The Cabinet of Ministers of Ukraine has submitted draft law No. 13673 to the Verkhovna Rada of Ukraine introducing amendments to legislation on liability for offenses related to crossing the state border.
The new draft law proposes to introduce criminal liability for illegal crossing of the state border during martial law or a state of emergency outside official checkpoints, as well as for intentional violation by conscripts or reservists of the legally established period of stay abroad.
The draft law provides that violation by a conscript, military obligor, or reservist of the statutory deadline for returning to Ukraine during martial law will be punishable by a fine ranging from UAH 34,000 to UAH 51,000 or imprisonment for a term of three to five years. Persons who return and voluntarily report the violation to law enforcement authorities are proposed to be exempted from punishment.
One of the consequences of applying criminal sanctions to a military obligor for exceeding the period of stay abroad is the emergence of a criminal record. Having a criminal record may lead to numerous restrictions, particularly if the person remains abroad. Foreign countries may deny visas, certain licenses, permits for permanent residence or employment, processing of documents at an embassy or consulate, business registration, acquisition of foreign citizenship, and more, to individuals with outstanding or unexpunged convictions.
It should be recalled that under current legislation, seafarers who lawfully left Ukraine during martial law must return no later than the expiry of their employment contract.
