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The departure of men abroad under martial law – is there a ban?

authors: Alexander Shemiatkin, Yaroslava Ivasiuk, Oksana Hanushchak

15 August, 2022 Exclusive

Since the imposition of martial law, the State Border Guard Service of Ukraine has been limiting departure abroad of men of conscription age.

According to the Constitution of Ukraine the right to freely leave the territory of Ukraine can be limited only by the law, while the subordinate legal acts cannot provide for any restriction of constitutional rights. Therefore, there is no law in Ukraine that establishes a ban on going abroad under martial law for men of conscription age. Currently, only bills have been registered in the Verkhovna Rada of Ukraine which provide for the establishment of such a ban.

In case of refusal to cross the state border it is necessary to request a written decision on the refusal from the State Border Guard Service of Ukraine which can be appealed later in the administrative procedure or in a court.

The administrative procedure is inexpedient given the formal approach of the State Border Guard Service of Ukraine. Therefore, it is better to apply to the district administrative court with a statement of claim for recognition as illegal and cancellation of the decision on refusal to departure abroad, and obligation of the bodies of the State Border Guard Service of Ukraine to refrain from creating obstacles in crossing the state border.

The full version of the article is available in Ukrainian by the link.

 

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