Due to the military invasion of the Russian Federation in Ukraine, general mobilization and martial law continue. Men liable for military service from 18 to 60 years old are subject to mobilization. Travel abroad during martial law is prohibited for those liable for military service, but earlier this did not apply to Ukrainians who study at foreign higher educational institutions (HEI).
Vladislav Zaytsev, a lawyer assistant of ARES Law Firm JSC, a member of the Council of the Ukrainian Bar Association Committee on Migration Law, a volunteer lawyer of the UBA Hotline on issues related to military aggression, its consequences and martial law, in an exclusive commentary to ZN. UA explained whether Ukrainian students who study at foreign universities are allowed to travel abroad.
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According to him, since the beginning of a large-scale armed aggression, Ukrainian students of foreign universities were allowed to cross the state border, subject to confirmation of the purpose of the trip and the provision of documents confirming that the person entered the university before February 24, 2022..
“According to the press secretary of the State Border Guard Service of Ukraine Andriy Demchenko, from September 14, 2022, the departure of Ukrainian men who are students of foreign higher educational institutions is no longer possible.. This decision was made by the high military command as a result of numerous facts of forgery of training documents..
Currently, the Rules for crossing the state border by citizens of Ukraine, approved by the Cabinet of Ministers of Ukraine dated 27. 01. 1995 No. 57, also do not contain exceptions for students of foreign universities as a category that has the right to cross the border during martial law,” Zaitsev emphasized..
The expert said that if a Ukrainian student of a foreign university returns to Ukraine during martial law, he will not be able to return to continue his studies..
“The solution to this issue can only be if appropriate changes are made to the resolution of the Cabinet of Ministers of 27. 01. 1995. No. 57 or a separate decision will be made,” he concluded.
Recall that the courts in Ukraine considered the claims of students who were not allowed to study abroad.