"Removed from military registration": will this mark help to cross the border?
In Ukraine, during martial law, men aged 18 to 60 are prohibited from traveling abroad. If men have documents marked "removed from military registration" it will NOT help them cross the border. Why? Read on.
The current Law of Ukraine "On Military Duty and Military Service" appeals with two concepts:
1) removal from military registration;
2) excluded from military registration.
Let's explain the difference with an example. For example, one of the reasons for the actual removal from military registration of conscripts in accordance with subparagraph 1, paragraph 2, part 5 of Article 37 of the above-mentioned Law of Ukraine is removal to another area (administrative-territorial unit) of Ukraine to a new place of residence. However, at the new place of residence, the person must register for military service.
The Law of Ukraine "On Military Duty and Military Service" in Part 6 of Article 37 establishes that citizens of Ukraine who:
• drafted or accepted for military service;
• undergo military service (training) in higher military educational institutions and military educational units of higher education institutions;
• recognized by military medical commissions as unfit for military service, with exclusion from military registration;
• have reached the maximum age of being in stock;
• terminated Ukrainian citizenship;
• were previously sentenced to imprisonment for committing a serious or particularly serious crime;
• sent to serve a sentence in institutions for the execution of sentences or to which coercive measures of a medical nature have been applied;
• died or were recognized as missing or declared dead in accordance with the procedure established by law.
As you can see, the exclusion has a completely different legal nature, in its essence it is the termination of the action as such, and the withdrawal in the sense of the Law of Ukraine "On Military Duty and Military Service" is purely a change of place (ie TKC and SP) or a change in the registration list.
In today's realities, to cross the border on the basis of unfitness for military service, you must have:
• conclusion of the VLK on unfitness;
• the mark "excluded from military registration".
In its letter dated March 17, 2022, the State Border Service of Ukraine determined that the restrictions on the ban on leaving Ukraine for male citizens of Ukraine aged 18 to 60 for the period of the legal regime of martial law do NOT apply to persons, in particular, who have a military - medical commission on unfitness for military service in wartime.
Supporting documents can be: a certificate of unfitness from the military medical commission.
Source: "Advokat Prava" Telegram channel
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