Running away will become dangerous: what does the new law on the border change?
21 August 16:33
ANALYSIS FROM 
Recently, it became known that the Cabinet of Ministers approved the draft Law “On Amendments to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and Other Laws of Ukraine on Liability for Offenses Related to Crossing the State Border of Ukraine.” In essence, while previously an offender who tried to leave Ukraine faced only administrative liability, now, in addition to a fine, he or she may face a prison term. In addition, it is proposed to prosecute persons liable for military service for violating the period of stay abroad.
What can these innovations lead to and how they will affect the number of men of all ages fleeing the country, found out
Since the beginning of the full-scale invasion and the introduction of martial law, border guards have detained about 49,000 men who tried to illegally cross the border of Ukraine:
- about 45,000 – on the “green section” of the border (outside checkpoints, through forests, fields, checkpoints);
- about 4,000 – at checkpoints with forged documents or in other illegal ways.
It is unknown how many men of military age left the country bypassing checkpoints and continue to do so.
The government plans to combat attempts to flee the country by men aged 18 to 60 by actually increasing the liability for fugitives in case of their detention. The Cabinet of Ministers proposes to supplement Article 332 of the Criminal Code of Ukraine (illegal transportation of persons across the state border) with a qualifying feature – committing a crime under martial law and establishing criminal liability for
- illegal crossing of the state border under martial law or a state of emergency outside checkpoints;
- obstruction of the arrangement of border infrastructure, its damage or destruction;
- violation by a conscript or person liable for military service of the period of stay outside Ukraine.
It is also proposed to establish an obligation for conscripts, persons liable for military service and reservists to comply with a certain period of stay outside the country.
In addition, it is proposed to transfer the authority to consider cases of administrative offenses under Article 204-1 of the Code of Administrative Offenses (illegal crossing of the state border) to the state border protection bodies.
A term not only for the “smuggler” but also for the “fugitive”
In the current version of Article 332 of the Criminal Code of Ukraine, illegal transportation of persons across the state border, organization, management or facilitation of such actions is punishable by imprisonment for 3 to 5 years.
If the act is life-threatening, committed against several persons, repeatedly, by a group of persons in collusion, or by an official taking advantage of his or her official position, it is punishable by 5 to 7 years in prison and up to 3 years of prohibition from holding certain positions.
If committed by an organized group or for mercenary motives, the penalty is 7 to 9 years in prison to 3 years of prohibition from holding certain positions and confiscation of property. Currently, this article is applied exclusively to those who help people with military service to leave the country.
Recently, a priest was detained at the border for hiding a man of military age under his cassock and trying to leave with him. Several men were found in trucks. A geography teacher was detained for drawing and selling “safe” routes for those who wanted to escape. It is these organizers who are covered by the current article – but not the “travelers” themselves. Now they want to expand it and try the fugitives themselves,” explains lawyer Valentyn Serkov in a commentary
Lawyer Roman Likhachev believes that the authorities are fighting those who decided to leave the country without legal grounds with punitive methods. But how this will actually work is a big question. It is impossible to imprison everyone.
There are already record-breakers who have tried to cross the border 10 or more times. Every time they are fined, especially those under 25, because nothing can be done with them, and they cannot be taken to the TCC. We need to fight not the consequences, but the causes. We have an inconsistent policy: sometimes they ban travel from the age of 18, sometimes they want to allow travel up to 22. Some of those in this age group have already been deported before their 18th birthday. They will soon be gone from the country. Criminal liability for crossing the border is unlikely to stop those who dare to do so,” comments Likhachev.
Travel abroad for a limited period
Another controversial initiative, according to the lawyer: “violation by a conscript or person liable for military service of the period of stay abroad”.
First, people are released legally, and then restrictions are suddenly imposed. The law is not retroactive. People have been released with a deferral, and now they want to limit their stay. This is not allowed. Rights can be restricted during martial law, but not for life. There is no time limit for those who have left legally, so why introduce it now? I doubt that after the introduction of criminal liability, any of them will want to return,” Likhachev said.
The lawyers also criticize the idea to give border guards the authority to make administrative decisions on illegal border crossings.
Abuses are already being recorded: people are being detained 60 kilometers from the border – at the train station – and attempts are being made to attribute violations. If border guards are given the authority to impose fines on their own – without a trial – this will lead to chaos and lawlessness.
For reference
In Russia, illegal border crossing by Russian citizens is punishable by a fine, forced labor, or imprisonment for up to 2 years. The same is true in Belarus.
China has strict control: criminal liability is possible even for its citizens, especially in the event of an escape attempt (Uighurs, activists, dissidents).
In North Korea, fleeing abroad is considered high treason, and those who return face prison or execution.
In Iran, illegal travel is also criminalized and can be interpreted as a threat to national security.
In authoritarian states like Turkmenistan or Uzbekistan, people can also be punished for crossing the border without permission.
In European countries, there is no such responsibility.
Author – Alla Dunina
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