What categories of men can be returned to Ukraine from abroad?
During this time, all men between aged 18 to 60 are considered conscripts and can be called up for military service. They are also banned from leaving Ukraine, except for a list of categories of men (resolution No. 57 of the Cabinet of Ministers) who are allowed to travel abroad during the war.
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Spokesman for the State Border Guard Service of Ukraine Andriy Demchenko told national television on May 8 that those men who are trying to illegally cross the border during martial law will be returned to Ukraine.
According to the spokesman, conscripts who crossed the border in violation of the law have no grounds for receiving refugee status abroad, while EU countries are cooperating with Ukraine to return such men back.
“Since the beginning of the full-scale invasion, we’ve been cooperating with our colleagues from the European Union and Moldova to counter any attempts at illegal border crossing,” he said.
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“Some are trying to immediately apply for refugee status, but they have no grounds for obtaining such a status.”
The procedure for the organization and maintenance of military records of conscripts and reservists established by government resolution No. 1487 provides that men aged 18 to 60 are registered for military service in Ukrainian diplomatic institutions abroad.
Diplomatic institutions collect, store and transfer this data to Ukraine, and are also obliged to facilitate the return of conscripts if a draft is announced in Ukraine.
According to military lawyer Yaroslav Zhukrovsky, the enemy is spreading rumors and disinformation that Ukrainian men are being put on buses and taken to Ukraine.
“First of all, (diplomatic institutions) inform citizens who have entered the consular register and have reached conscription age about the start of the next draft,” he said.
“Second, they facilitate the return of conscripts to their homeland. The word ‘facilitate’ is the most controversial here. Rumors that Ukrainians abroad will be packed into buses and forcibly taken to Ukraine aren’t true. But Ukrainian legislation doesn’t explain what exactly ‘facilitating return’ means.”
Zhukrovsky also noted that military registration at diplomatic institutions and undergoing military medical commissions or mobilization are not the same, as this is the recording of a citizen in the military registration documents of consulates, which are then transferred to territorial recruiting centers in Ukraine.
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Can summonses be issued abroad or men deported?
Resolution No. 1487 does not provide for such an obligation as issuing summonses to conscripts, therefore no one issue or will issue them, while rumors about similar cases or situations are Russian disinformation.
“According to Ukrainian legislation, foreign diplomatic institutions cannot serve summonses,” the lawyer said.
“After all, a summons is a document that invites a person to a territorial recruiting center to clarify military data or undergo examination by a military medical commission.”
Zhukrovsky added that the deportation of conscripts to Ukraine has no legal basis, so Ukrainian diplomatic institutions cannot do it.
“Military registration at foreign diplomatic institutions is, most likely, a declarative mechanism for clarifying the data of Ukrainian citizens,” he said.
“Ignoring this rule is not grounds for deportation. Diplomatic institutions have no legal grounds for this.”
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