< p _ngcontent-sc181="" class="news-annotation">During martial law in Ukraine, there are restrictions on crossing the state border. Men of military age can travel if they have documents confirming the appropriate permission.
For illegal border crossing, administrative and criminal liability is provided. Oleksandr Tregub, a senior lawyer at the Right to Protection Charity Fund, told about this.
Administrative responsibility
Administrative responsibility is provided for crossing the border outside checkpoints. For example, through a forest, a river, in the trunk of a car, and so on. In addition, for providing someone else's document when crossing the border.
A fine or administrative arrest is provided for this violation,” Tregub noted.
In the temporarily occupied territories and where hostilities are or have been fought, a procedure for exit and entry has been developed. For its violation, administrative liability also threatens. In particular, according to the lawyer, this applies to those who decided to enter Russia through the occupied territory, for example, through the Crimea, through Melitopol or Zaporozhye.
Criminal liability for illegal travel abroad
If a man decides to cross the border with forged documents, seals or forms, such actions will be qualified already under article 358 of the Criminal Code.
For example, a man used a fake passport to cross the border, which indicated that the man was 17 years old. But he has already turned 18. Or he is going with fake conclusions of the VLK (military medical commission – Channel 24) about declaring him unfit. Responsibility under this article is provided for in the form of a fine or restriction of freedom, – said Alexander Tregub.
A fine or up to 4 years in prison is threatened for offering, promising or providing an illegal benefit to an official to cross the border.
“Moreover, responsibility comes for the offer to give a bribe for illegal passage through the border, regardless of whether the border guard accepted the offer and took bribes. But regardless of whether it was possible to cross the border as a result,” says the lawyer.
In addition, in all cases of illegal border crossing by men from 18 to 60 years old, their actions can also be qualified under Article 336 of the Criminal Code of Ukraine. We are talking about evading conscription for military service during mobilization, for a special period, for military service for the conscription of persons from reservists in a special period.Pay attention! Violation of this article threatens with imprisonment for a period of three to five years.
However, the lawyer notes, one should not think that any of the men of military age who tries to illegally cross the border or has already crossed it to avoid mobilization will automatically fall under Article 336.
If the court can prove that the illegal crossing of the border by a man of draft age was committed precisely for the purpose of evading mobilization, that is, the subjective side of the crime (motive, intent), then only such illegal acts persons can be qualified as a crime, the responsibility for which is provided for by Article 336 of the Criminal Code of Ukraine,” Tregub explained.
