Will the new law on mobilization affect the rules for women’s departure abroad

The new law on mobilization, which will enter into force on May 18, 2024, does not introduce direct restrictions on the departure of women from Ukraine, however, it is important to note that some categories of women are still subject to certain restrictions related to military registration, execution obligations or criminal proceedings. Although the mobilization law makes some changes to the rules of military registration for women, it does not impose direct restrictions on leaving Ukraine for most women. The main act that regulates border crossing rules for all citizens of Ukraine is the law “On the procedure for leaving Ukraine and entering Ukraine for citizens of Ukraine”. It defines the grounds for temporarily restricting the right of citizens to leave the country.

What categories of women may be temporarily restricted from traveling abroad?

1. Acquainted with information that constitutes a state secret;
2. Those convicted of a crime will not be able to leave Ukraine until the end of their sentence (until the end of the criminal proceedings or the cancellation of the relevant restrictions);
3. Those who are under the administrative supervision of the National Police (until the termination of supervision);
4. Those who avoid the fulfillment of obligations imposed by a court decision or a decision of other bodies (officials) that are subject to enforcement.
5. Women with children, who are subject to an administrative penalty for committing an offense, provided for in part seven of Article 184 of the Code of Ukraine on Administrative Offenses – for “failure by parents or persons replacing them to fulfill their duties regarding the upbringing of children.” A woman’s right to leave Ukraine with a child is temporarily restricted for a period of one year from the date of imposition of an administrative fine, except in the case when there is a notarized consent for the child’s departure from the second parent.
6. Heads of legal entities and permanent representative offices of non-residents in Ukraine: those who do not fulfill tax obligations; those who have not paid the tax debt in the amount exceeding 1 million hryvnias within 240 calendar days from the date of delivery of the tax demand to the taxpayer.
7. People’s deputies and deputies of local councils have the right to travel abroad exclusively for the purpose of official business trips; government officials; judges and prosecutors; reserved workers.

It should be noted that the government’s decision provides for a list of exceptions for the specified categories of women, which gives them the right to travel abroad, in particular:

1. Women who have a child/children under the age of 18 (inclusive) to accompany them to travel abroad or to visit them abroad. In this case, you should have birth certificates of the child(ren), documents confirming the stay of the child(ren) abroad (stay in consular registration, stay in education, stay in treatment, etc.). If such documents are issued in a foreign language, they must be translated into Ukrainian and legalized according to the established procedure.
2. If treatment abroad is necessary, in the presence of documents that give the right to leave Ukraine and enter Ukraine, or a letter from the Minister of Health on a list of persons agreed with a foreign party, whom health care institutions of foreign countries can accept for treatment abroad. At the same time, departure is allowed accompanied by one of the family members of the first degree of relatives.
3. On the basis of a separate decision of the Head of the State Border Guard Service of Ukraine (if one of the family members of the first or second degree relatives died abroad).

The list of specialties of women who must be on the military register in Ukraine is established by law. Women between the ages of 18 and 60, who are fit for military service due to their health status, with a medical or pharmaceutical education, must be registered in the military, as well as officially notify the TCC and SP about a change of place of residence or registration, changes in family status, obtaining disability or acquiring the status of an IDP (internally displaced person).

However, according to the new law, there is no gender differentiation (male/female) in the issue of restrictions on the departure of conscripts abroad. In addition, the departure of women of medical and pharmaceutical specialties is practically not limited. Legal norms that oblige Ukrainian women to present military registration documents at border control when traveling abroad are not defined by law.