Legal Consequences for Unauthorized Border Crossing by Mobilized Men During Ukraine’s Martial Law
Amid ongoing martial law and general mobilization in Ukraine, the legal landscape concerning border crossings has grown increasingly complex and stringent.
The government has strengthened measures against reservists and conscripts attempting illegal border crossings, with new sanctions and potential criminal charges.
Recently, the Ukrainian Cabinet submitted a bill aimed at significantly toughening penalties for unauthorized border crossings by men liable for military service during wartime.
Legal expert Volodymyr Pyshida, a lawyer and PhD in law, explained to UNIAN what liabilities might lie ahead for those attempting to cross borders unlawfully.
According to Pyshida, such legislative initiatives may deter some potential offenders, but substantial effects are unlikely to reduce the number of attempts.
‘This initiative has come quite late; I doubt it will drastically alter the habitual behavior of those seeking to leave the country illegally.
In fact, it might serve as a deterrent, because the difference between a verbal reprimand or a fine and criminal liability is quite stark,’ he noted.
Furthermore, Pyshida emphasized that if the bill is adopted, all military reservists abroad could face criminal prosecution for illegal border crossing.
‘Most of these individuals do not plan to return, and Ukraine’s extradition mechanisms remain undeveloped.
Prosecutions could resemble the case of Yanukovych—where Ukrainian courts issued verdicts that severely complicated his life,’ he added.
Regarding the capacity of the judicial system, Pyshida mentioned that many criminal proceedings related to illegal border crossings are still at the pre-trial investigation stage, and not all will proceed to court.
‘Some cases will likely be dismissed due to lack of evidence or other reasons.
Overall, such measures won’t significantly impact the workload of the courts,’ he concluded.
Previously, lawyer Maria Hanina from Rоман Сацика Law Firm elaborated on whether personnel with deferrals can travel abroad during martial law.