Some EU countries are categorically against the forced return of Ukrainians to their homeland, but there are also those who support this decision. Find out whether they can come to a final decision and whether it is legally possible

Legal advice for Ukrainians

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Poland is ready to help return to Ukraine men who want to return voluntarily. However, whether it is possible to forcibly return Ukrainian citizens from abroad, we will examine further.

Poland is ready to help

Poland has expressed its readiness to assist in the return to Ukraine of conscripted men who are on its territory, but only on condition that they themselves express their desire to return. As inpoland.net.pl writes,

a Polish government spokesman said that Poland respects Ukraine's sovereignty and understands the importance of replenishing the ranks of the Ukrainian armed forces during this difficult period.

The Polish government emphasises that it will not forcibly return Ukrainian citizens as it respects their right to choose. Nevertheless, for those who choose to return, Poland is ready to provide all necessary conditions for a safe and organised border crossing.

Furthermore, Poland is co-operating with Ukrainian diplomatic institutions on its territory to ensure proper co-ordination and support for those who have decided to return to Ukraine to fulfil their military duty.

The Ukrainian authorities understand Poland's position

That the issue cannot be resolved forcibly is also recognised by the Ukrainian authorities, including in the Office of the President.

‘Poland is ready to help. It has even started this recruiting project there, voluntarily. We can't do it forcibly, because the laws of other countries are clear - if a person has applied, received asylum or otherwise legalised on the territory of this country, no one will forcibly send him to war,’ said Mykhailo Podolyak, advisor to the head of the Presidential Office.

When asked whether men return voluntarily through the aforementioned recruitment centres, Podoliak answered in the affirmative. He added, however, that ‘this is a process and it should gain momentum.’

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Zelensky is also in favour of voluntary return of citizens

President Volodymyr Zelensky said that he expects the return of Ukrainian citizens from abroad, but without forcing them to do so.

‘Of course, I am only in favour if Ukrainians come, but without coercion,’ he said.

Zelensky added that some Ukrainians work while abroad and some live on benefits. According to him, it is ‘politically unprofitable for Western partners to spend financial aid for the third year of the war and send them to Ukraine’.

It is also important to note that, even with great desire, there is no normative act that would oblige the allies to return Ukrainians home, as well as which would prescribe the responsibility in the form of returning a Ukrainian citizen of conscription age from abroad only for his violation of laws on defence, mobilisation training and mobilisation without a court verdict.

The only legal institution under which a citizen of Ukraine can be forcibly returned to Ukraine is the institution of extradition. Extradition is extradition of a person to the state, whose competent authorities are looking for this person for criminal prosecution or execution of a sentence.

We remind you! Ukrainian refugees in Germany will retain the right to the status of late migrant, which provides stable legal grounds for long-term stay in the FRG. Read here how to obtain this status and what opportunities it offers for integration and building a life in Germany.

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