and are outraged may be draft dodgers who fled from Ukraine.

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