Young people without borders: what will the new law on departure change?
25 August 20:20
ANALYSIS FROM 
While the Cabinet of Ministers is delaying allowing young people under 22 to travel abroad, the Verkhovna Rada has registered a draft law “On Amendments to the Law of Ukraine ‘On the Procedure for Departure from and Entry into Ukraine by Citizens of Ukraine’ regarding the temporary restriction of the right to leave Ukraine for conscripts and persons liable for military service during the period of martial law or a state of emergency.” If passed, it will open the borders to young people under 25. Kommersant Ukrainsky analyzed what will happen if young and promising citizens start leaving the country en masse.
The bill aims to lift the current restrictions on leaving Ukraine for conscripts and persons liable for military service who are not subject to mobilization due to age. It is proposed to amend the Law of Ukraine “On the Procedure for Departure from and Entry into Ukraine of Citizens of Ukraine,” in particular, to supplement Article 6 with a new part seven:
For the period of martial law or a state of emergency in Ukraine or in certain areas of Ukraine, the right of conscripts, persons liable for military service and reservists to leave Ukraine may also be temporarily restricted by law. The said temporary restriction may not be imposed on persons who do not reach the age of call-up for military service during mobilization in the current or next year.
Also, Article 11, which regulates that military personnel may leave Ukraine on a general basis, is proposed to be supplemented with the words: “unless otherwise provided by law”.
As stated in the explanatory note, after the beginning of the full-scale aggression of the Russian Federation and the introduction of martial law, restrictions on travel were introduced for men aged 18-60. This is permissible under the Constitution of Ukraine and international law to ensure defense.
However, according to the current legislation, they are not subject to mobilization:
- persons liable for military service under the age of 25 who have completed basic training;
- conscripts aged 17-25.
However, even these categories cannot go abroad. The only exceptions are:
- contract soldiers under the age of 25;
- students aged 18-22 who are full-time students and participate in academic mobility.
Due to the restrictions, many young people (18-25 years old) who study or work abroad cannot return to Ukraine because they will not be able to leave again. Families are forced to send their children abroad at the age of 17. The ban provokes illegal departures, has social and humanitarian consequences, while not significantly affecting defense capabilities,” says the explanatory note of the bill’s author, MP Fedir Venislavsky.
For men who turn 25 this year or next year (and are already subject to mobilization), the restrictions are proposed to remain in place.
Against the criminalization of ordinary Ukrainians
Vasyl Voskoboynyk, head of the Migration Policy Office and president of the All-Ukrainian Association of International Employment Companies, told [Komersant] that according to polls, 83% of Ukrainians aged 18 to 35 plan to leave Ukraine.
The fact that Ukraine wants to ease the conditions for leaving is a positive signal. It means that we are gradually moving towards peace. Young people will be able to leave, return for vacations, and those who have graduated will be able to get a good job in Ukraine. This will stimulate not only leaving but also returning,” the expert believes.
Voskoboynyk welcomes the initiatives of the President and MPs to encourage young people under 25 to leave, but strongly opposes the Cabinet’s proposal to criminalize border crossings in unauthorized places.
Last year, one of the MPs said that the “black market” for travel permits reached $2 billion. “Increased liability for ordinary Ukrainians fleeing the war without similar punishment for officials who make money on permits will not be accepted by society,” he emphasizes.
They will leave, but they will also return
As for fears of a mass exodus after the restrictions are eased, the expert notes:
“The security factor primarily affects the departure and return. People are fleeing the war – it’s natural. Mass returns are possible only after the end of hostilities, peace or a ceasefire, and the opening of borders. If the borders remain closed, the return of 7 million Ukrainians abroad will be unlikely.
It is estimated that after the end of the war and the opening of the borders, another 1.5-2 million people will leave Ukraine, mainly to reunite with their families or to work.
People should not be deterred by criminal penalties. We need to create conditions so that they do not want to leave Ukraine,” Vasyl Voskoboinyk concludes.
Author – Alla Dunina
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