On January, 30 the President of Ukraine has signed the Order "On additional measures to ensure the realization of partial mobilization in 2015".
As it often happens there are many different speculations around this document. In particular, people are actively discussing rumors saying border guards will block all men who are subject to mobilization. And each person subject to military service, will be obliged to have a certificate from the military commissariat with notification that this person has the right to travel abroad.
I, as head of the NGO “Solidarity of Right Forces,” received many messages and phone calls in which people need to figure out how they should carry out entry and exit from the state.
In the border regions, especially in Western Ukraine,where mutually beneficial cooperation with European partners have been established. Through established relationships and thus foreign investments, new jobs are constantly created, income tax is received by the budget of different levels. According to statistics, the sales turnover with the EU countries is growing. So I’m asked by representatives of small and medium businesses what will happen when they will be banned from going abroad and how will they continue their foreign trade activities.
Indeed, the situation needs some clarification.
I inform you that the military commissariat does not have the right to ban traveling abroad and free movement on the state territory.
A man can be legally liable if being subject to military service he didn’t come to the military commissariat or collection point in a specified period. In the condition that the person has been informed that he was called up. And even if the call-up notice was received by the person, the current legislation of Ukraine doesn’t provide a ban on traveling abroad. It is possible to go abroad, provided that the person returns till the time specified in the call-up notice, when it is needed to come to the military commissariat.
This is not a violation, but only its presumption. There is no reason to prevent a violation which has not been done yet. It is possible only if there is a relevant court decision.
Men of draft age, who are not allowed to cross the border, should apply to the court and challenge the illegality of the officials actions, which preclude the citizen’s right for free movement, entry and exit from Ukraine. Article №33 of the Constitution of Ukraine states: “The freedom of movement is guaranteed to everyone staying lawfully on the territory of Ukraine, freedom of residence, the right to freely leave the territory of Ukraine, with the exception of restrictions established by law.”
Also, according to the p. 2 of Art. 116 of the Constitution of Ukraine, the Cabinet of Ministers, by the way, takes measures to ensure the rights and freedoms of citizens. Article №8 of the Constitution validates and puts in force the principle of supremacy of law. “The Constitution is the highest legal force. The laws and other legal acts are adopted on the basis of the Constitution of Ukraine and shall correspond to it,” – noted in the text of the Basic Law. All provisions of the Constitution are provisions directly applicable and cannot be canceled or significantly restricted by any other law or provisions, except introducing amendments to the Constitution of Ukraine.
The Ukrainian passport and passport for traveling abroad are documents that give the right to leave Ukraine and enter into the country, as well as confirm the identity outside the state. Crossing the border by citizens of Ukraine is carried out in checkpoints upon presentation of one of these documents.
I emphasize that neither the military patrols of the Ministry of Defense or border guards, or police have the right to restrict movement.
Today at the legislative level there are no changes concerning the order of crossing the border because of mobilization.
According to the Minister of Defense of Ukraine Stepan Poltorak, there is no legal restrictions on traveling abroad for men liable for military service and there is no need to have special certificates. The experts are already working and in the nearest future further explanatory documents to the Order of the President of Ukraine will be developed and will give a full list and legal form of possible restrictions in the case of the next wave of mobilization.
In conclusion, it should be noted that in addition to the call up to military service, the Order provides the optimization of military commissariats and involving the SBU (Security Service of Ukraine) and the Prosecutor’s Office to control their operations in order to overcome corruption.
People’s Deputy of Ukraine Andrey Artemenko