The Decree of the President of Ukraine dated 02/24/2022 No. 64/2022 "On the introduction of martial law in Ukraine", in connection with the introduction of martial law in Ukraine temporarily, for the period of the legal regime of martial law, provides for the possibility of restricting the constitutional rights and freedoms of man and citizen, provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine. Article 33 of the Constitution of Ukraine guaranteed everyone who is legally present in the territory of Ukraine freedom of movement, free choice of place of residence and the right to freely leave the territory of Ukraine, except for restrictions established by law.
The rules for crossing the state border by citizens of Ukraine were approved by the Resolution of the Cabinet of Ministers of Ukraine dated January 27, 1995 No. 57.
The specified rules define an exhaustive list of categories of persons who have the right to cross the state border of Ukraine in the event of the introduction of a state of emergency or martial law on the territory of Ukraine, as well as a list of documents granting the right to cross the border.
Administrative and criminal liability is provided for illegal crossing or attempted illegal crossing of the state border of Ukraine. Thus, according to Art. 204-1 of the Code of Administrative Offenses, illegal crossing or attempted illegal crossing of the state border of Ukraine is punishable by a fine of up to five hundred tax-free minimum incomes of citizens or administrative arrest for a term of up to fifteen days, with confiscation of the instruments and means of committing the offense. At the same time, the qualifying signs of the offense include:
- crossing or attempting to cross the state border of Ukraine by any means outside the checkpoints across the state border of Ukraine;
- at checkpoints across the state border of Ukraine without appropriate documents;
- using a forged document or one containing false personal information, without the permission of the relevant authorities.
Article 332-2 of the Criminal Code of Ukraine provides for the punishment of imprisonment for a term of up to three years for crossing the state border of Ukraine with the aim of causing harm to the interests of the state or by a person who is prohibited from entering the territory of Ukraine, or by representatives of units of the Armed Forces or other law enforcement agencies of the aggressor state in any way outside the checkpoints across the state border of Ukraine or at checkpoints across the state border of Ukraine without appropriate documents, or under documents containing inaccurate information.
The Criminal Code of Ukraine also provides for liability for the illegal smuggling of persons across the state border of Ukraine, the organization of the illegal smuggling of persons across the state border of Ukraine, the management of such actions or facilitating their commission by advice, instructions, provision of means or removal of obstacles. This crime is punishable by imprisonment for a term of three to five years (Article 332 of the Criminal Code of Ukraine).
The State Border Service of Ukraine appeals to all citizens of Ukraine: strictly follow the established rules for crossing the state border, do not allow yourself to be tempted by provocative offers from third parties for a reward to facilitate the illegal crossing of the state border.
For questions regarding obtaining clarifications regarding crossing the state border, the hotline of the State Border Service of Ukraine is available: 0800-218-808; 1598 (24 hours a day, but consultations are provided from 08:00 to 17:00).