Departure abroad during the partial mobilization. Decree on partial mobilization

Because of military operations in the east of Ukraine, many young people began to receive summons to the military commissariat much more often. But the citizens continue to travel to the neighboring state. Therefore, one of the most urgent now is the question of whether it can be done without problems. Is it possible to travel abroad during a partial mobilization? The answers to these questions will be provided in the article.

Will they leave the country?

What is A decree on partial mobilization? This provision is designed to recruit young people for military service at certain times. For example, Law No. 113-7, adopted in January 2015, regulated three lines for 210 days. Citizens at the same time undergo medical commissions and training, after which they are sent to the appropriate units.

It is necessary to immediately answer the actual question of whether there is an opportunity to leave Ukraine when the law on mobilization is issued, full or partial. The answer, of course, is positive. This is a legitimate, constitutional right of absolutely any citizen, which no one can break. The principle of freedom of movement fixes the basic law of the country. Of course, no other law or subordinate act should contradict this principle.

The legal mechanism

The procedure for traveling abroad is regulated by the Ukrainian law "On the procedure for leaving Ukraine and entry to Ukraine." According to this normative act, you can cross the border if you have at least one of the following documents:

• Passport of a citizen of Ukraine;
• Travel document of the child (in the presence of an adult with a passport);
• Diplomatic or service passport;
• Seafarers' certificates.

Experts are sure that no one is able to prevent citizens from leaving the country. Otherwise, it would be necessary to revise the entire law on leaving abroad, as well as make amendments to the Constitution. The same was confirmed by the president of the country Petro Poroshenko. In late January 2015, he instructed the Cabinet of Ministers to legislatively regulate the process of leaving the country of Ukrainians 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 of 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 not breaking the law? Definitely violate.

Let us repeat that Travel abroad from Ukraine - the constitutional right of absolutely any citizen. If someone hinders this, you can safely go to court. So, the Ukrainian is able to appeal the illegality of actions or omissions of border guards in the relevant judicial instances. Moreover, a person can seek compensation if he missed something really important because of people who violated the law, for example, a funeral that took place 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 registration and enlistment office? In no case. Separately it is worth noting that border guards in general should not check the military ticket of the traveling citizen.

A legal refusal to cross the border

Does the current principle of freedom of movement 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 people:

• Citizens aware of information, which contains state secrets (as a rule, they are military, politicians, some businessmen, etc.);

• Citizens obliged to pay alimony;
• Persons having contractual or any unfulfilled obligations;
• Citizens, against whom a criminal case has been initiated;
• Persons convicted of a crime;
• Citizens evading fulfillment of the obligations imposed on them by the court;
• Citizens who provided false information about themselves to the Border Guard Service;
• Citizens, against whom a civil, administrative or arbitration claim has been submitted to the court;
• Dangerous citizens, repeat offenders, persons under police watch.

Thus, partial mobilization in Ukraine is not a reason for refusing to go abroad. All legitimate reasons have been indicated above.

"Other Defaults"

As already mentioned, no one can deprive the citizen of the right to freedom of movement. Nevertheless, partial mobilization in Ukraine is still capable of creating some problems. In particular, at border points, special employees may not allow citizens who fall under the call.

To convince them of the illegality of such actions will be useless - the border workers will refer to the paragraph "Other Defaults" of the Law "On Departure and Entry". There can be only one way out - to sue the border workers. And it is not known what exactly will end the matter.

True, there is another option, I must say, radical. The Ukrainian border can be crossed through the border points of the so-called DPR and LNR. However, this is simply dangerous, because of possible military actions. 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.

And how to be a citizen who did not receive a summons? If a decree on partial mobilization is issued in the country, it is better to insure yourself. How exactly can this be done? In order to secure an unhindered exit abroad during the 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 does not call you to the service.

Departure under the state program

Departure abroad during partial mobilization is also possible under a special state program developed by the Russian Federation. It is about the possibility of moving to a country for a 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 who were formerly citizens of the USSR;
• Emigrants from the Russian Federation.

You can find out how this program works on the website of the Russian government on migration issues (the former FMS of the Russian Federation).

Moving to Russia

As it is already clear, the state program of Russia on the resettlement of compatriots is not suitable for everyone. It is not so easy to find Russians among their relatives and ancestors, what can we say about the absence of former Soviet citizenship in persons of draft age. What other options are there? How to provide a young person with safety and quality Going abroad during partial mobilization in the country? There is a variant of obtaining a residence permit or a permit for temporary residence in the Russian Federation.

The permit for temporary residence in Russia is issued for a period of three years, according to a specially established quota. The residence permit is issued to persons who already have a temporary residence permit. Exception can be made only by highly qualified specialists and their relatives.

The residence permit is issued for a period of five years, and, if desired, can be extended. Information on what documents are needed to obtain a residence permit in Russia, as well as what steps will have to be completed - all this can be found on the official website of the State Migration Board of the Russian Federation.

Refugee status

Receiving asylum in the territory of the Russian Federation is a very extreme case. To "earn" yourself refugee status, you will have to meet a large number of criteria. Here, oppression on racial or religious grounds, possible repression in the country, as well as military actions should be highlighted.

It is unlikely that an ordinary Ukrainian citizen will fall under any of the above criteria. Nevertheless, a corresponding certificate for traveling abroad can be obtained if you contact the authorized Russian authority on the territory of Ukraine.