The draft law also defines the categories of persons who may perform military service within the area in which they are registered or reside.
The Verkhovna Rada of Ukraine has registered draft law No. 7484, which proposes at the legislative level to prohibit the departure of men aged 18-60 outside the country during martial law, with the exception of persons designated by the government and those who have the right to deferment.
Text bill The authorship of a group of deputies is posted on the Parliament website.
The explanatory note to the draft law states that at present the issue of the procedure for the exit of male citizens from Ukraine during martial law in Ukraine is regulated only by the Decree of the President of Ukraine, and not by laws.
Accordingly, the authors propose to add a new article to the Law of Ukraine “On the Procedure for Departure from Ukraine and Entry into Ukraine of Citizens of Ukraine”.
It should determine that male citizens of Ukraine aged 18 to 60 are prohibited from traveling outside Ukraine during martial law.
At the same time, they have the right to leave Ukraine during martial law if they fall under the norms of paragraphs three to thirteen of part one and paragraph two of part three of Article 23 of the Law of Ukraine “On mobilization training and mobilization.” This is about:
- men who have three or more children under the age of 18 in their care;
- men who independently raise a child (children) under the age of 18;
- men recognized as persons with disabilities or, in accordance with the conclusion of the military medical commission, temporarily unfit for military service for health reasons;
- recipients of professional (vocational), vocational and higher education, trainee assistants, graduate students and doctoral students studying full-time or dual forms of education.
In addition to these persons, the right to travel outside Ukraine during martial law may be granted to persons designated by the Cabinet of Ministers of Ukraine.
At the same time, as stated in the explanatory note to the draft law, in accordance with Article 23 of the Law “On mobilization training and mobilization”, a certain category of citizens is granted a deferment from military service during mobilization. This means that they cannot be involved in military service without voluntary consent and can travel abroad.
In addition, the draft law proposes to make changes related to the liquidation of the tax police and the creation of the Economic Security Bureau, giving employees of the latter the opportunity to receive a deferment.
It is also proposed to establish that a number of categories of persons may be called up for military service with their consent and perform military service within the region in which they are registered or reside.
We are talking, in particular, about persons with disabilities or, in accordance with the conclusion of the military medical commission, temporarily unfit for military service for health reasons.
Ban on leaving Ukraine during martial law
As UNIAN wrote, for the period of the legal regime of martial law, Decree of the President of Ukraine dated February 24, 2022 No. 64/2022 “On the introduction of martial law in Ukraine” prohibits male citizens of Ukraine aged 18 to 60 from leaving the country. Martial law has now been extended until 23 August.
The State Border Service of Ukraine reminded that the ban does not apply to individuals in this category.
In particular, we are talking about persons who have certificates of deferment from conscription and a notice of enrollment in a special military registration; having a conclusion of the military medical commission on unsuitability with an exception from military registration.
Also, these are persons who take care of three or more children under the age of 18, or who independently raise a child (children) under the age of 18.
In addition, these are persons who support a child with a disability under the age of 18 or an adult child who is a person with a disability of group I or II, until he reaches 23 years of age; adoptive parents, guardians, custodians, adoptive parents, parent-educators who support orphans or children deprived of parental care, under the age of 18 years.
This list also includes persons engaged in the constant care of those who need it, in the absence of other persons who can provide such care.
Among other things, these are persons who have left for other states for permanent residence, which is documented; applicants for professional movement and higher education, trainee assistants, graduate students and doctoral students studying abroad in full-time or dual forms of education (students, trainees).
In addition, persons liable for military service or certain categories of citizens may cross the border to leave Ukraine in cases provided for by law, in particular: drivers who are booked for international freight transportation, transportation for the needs of the Armed Forces of Ukraine, medical cargo and humanitarian aid cargo; people with disabilities and persons accompanying them.
“We would like to draw your attention to the fact that all citizens who fall under the exception must have the necessary documents for confirmation. At the same time, during the border control measures, their validity and the fact of issuance by the relevant authorities will be checked,” the border guards noted.