Starting July 17, all men aged 18 to 60 will need to have a military registration document with an up-to-date VIN code to cross the state border. Find out how else the new law on mobilization has affected border crossings by men with many children

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Paragraph 4, 1 of Article 23 of the Law of Ukraine “On Military Mobilization Training and Mobilization” clearly states that men who have three or more dependent children under the age of 18 are not subject to military service during mobilization. Accordingly, a father with many children cannot be mobilized, and he has the right to leave Ukraine freely. This is true, but with certain procedural nuances.

How can a man with many children get the right to cross the border? Now only through the CCC

The main criterion that will allow a father with many children to obtain a deferral and the right to cross the border is no longer the mere presence of three or more children under the age of 18, but the documented fact that the father is raising and/or supporting minor children. It does not matter whether the man's children are from the same marriage or from different marriages. The right to deferment also applies to guardians and adoptive parents who are able to certify the fact that they are supporting three or more children under the age of 18. This is stated in paragraph 26 of the “Border Crossing Rules”.

Therefore, if a man does not live with his children for some legitimate reason, he must prove to the CC that he supports each of his minor children in order to defer the stay. This can be a court decision on alimony and a certificate from the executive service on the current status of their payment if the man is officially divorced from the child's mother. If a man is in arrears on alimony for more than 3 months, he loses the right to a deferral.

Therefore, according to the current legislation, a father with many children must first of all apply to the TCC to prove his right to deferral.

Has the new law on mobilization changed the rules for crossing the border for parents with many children?

The basic rules for crossing the border during martial law and general mobilization are regulated by Resolution of the Cabinet of Ministers of Ukraine No. 57, which remained unchanged. Therefore, although a new law on mobilization and military service came into force on May 18, the current rules for traveling abroad remain in force, said Andriy Demchenko, a spokesman for the State Border Guard Service.

However, it should be understood that the main factor in allowing men aged 18-60 to travel abroad after July 17 is the presentation of a military registration document with an up-to-date VIN code and a record of deferment to border guards, not the fact of having and maintaining three or more children.

Therefore, even those who have the right to cross the border must visit the territorial center for recruitment and social support and receive a military registration document with a VIN code. Border Guard Service employees will read it with a special device to gain access to the electronic personnel file of the person liable for military service.

It should be noted that persons liable for military service who have two children under the age of 18 and a wife pregnant with a third child are not entitled to a deferment from mobilization but will be able to receive it only after the birth of the third child.

It is important to remember that when considering an application for deferment from parents with many children, the MCC and JCC cannot and should not refer such an applicant for a medical examination by the MEC. A referral to the MLC can be issued to such a person only after the deferral is approved or after a reasoned refusal to grant the deferral.

Deferred action for parents with many children: what documents are required for the MLC and the SP?

Men who are eligible for a deferment due to having 3 or more children must provide the CCC and JV with the appropriate package of documents:

1. Birth certificates of three or more minor children with indication of paternity of the person liable for military service in each of them and one of the following documents

- a certificate of marriage registration with the mother/father of three or more children under the age of 18;
- or a court decision to dissolve the marriage and determine the place of residence of the children with the father/mother;
- or a decision of the guardianship and custody authority to determine the place of residence with the parent who is liable for military service;
- or a written agreement between the parents on whom  the children will live with and the participation of the other parent in their upbringing and maintenance;
- or a court decision establishing the fact that a child is a dependent of a person liable for military service in accordance with the provisions of Article 315 of the Civil Procedure Code of Ukraine.

Parents with many children will be able to get a deferral remotely, using the Reserve+ application

Please note that fathers with many children are now included in the list of categories of men who can get a deferment online, through the Reserve+ application. This was announced by Deputy Minister of Defense for Digital Development, Digital Transformation and Digitalization, Kateryna Chornohorenko.

This innovation, according to the official, is intended to significantly reduce bureaucratic processes, bring the digitalization of public services in Ukraine closer, and make life easier for thousands of Ukrainians who are liable for military service and are entitled to a deferral from mobilization.

Currently, automatic deferment (not to be confused with reservation) is available for the following categories:

- Students enrolled in full-time education;
- Parents with many children who are raising/supporting three or more children.

Chornohorenko explained that these categories of persons liable for military service will be able to get a deferment in the Reserve+ program because state registers already contain all the necessary data proving the right to deferment for such persons. Thus, birth certificates, civil status, information about family ties, and student ID cards can be pulled up in Diia and Reserve+ through state registers.

Earlier, we told you that the official app from the Ministry of Defense ,Reserve+, became available on May 18. This service allows you to update your military registration data without a personal visit to the military registration and enlistment center.

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You can lose your mobilization deferment for non-payment of alimony. Can it be renewed?

According to the updated law on mobilization, there are sanctions for parents with many children who evade paying child support. Starting on August 1, such persons will lose the right to deferment, and therefore to cross the border.

TCCs will submit inquiries to the State Register of Debtors and Enforcement Proceedings, after which they will receive a certificate for each person.

Persons who are in arrears in child support payments for more than 3 months may be mobilized, as the right to deferment will be lost. If the right to deferment is lost, it can be restored after the debt is paid in full.

Starting July 17, men with many children will need to present the following basic supporting documents to cross the border:

1. A military registration document with an up-to-date VIN code;
2. A certificate (valid in the presence of a military ID) of deferral with the specified reasons and terms;
3. Birth certificates of all three children and more children under the age of 18;

Also, under certain circumstances, border guards will ask you to present:

1. Certificate of marriage registration with the mother of the children (three or more children under 18);
2. Court decision on divorce and determination of the place of residence of children with the father;
3. A court decision on divorce and a decision of the guardianship and custody authority on determining the place of residence of the children with the father;
4. Certificate of the father of a large family;
5. Court decision on deprivation of parental rights of one of the parents;
6. Death certificate of the child's mother;
7. A court decision to take the child from the mother without depriving her of parental rights;
8. A court decision declaring the mother missing;
9. Certificate from the executive service on payment of alimony

A man of military age who has three or more minor children as dependents may travel abroad even without the physical presence of the children. He just needs to present the relevant documents or their notarized copies at the border.

If the man does not live with his children, the border may also ask for proof of their support, including a notarized statement from the mother that she does not have any child support arrears.

In our previous article, we wrote about the rules for men with disabilities to travel abroad in 2024.

Where to turn if you are not allowed to pass at the border?

If a man with many children has the required package of documents, but representatives of the State Border Guard Service of Ukraine refused to let him cross the border, he has the right to appeal the refusal of the border guards. There are two ways to do so:

1. To file a complaint with the main body of the State Border Guard Service that issued the decision to refuse to cross the border (within 30 days after the refusal - free of charge, after a month (with payment of a fee for consideration of the case).
2. File a lawsuit with the district administrative court to recognize the actions of the Border Guard Service as unlawful regarding the refusal to cross the border (can be filed within 6 months from the date of refusal).

How to file a complaint with the main body of the State Border Guard Service?

The complaint shall be submitted in writing, stating:

1. Contact information;
2. The border crossing point at which the border crossing was denied;
3. The grounds on which the refusal was received.

The application must be accompanied by documents confirming the right to leave Ukraine.

How to file a lawsuit in case of refusal to cross the border?

A lawsuit is filed under Article 160 of the Code of Administrative Procedure of Ukraine to the administrative court at the place of residence of the plaintiff or defendant. The complaint must be accompanied by:

1. Documents confirming the right to leave during martial law;
2. A copy of the refusal to grant permission to cross the border;
3. Receipt of payment of the court fee.

Visit Ukraine lawyers remind that mobilization and military registration during martial law are obligations obligation, while postponement and border crossing is a right that a citizen liable for military service may or may not exercise. That is why our full-fledged legal support on any migration and border crossing issues is in such demand now. Request a consultation by following the link.

We remind you! You can make an appointment with the TCC through an electronic queue, which will save you time and nerves, but this E-queue has its own nuances, which we wrote about a week ago.

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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