Updated rules for leaving Ukraine for conscripts

Recently, the Cabinet of Ministers of Ukraine introduced a number of changes to the Rules for crossing the state border of Ukraine during the war. In particular, the circle of persons who can cross the border under martial law has been expanded, the list of necessary documents and the terms of stay of these Ukrainians abroad have been determined.

To the regulatory acts that govern the procedure for crossing the state border of Ukraine, include:

  • Law of Ukraine “On the order of departure from Ukraine and entry into Ukraine of citizens of Ukraine”.
  • Rules for crossing the state border of Ukraine by citizens, which are approved by the Resolution of the Cabinet of Ministers of Ukraine dated January 27, 1995 No. 57. These rules are one of the normative acts, which are regularly amended from February 24, 2022.

So, on May 20, 2022, the innovation was approved by the Resolution of the Cabinet of Ministers of Ukraine No. 615, which the circle of persons who can go abroad under martial law has been expanded, the list of necessary documents and the terms of stay of such persons abroad have been determined.

In order to understand who the innovation concerns, it is necessary to make a small digression to understand the situation.

The Law of Ukraine “On mobilization training and mobilization” provides a definition for the concept

“special period”. This is the period of functioning of the national economy, public authorities, other state bodies, local self-government bodies, the Armed Forces of Ukraine, other military formations, civil protection forces, enterprises, institutions and organizations, as well as the fulfillment by the citizens of Ukraine of their constitutional duty to protect the Fatherland, independence and territorial integrity of Ukraine, which comes from the moment the decision on mobilization (except for the target one) is announced or its proof to the executors in relation to covert mobilization or from the moment martial law is introduced in Ukraine or in its individual areas and covers the time of mobilization, wartime and partially recovery period after end of hostilities.

That is, from February 24, 2022 – from the moment martial law was introduced in Ukraine – the _ period began.

Article 24 of the Law of Ukraine “On mobilization training and mobilization” stipulates that in order to ensure the functioning of public authorities, other state bodies, local governments, as well as enterprises, institutions and organizations during a special period, reservations are made for those liable for military service who are in reserve.

Reservations are subject to those liable for military service who work in state authorities, other state bodies, local governments and at enterprises, institutions and organizations that have established mobilization tasks (orders), if this is necessary to ensure the functioning of these bodies and the execution of mobilization tasks (orders) (Article 25 of the Law of Ukraine “On mobilization training and mobilization”).

According to paragraph 2 of part 1 of article 23 of the Law of Ukraine “On mobilization training and mobilization”, such booked conscripts persons are not subject to conscription for military service during mobilization.

In simple words, reserved persons liable for military service are the rear of our army, what faces can bring more benefits not at the front, but by organizing and carrying out mobilization tasks.

The procedure for booking persons liable for military service is fixed by the Resolution of the Cabinet of Ministers of March 3, 2022 No. 194. On March 7, 2022, changes were made to this order that concerned the booking procedure:

  • drivers liable for military service who carry out transportation for the needs of the Armed Forces of Ukraine, other military formations formed in accordance with the laws of Ukraine, as well as medical cargo and humanitarian aid cargo;
  • conscripted employees of railway transport enterprises that ensure the functioning and uninterrupted operation of the railway.

However, the procedure for booking the above categories of persons is extensive, without taking into account practical nuances. Therefore, by Resolution of the Cabinet of Ministers of Ukraine dated May 20, 2022 No. 615, these changes dated March 07, 2022 are canceled.

Instead, by the Resolution of the Cabinet of Ministers of May 20, 2022 No. 615, the Rules for crossing the state border by citizens of Ukraine were supplemented with new paragraphs.

The innovation concerns conscripts:

  • drivers who carry out transportation of medical cargoes, cargoes of humanitarian aid by motor vehicles for the needs of the Armed Forces of other military formations _ formed according to the laws of Ukraine, as well as the population of Ukraine ;
  • drivers of vehicles of economic entities who have a license for the right to conduct economic activities in international transportation of goods and passengers by road;
  • employees of railway transport enterprises that ensure the functioning and uninterrupted operation of the railway across the state border;
  • athletes.

As for the drivers who carry out the transportation of medical cargo, humanitarian aid cargo by road vehicles for the needs of the Armed Forces of other military formations formed according to the laws of Ukraine, as well as the population of Ukraine

In the event of the introduction of martial law in Ukraine, the passage of such drivers across the state border is carried out in the presence of appropriate decisions on leaving the borders of Ukraine, the implementation of the rules for crossing the state border of Ukraine, and in the presence of information about the person in the relevant information system, the administrator of which is Ukrtransbezopasnost.

The decision to leave Ukraine for such drivers is made by the Ministry of Infrastructure or regional, Kiev city military administrations.

Previously, the above-mentioned authorities have to receive a letter with justification regarding the volume of goods and the number of vehicles required for their transportation from any of the following authorities, enterprises, institutions, organizations, establishments:

  • military, law enforcement agencies;
  • military administrations;
  • medical institutions;
  • senders or recipients of humanitarian aid.

The decision to leave Ukraine, which makes it possible to cross the state border, is taken for a period of not more than six months and sent to the Administration of the State Border Service after the adoption by the Ministry of Infrastructure or the regional, Kiev city military administration.

Based on this, the indicated drivers may be abroad no more than 30 calendar days from the day of crossing the state border.

If the driver exceeds the 30-day period of stay abroad and / or changes the purpose of traveling abroad, the Ministry of Infrastructure or military administrations cancel their decision within seven working days from the date of establishment of the facts of these violations.

Concerning drivers of vehicles of economic entities who have a license for the right to carry out economic activities for the international transportation of goods and passengers by road (licensees)

In the event of the introduction of martial law in Ukraine, the passage of licensees across the state border is subject to the observance of the rules for crossing the state border of Ukraine, if there is information about the person in the relevant information system, the administrator of which is Ukrtransbezopasnost, and only on a vehicle that is a means of economic activity of the licensee _ _ whose mass is 3500 kilograms or more.

Information about drivers and their vehicle is entered into the information system, the administrator of which is Ukrtransbezopasnost, based on the application of the licensee.

On one vehicle, the state border can be simultaneously crossed by:

  • one driver on the licensee ‘s cargo vehicle ;
  • two drivers on a passenger vehicle ( bus ) of the licensee.

The period of continuous stay abroad for this category of persons is no more than 45 calendar days from the day of crossing the state border.

If the above deadlines are exceeded Ukrtranssafety maybe terminate access of the respective licensee into the Unified Complex of Information Systems  Ukrtranssafety for three months.

Termination decision licensee’s access to the Unified complex of information systems of Ukrtransbezopasnost approved by order Head of Ukrtransbezopasnost, which is made public the next day after its publication on the official website of Ukrtransbezopasnost and sent to the licensee by e-mail (if available), which is contained in the license file.

As for employees of railway transport enterprises, which ensure the functioning and uninterrupted operation of the railway, across the state border

In the event of the introduction of martial law in Ukraine, the passage of Employees across the state border is carried out in the presence of appropriate decisions on leaving Ukraine and compliance with the rules for crossing the state border of Ukraine.

The decision to leave Ukraine for employees of a railway transport enterprise is made:

  • regarding employees of JSC _ railway “and railway transport enterprises related to the management of the Ministry of Infrastructure _ Ministry of Infrastructure ;
  • regarding employees of enterprises for which freight rail transport is not the main activity. regional, Kyiv city military administrations at the location of such enterprises.

Yes, there is a decision made for a period of not more than six months and on the basis of letters from railway transport enterprises, which contain the appropriate justification and available confirmation of the volume of cargo transportation by rail during martial law.

As for the athletes

In particular, the innovations relate to:

  • athletes who are included in the national teams of Ukraine in Olympic, non-Olympic sports and sports of persons with disabilities;
  • coaches from the national teams of Ukraine _ _ provide training for athletes included in the national teams of Ukraine in Olympic, non-Olympic sports and sports of persons with disabilities;
  • sports referees and other specialists, which provide, in particular, organizational, scientific and methodological, medical support, anti-doping control, etc. training of athletes who are included in the national teams of Ukraine in Olympic, non-Olympic sports and sports of persons with disabilities.

The above persons may cross the state border of Ukraine during martial law, provided that the rules for crossing the state border of Ukraine are observed and the decision of the Ministry of Youth and Sports regarding inclusion in the list of participants in a sporting event.

Such persons may continuously be abroad no more than 30 calendar days from the day of crossing the state border, but not less than the period of the event, defined in the Unified calendar plan of physical culture, health and sports events in Ukraine for the corresponding year.

The period of stay abroad may be extended if the said persons participate in another sporting event in another country, determined by the Unified Calendar Plan of Sports, Health and Sports Events of Ukraine for the corresponding year, which begins within 10 working days from the date of completion of the previous sporting event.

If you need advice on leaving Ukraine, migration to different countries and legal assistance in the EU, North America and anywhere else on the planet, you can always contact us:

E-mail: uip.com.ua@gmail.com.

+380504776383 (telegram)

The Immigration Law Office was established in 2007. It provides assistance to foreign clients in Kiev (KV), Odessa (OD), Dnipro (DP), Lviv (LV), Kharkiv (KH), Lugansk (LG) and Donetsk (DN) regions, Crimea (KR) and others regions of Ukraine.