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21 Jan. 2023

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Military registration abroad: is the deportation of men to Ukraine real

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Military registration abroad: is the deportation of men to Ukraine real

In Ukraine, a new procedure for keeping military records of conscripts, conscripts and reservists was approved. In particular, it became known about new rules for men who are abroad. Find out more about whether embassies will issue summonses and can deport men to Ukraine during mobilization

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Recently, the Ukrainian government approved new rules for military registration of conscripts, conscripts and reservists. One of the clauses of the resolution obliges foreign embassies to inform Ukrainian citizens abroad about the start of a new conscription and to facilitate their return home if mobilization is taking place in the Motherland. We tell you whether men who have gone abroad can be deported back to Ukraine.


How will military registration be conducted abroad?


In accordance with the requirements of the Procedure for organizing and maintaining military records of conscripts, conscripts and reservists abroad, they must, in particular:


- to be on military registration in case of traveling outside of Ukraine for more than three months - at the place of consular registration in foreign diplomatic institutions of Ukraine;

- personally, within seven days from the day of arrival in the country, come with the passport of a citizen of Ukraine and military registration documents to the embassy or consulate of Ukraine for military registration.


At the same time, if these persons plan to stay outside of Ukraine for less than three months, there is no need to register.


Information about citizens enrolled in the temporary consular register is simultaneously included in the military register of conscripts, conscripts and reservists, which are kept by the embassy.


After the citizens are registered, the embassy must notify the district (city) territorial centers of recruitment and social support, other involved bodies at the place of their military registration within seven days


At the same time, in the event of the start of the regular conscription of Ukrainian citizens for military service or the announcement of mobilization, the embassy will inform the persons about the conduct of the mentioned measures. According to the law, the diplomatic institution must facilitate (but not forcefully deport) the return of such persons to their home, i.e. to Ukraine.


Note! It is currently unknown how exactly the process described in the previous paragraph will take place.


Will embassies issue summonses?


According to the current legislation, representatives of embassies and consulates cannot issue summonses and deliver them to citizens who are abroad.


Can conscripts, military conscripts and reservists be deported to Ukraine?


According to Kateryna Anishchenko, a lawyer at the "Riyako&Partners" law firm, quoted by RBC-Ukraine, now the classic form of international cooperation between states is extradition – handing over a detainee – in the fight against crime.


But citizens of Ukraine who went abroad before the war or during the war are not criminals.


"Regarding the possible deportation of Ukrainian citizens by foreign states based on this point, I believe that a specific type of administrative penalty, which consists in offering a foreigner or a stateless person to voluntarily leave the country of residence, can be applied only to persons who maliciously violate the order of the country of their place of residence," - she said.


What is the punishment for refusing to return to Ukraine?


As lawyers note, the only measure of punishment can be administrative responsibility for failure to appear at the Military Commissariat in wartime during the effect of the Decree of the President of Ukraine "On Conducting Joint Mobilization" in the form of a fine in the amount of UAH 3,400-5,100.


It is worth noting that the measure of punishment is relevant at the moment, until the Ministry of Foreign Affairs of Ukraine came forward with an explanation regarding the responsibility for refusing to be registered abroad.


We will remind you! Martial law in Ukraine provides for restrictions on the departure of conscripted men of conscription age. Who still has the right to travel abroad and what are the main changes to the departure of men in 2023, read in our material.

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