Can military-eligible men be returned to Ukraine, how will EU react?
General mobilization and a state of war have been in effect in Ukraine since Feb. 24, 2022, with all men aged 18 to 60 considered eligible for military service and subject to conscription.
Men are prohibited from leaving Ukraine, but many are being recorded abroad, with no established procedure to return them, or punish them for breaking the law.
Read also: Putin signs decree to draft 130,000 conscripts
During a state of war, travel abroad for men in Ukraine is restricted. All military-eligible individuals are forbidden to leave Ukraine, except in cases specified by Cabinet Resolution No. 57. Some military-eligible individuals, lacking the right to leave, have illegally crossed borders and sought asylum in EU, the United States, or Asian countries. Ukraine lacks a system for holding such individuals to account.
Pavlo Lakiychuk, Head of Security Programs at the Center for Global Studies, Strategy XXI, spoke to NV about the methods of returning these men and the EU’s stance towards them.
“On the one hand, this is a problem. Poles, Germans, and Czechs ask, ‘Why are we helping Ukraine when, at every step, there are tens—hundreds of thousands in Germany – of men of conscription age who live normally and also receive assistance from the German, Polish, or Czech state?” he said.
Such a situation is deemed normal by EU countries receiving these men, the expert added.
Read also: Defense Minister Umerov announces plans to draft Ukrainians living abroad
“According to the laws in Poland, Germany, or Czechia, this is all normal. These people are refugees escaping from war. For them, it doesn’t matter if they are men or women; they are seeking refuge from the war, and they don’t want to live in a place with conflict. They are looking for somewhere safer and better,” he said.
Lakiychuk highlighted that this is Ukraine’s problem, and it must regulate these matters on its own.
“In this case, I don’t have an answer. Indeed, if we approach the mobilization legislation comprehensively, these would be unpopular decisions,” Lakiychuk said.
Return of draft evaders to Ukraine – What is known
Ukrainian military-eligible individuals who have left the country with forged documents may not be exempt from extradition to face legal consequences, said David Arakhamiya, the head of the Servant of the People faction.
Commenting on the results of Medical Examination Boards (MEB), Arakhamiya claimed that Ukrainians “spent tens of millions of dollars bribing officials” across the country to avoid conscription. Checks on all MEB decisions regarding fitness for military service have been initiated in Ukraine since Feb. 24, 2022.
“We now have significantly strengthened the international legal assistance direction. In any country in the world, except Russia, our law enforcement agencies can make extradition requests and bring (draft evaders) to Ukraine to be held accountable,” he said.
Read also: SBI probe unmasks Zaporizhzhya draft evasion ring, as officials helped over 300 men dodge service
Who can leave Ukraine during the state of war
During a state of war, the law does not prohibit the following categories of men and women from crossing the Ukrainian border:
Women who are not civil servants and not military personnel
Men under the age of 18 and over the age of 60
Individuals excluded from military records by the decision of the Military Medical Commission due to unsuitability for military service, with relevant documents from the MEB
Men who are Ukrainian citizens permanently residing in another country, registered at the consulate with appropriate passport stamps
Men who are citizens of other countries.
Read also: SBU uncovers another draft evasion scheme in Odesa, two organizers arrested, face 9 years in prison
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