Founder and CEO of the investment company Inzhur, Andriy Zhurzhiy, who was recently removed from a train by border guards despite having legal grounds for leaving, told how the incident was resolved.
Founder and CEO of the investment company Inzhur, Andriy Zhurzhiy, who was recently removed from a train by border guards despite having legal grounds for leaving, told how the incident was resolved.
Recall that Zhurzhia, who regularly travels abroad, has updated data and is the father of three children, was not allowed to leave the country. He threatened to go to court.
The entrepreneur is convinced that border guards and society in general often confuse the right to deferment and the right to cross the state border. He explained how deferment from mobilization and the right to enter are regulated during martial law.
The Law of Ukraine «On Mobilization Training and Mobilization» in paragraph 3 of part 1 of Article 23 provides that conscripted women and men who are dependent on three or more children under the age of 18 are not subject to conscription for military service during mobilization.
Part 8 of Article 23 states that a deferment from military service during mobilization may be issued using the Unified State Register of Conscripts, Conscripts and Reservists based on data obtained from other state registers or databases confirming that the conscript is entitled to one of the above deferments.
The procedure for registering a deferment from military service during mobilization using this register is determined by the Resolution of the Cabinet of Ministers of Ukraine No. 560 dated 16.05.204. Part 17 of the said resolution provides that the heads of the state border protection bodies shall deny crossing the state border (for departure from Ukraine) at checkpoints across the state border of Ukraine to male persons aged 18 to 60 years: in the event that such persons do not have a military registration document; if the Unified State Register of Conscripts, Military Conscripts and Reservists contains information about the submission of such a person to the National Police for wanted status; This resolution does not provide for other grounds for refusal to cross the state border.
The procedure and conditions for crossing the state border are determined by the Rules for Crossing the State Border by Citizens of Ukraine approved by the Resolution of the Cabinet of Ministers of Ukraine No. 57 dated January 27, 1995 (last amendments made on August 16, 2024). Paragraphs 2-6 of this Resolution determine that in the event of the introduction of a state of emergency or martial law on the territory of Ukraine, the right to cross the state border is granted to persons liable for military service who are not subject to conscription for military service during mobilization. This norm does not apply to persons specified in paragraphs two and three of part three of Article 23 of the Law of Ukraine «On Mobilization Training and Mobilization».
Namely, persons who are not subject to conscription. The term «deferral» is not mentioned at all in the said rules.
«Thus, from a systematic analysis of the legal norms regulating the issues of mobilization, granting deferrals, and crossing the state border, we can reach the following conclusions.
«That’s all! According to the electronic system „Reserve +“, my registration data was updated on time, namely on 18.06.2024. At the state border checkpoint, I provided: three birth certificates of minor children; international passport; military registration document; certificate from the Solomyansky CCC in the city of Kyiv stating that I am a person not subject to conscription for military service during mobilization,» Zhurzhiy reported.
He added that, given the above, the officials had no legal basis for making a decision to restrict my travel abroad.
«The Yagodyn checkpoint is waiting for me again. First of all, I want to thank the employees of the Solomyansky CCC in Kyiv for their prompt assistance in processing the postponement. And, of course, for reading my posts. Thank you! Considering that my previous post about being illegally removed from the train became news in many media outlets, I want to describe in more detail why I consider the actions of the border guards in prohibiting me from crossing the state border to be illegal,» he wrote.
