Because of the war that the Russian Federation began, in Ukraine there is universal mobilization and martial law. The military persons who receive summons are subject to conscription. For military personnel in this period, certain restrictions on traveling abroad are valid. Lawyer Nelya Romanenko on the B2bconsult portal told whether the guardian/adopter of a 7-year-old child, devoid of parental guardianship, can go abroad.
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Romanenko explained that the rules for crossing the state border by citizens of Ukraine, approved by the Decree of the Cabinet of Ministers of January 27, 1995. No. 57, namely in paragraph 2-1, 2-2, a list of persons entitled to cross the border during martial law is determined.
" This norm does not apply to persons defined in paragraphs of the second and third part of the third of Article 23 of the Law of Ukraine "
According to the lawyer, at the same time paragraph. 9 hours. 1 tbsp. 23 of the Law "
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The expert added that according to paragraph 6 of the Rules No. 57, it is stipulated that the departure from Ukraine of orphans, children deprived of parental custody who have not reached the age of 16, is carried out:.
who are under guardianship, trusteeship by decision of the guardianship and trusteeship bodies, if the original decision/order is presented on the establishment of guardianship (trusteeship) or its notarized copy and accompanied by a guardian or trustee (subparagraph 4 of paragraph 6 of the Rules);
who are in the care of the court by decision of the court, in the case of a court decision on the establishment of guardianship (trusteeship) or its notarized copy and accompanied by a guardian or trustee (subparagraph 5 of paragraph 6 of the Rules).
According to Romanenko, departure from Ukraine of citizens who have not reached the age of 16, accompanied by one of the adopted parents, parents-educators, is carried out by a notarized consent of the second parent with an indication of the state of following and the corresponding time period of stay in this state, if the second of them is the second of them.
“The departure from Ukraine of orphans, children deprived of parental custody who have not reached the age of 16, including those living (located) in areas of the anti-terrorist operation, must first be agreed with the service of children of the corresponding local state administration or urban (for.
The lawyer added that the guardian and adoptive parents are entitled to cross the border.
Previously, Daniil Goncharenko, a lawyer of military law of Military Law, Yuk Prikhodko and Partners, in which cases they can mobilize up to 25 years.