Because of hostilities in eastern Ukraine, many young people began to receive subpoenas much more often. But citizens still continue to travel to a neighboring state. Therefore, one of the most urgent now is the question of whether this can be done without problems. Is traveling abroad available during partial mobilization? Answers to these questions will be provided in the article.
Will they leave the country?
What is partial mobilization decree? This is a provision designed to recruit young people for military service on time. For example, Law No. 113-7, adopted in January 2015, regulated three lines for 210 days. At the same time, citizens undergo medical commissions and training, after which they are sent to the appropriate units.
It is necessary to immediately answer the urgent question of whether there is an opportunity to leave Ukraine when the law on mobilization, full or partial, is issued. The answer, of course, is yes. This is a legal, constitutional right of absolutely any citizen that no one can violate. The principle of freedom of movement enshrines the fundamental law of the country. Of course, no other law or regulation should contradict this principle.
Legal mechanism
The procedure for going abroad is regulated by the Ukrainian law "On the Procedure for Exiting from Ukraine and Entering Ukraine." According to this normative act, you can cross the border if you have at least one of the following documents:
- passports of a citizen of Ukraine;
- travel document of the child (in the presence of an adult with a passport);
- diplomatic or service passport;
- certificates of the seaman.
Experts are sure that no one is able to prevent citizens from leaving the country. Otherwise, we would have to redo the entire law on traveling abroad, as well as amend the Constitution. The same was confirmed by the president of the country Petro Poroshenko. At the end of January 2015, he ordered the Cabinet of Ministers to legislatively regulate the process of Ukrainians leaving the country during the draft.
Do not let abroad: what to do?
No one in Ukraine can prevent a person from exercising his legal rights. Including the right to freedom of movement. But often, citizens are faced with border guards who refuse to leave the country. Are they doing the right thing, are they breaking the law? Definitely violate.
We repeat that traveling abroad from Ukraine is the constitutional right of absolutely any citizen. If someone prevents this, you can safely go to court. So, the Ukrainian is able to appeal the illegality of the actions or omissions of border guards in the relevant judicial instances. Moreover, a person can seek compensation if he missed something really important due to those who violated the law, for example, a funeral in Russia, a wedding, could not get a job in another country, etc.
Is there a ban on leaving the country for a citizen who received a summons from the military enlistment office? In no case. Separately, it is worth noting that border guards generally should not check the military card of a traveling citizen.
Legal denial of border crossing
Does the principle of freedom of movement existing in Ukraine mean that absolutely anyone can freely leave the border? Of course not. Moreover, the country's legislation provides for a ban on leaving the state for the following groups of persons:
- citizens who are aware of information containing state secrets (as a rule, these are the military, politicians, some businessmen, etc.);
- citizens required to pay child support;
- persons having contractual or any outstanding obligations;
- citizens against whom a criminal case has been instituted;
- persons convicted of a crime;
- citizens evading the obligations assigned to them by the court;
- citizens who provided the border service with incorrect information about themselves;
- citizens against whom a civil, administrative or arbitration lawsuit has been filed;
- dangerous citizens, repeat offenders, persons under police supervision.
Thus, partial mobilization in Ukraine is not a reason for refusing to travel abroad. All legal reasons have been indicated above.
"Other defaults"
As already mentioned, no one can deprive a citizen of the right to freedom of movement. Nevertheless, partial mobilization in Ukraine is still able to create some problems. In particular, at border checkpoints, special officers may not allow citizens who are being drafted.
Convincing them of the illegality of such actions will be useless - border workers will refer to the item “Other defaults” of the law “On departure and entry”. There can only be one way out - to sue border workers. Moreover, it is not known exactly how the case will end.
True, there is another option, it must be said, a radical one. The Ukrainian border can be crossed through the border points of the so-called DPR and LPR. However, this is simply dangerous, in view of the possible hostilities. Moreover, it is not known how the Ukrainian authorities will look at this: it is unlikely that they will be able to protect themselves from accusations of separatism.
But what about a citizen who did not receive a summons? If the country has issued a decree on partial mobilization, it is better to hedge. How exactly can this be done? In order to ensure unhindered travel abroad during a partial mobilization, you will have to go to the local branch of the military registration and enlistment office and take a certificate there that the state has not yet called you to the service.
Departure under the state program
Traveling abroad during partial mobilization is also possible according to a special state program developed by the Russian Federation. It is about the possibility of moving to a country for temporary or permanent residence. The program does not affect all Ukrainian citizens, but only some groups of people.
In particular, it is worth highlighting:
- Russian citizens residing in Ukraine;
- descendants or relatives of Russian citizens;
- persons previously held citizenship of the USSR;
- emigrants from the Russian Federation.
You can find out how exactly this program works on the website of the Russian government on migration (the former FMS of the Russian Federation).
Relocation to Russia
As already clear, the Russian state program for the resettlement of compatriots is not suitable for everyone. It will not be so easy to find Russians among their relatives and ancestors, let alone the absence of former Soviet citizenship among people of draft age. What other options are there? How to safely and efficiently provide a young man going abroad during a partial mobilization in the country? There is an option to obtain a residence permit or a temporary residence permit in the Russian Federation.
A temporary residence permit in Russia is issued for a period of three years, in accordance with a specially established quota. A residence permit is issued to persons already holding a temporary residence permit. An exception may be made only by highly qualified specialists and their relatives.
A residence permit is issued for a period of five years, and can be extended if desired. Information about what documents are required to obtain a residence permit in Russia, as well as what stages will have to be passed, all this can be found on the official website of the state migration office of the Russian Federation.
Refugee status
Asylum in the Russian Federation is a very extreme case. To “earn” refugee status, you will have to meet a large number of criteria. It is worth highlighting oppression on racial or religious grounds, possible repression in the country, as well as military action.
It is unlikely that an ordinary Ukrainian citizen will fall under at least one of these criteria. Nevertheless, an appropriate certificate for traveling abroad can be obtained if you contact the authorized Russian body in Ukraine.