+ Word must be in search result. - Words must not be in search result. * Word start/end on characters before/after symbol. ""Words in quotes will be searched as phrase.

 

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.

 

Full text is open only for the subscribers.

Views 14449

SIMILAR POSTS

The Supreme Court: tax audits conducted in violation of the moratorium under the Tax Code with reference to the Resolution of the Cabinet of Ministers of Ukraine No. 89 are illegal 13 May, 2022    1684

The negative consequences of doubling the military tax rate,
and
How to ensure that all we pay to the army is really spent on the army
13 May, 2022    5910

A nonfunctioning Electronic System of VAT Administration – who should be responsible? 06 May, 2022    2637

Yuliia Kryvomaz delivered the report at the meeting of the UBA Committee on Tax and Customs Law 06 May, 2022    685

The Ministry of Reintegration adopted the List of territorial communities which are located in the area of fighting or are under temporary occupation, encirclement (blockade) – is it applicable for tax purposes? 04 May, 2022    19396

Some changes in criminal justice during martial law 04 May, 2022    2068

European Commission Proposal on temporary liberalization of trade with Ukraine in conditions of war 03 May, 2022    471

We have been heard: Ukraine denounces the Double Tax Treaty with Russia 03 May, 2022    664

Property tax: What to do if there is no access to land plot or real estate? 03 May, 2022    7687

Tax audits during martial law 26 April, 2022    3339

Primary documents are lost or located in the war zone: what about confirmation of tax accounting data? 22 April, 2022    2162

Do we need a double tax treaty with Russia (the country-aggressor)? It is still effective! 21 April, 2022    982

Comment