Can relatives of dead civilians travel abroad? Lawyers explain
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The Law “On Mobilization” allows close relatives of fallen soldiers to go abroad. However, does this possibility extend to family members of dead Ukrainian civilians? “UP. Life” asked lawyers to find out. There is a certain conflict in the law, because the status of the deceased is not indicated – whether he was a soldier or a civilian, so lawyers believe that according to the law, the relatives of dead civilians have the right to leave. What does the law say? Article 23 of the Law “On Mobilization Training and Mobilization” contains a list of citizens who are not subject to conscription for military service during mobilization or have a deferment. Accordingly, some of the following list may go abroad. Photo: HayDmitriy/Depositphotos These are people with disabilities, parents of minors with many children, guardians of orphans, people’s deputies, students, etc. Part 3 of the article also mentions students, graduate students, scientists, relatives of the dead/disappeared “Atovites”, as well as relatives of the dead/disappeared during the full-scale war. According to the law, conscription for military service is not subject to “women and men whose close relatives (husband, wife, son, daughter, father, mother, grandfather, grandmother or biological (consanguineous, non-consanguineous) brother or sister): died or disappeared during the implementation of measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation in the Donetsk and Luhansk regions, died or went missing during the implementation of measures to ensure national security and defense, repel and deter armed aggression against Ukraine during martial law. At the same time, paragraph 9 of part 3 does not indicate anything about military or civilian status, direct participation in hostilities, or even death as a result of hostilities (and “during the implementation of measures” does not mean “during the direct implementation of measures)”. Does it work in practice? Lawyers assume that the law allows all conscripts whose close relatives died or disappeared during the war and martial law to travel abroad. However, in practice, this provision of the law does not always work and most likely the border guards will deny you exit if the dead relative was a civilian, believes Yevgenia Ryabek, head of the volunteer movement “Army Lawyers”. According to her, border guards may also have internal orders. “I’m quoting the article, but the border guards may have internal regulations on how they work. That’s why they say we only consider the relatives of fallen soldiers,” Yevgenia says. Photo: IgorVetushko/Depositphotos Andrii Novak, a lawyer at the Miller law firm, believes that only male relatives of the fallen defenders of Ukraine, and not killed civilians, can actually cross the border. The lawyer doubts that the military commissariat will put a corresponding mark in the military ticket, and the border guard will allow a person whose civilian relative died in the war to leave. Despite the vagueness of the wording in the law, which supposedly refers to both military and civilians, the DPSU only releases relatives of dead/missing soldiers abroad. The hotline of the DPSU “UP. Life” answered that close relatives of military personnel who died or disappeared during the defense of the state (starting from April 30, 2018) have the right to postpone mobilization and travel abroad. Lawyers claim that in case of refusal to leave the country, you can go to court and challenge the actions of one or another border guard. Read more about whether it is possible to travel abroad if your relative died or disappeared in the war here. ❗️ “Ukrainian truth. Life” does not encourage readers to go abroad. This material is an attempt to understand the norms of the law and to answer common questions from readers. It will be recalled that the Committee of the Verkhovna Rada answered whether they plan to ban men of conscription age from entering universities. Read also: The summons is not at the place of registration: what changes the new resolution of the Cabinet of Ministers and why you should not be afraid of military commissars
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