Since the beginning of the full-scale war in Ukraine, thousands of men who did not want to join the army have illegally left the country. Attempts to leave illegally have increased since the beginning of 2024. Find out what consequences await those who have illegally left Ukraine

Legal advice for Ukrainians

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Since the beginning of the full-scale war, Ukrainian men of mobilisation age have not been able to travel abroad without the appropriate documents confirming their deferral from mobilisation. However, some conscripts do not want to serve in the army and take desperate steps to flee the country. Of course, not everyone succeeds, but even those who manage to cross the border face prosecution. With reference to Fakty, we will tell you what punishment is provided for men for illegal border crossing.

Men in Ukraine practice several ways of travelling abroad: they forge documents, hide in vehicles, swim rivers and cross mountains. But all of these methods are illegal.

Ukrainian legislation establishes Article 204-1 of the Code of Administrative Offences (CAO) for illegal crossing or attempted illegal crossing. It provides for liability in the form of a fine of 200 to 500 tax-free minimum incomes (UAH 3,400 to UAH 8,500) or administrative arrest for up to 15 days with confiscation of the instruments and means of committing the offence.

If the border guards manage to catch an offender who has illegally left the country and now wants to return to Ukraine, their actions fall under administrative liability under Article 204-1 of the Code of Administrative Offences. If the deadline for bringing to justice has not passed, border guards call the police, who draw up an administrative report.

If a man is caught in the forest, mountains or near the border, he is handed over to the police, who draw up a report on an administrative violation. However, in the current reality, there are cases when violators are handed over to representatives of territorial recruitment centres, who send the person to a military medical commission.

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When is illegal border crossing punishable by criminal liability?

An attempt to cross the border may also be accompanied by a number of crimes:

Article 358 of the Criminal Code of Ukraine - forgery of documents for crossing the border. The most commonly forged documents are medical reports from the military medical commission (MMC). This is punishable by fines or imprisonment.

Article 369 of the Criminal Code of Ukraine is an offer of an undue advantage to law enforcement officials. Typically, bribes are offered to border guards to allow people to cross the border. Regardless of whether the border crossing was successful, the offence is punishable by a fine or imprisonment for a term of 4 years or more.

Article 336 of the Criminal Code of Ukraine - in some cases, illegal border crossing can be qualified as mobilisation evasion. This is due to the fact that most men between the ages of 18 and 60 try to leave Ukraine to avoid mobilisation. The offence is punishable by imprisonment for a term of 2 to 5 years.

According to the lawyers, according to the law, one can be prosecuted for illegal crossing within three months from the date of detection of the offence, but not later than one year from the date of commission.

It should be noted that if you have any questions about the above topic, you can seek professional advice. Lawyers from Visit Ukraine will help you to understand the most ambiguous issues that require a subtle approach and qualitative analysis. You can apply for a specialist consultation by following the link.

We remind you! In 2024, men who have not reached the age of military service or have been removed from the military register, as well as women and children, can cross the border of Ukraine. However, since May 2024, specific restrictions on border crossing have been in place. Read more about who can leave Ukraine in 2024 here.

Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.

Ihor Usyk is the Head of Legal Department at Visit Ukraine

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