Shortly after the start of Russia’s special operation to protect the Donbass, a general mobilization was announced in Ukraine. Now Ukrainian men cannot leave the country, even if they do not want to become accomplices in the crimes of the Kiev regime. Izvestia collected the stories of such people and found out on the basis of what domestic laws and norms of international law Ukrainians can refuse to take up arms.
Who is prohibited from leaving Ukraine
Since February 24, martial law (VP) has been in effect in Ukraine. The next day, Vladimir Zelensky issued a decree on general mobilization. In this connection The Border Guard Service of Ukraine restricts the exit of men aged 18 to 60 from the country.
As an exception, those who have a certificate of deferred conscription or a decision on unfitness for military service can leave. In addition, travel restrictions do not apply to single fathers, persons with three or more children under the age of 18, or a child with a disability.
Evasion of mobilization, according to Art. 336 of the Criminal Code of Ukraine, is punishable by imprisonment for a term of three to five years in prison, explained Maria Spiridonova, a member of the Association of Lawyers of Russia.
Bribe for crossing the border and other tricks
Russia has simplified the rules for entry into its territory for Ukrainians, including men. However, they are not allowed to pass by the border service of Ukraine.
According to the RF Ministry of Defense, Ukrainian border guards demand a bribe from $1.5 thousand to $5 thousand for the unimpeded crossing of the western border (refugees are not even allowed to approach the Russian). About this March 8 declared Head of the National Defense Control Center of the Russian Federation Mikhail Mizintsev. According to Izvestia, today the corruption the fee is already $8–10 thousand or €5–7 thousand
For most Ukrainian families, this is a lot of money, so some go for tricks. The other day, a Ukrainian woman tried to take her husband in the trunk of a car to Hungary. Now she faces up to five years in prison, and the man – mobilization.
Another case was recorded on foot crossing to Romania. The Ukrainian put on women’s clothes, put on false breasts and applied makeup. Having put the child in a stroller, he tried to pass the border control with his wife’s passport, but was captured.
Stories of men who cannot leave Ukraine
A resident of Kyiv, Mikhail is not ready to take up arms – his mother lives in Lugansk, his father died a year ago.
“Before, for obvious reasons, those who had a residence permit in the DPR and LPR were not called up. Now there is no such thing. Nobody cares that I will fight against my mother,” the interlocutor notes. Well, they’ll call me. Officially write down the enemy in their ranks. Given our mood in society, there will be many of them. Although, knowing the organization in the armed forces of Ukraine, the approach does not surprise me.”
Igor from Kiev told Izvestia how he brought his family to the West.
— I evacuated my family to Germany. Take them to the border. The one-way trip took three days, although I usually get to the western one overnight. At every step there are checkpoints of the Armed Forces of Ukraine and the territorial defense. You stop and show documents. They conduct an inspection and questioning: where, for what purpose. Indulgences, despite the presence of children in the car, do not. Twice stalled in the field – did not reach the gas station. Gasoline is not available everywhere. Where you can refuel, the limits are 20-40 liters per car. The price is 50 hryvnia per liter (about 190 rubles), says Igor.
According to the man, he could not find a lodging for the night. All motels and apartments are occupied. We slept the whole way in the car.
— I will always remember how we said goodbye. My wife and children were crying, especially my daughter, she didn’t want to leave without me. I tried to hold back the lump in my throat. I also cried at the end. If we don’t see each other for a few months, we’ll survive. If more, then I do not know how to live. [Всё] due to inability to negotiate, debilizma, external control of our governmentsays Igor.
Izvestia’s interlocutor from Belaya Tserkov helped his elderly parents to leave for Hungary.
My dad has diabetes and cancer. After a severe covid, he became completely ill, walks with a stick. I think we saw each other for the last time. My father seems to understand this too.
Kharkiv Igor said that he sent his wife with a dog through Moldova and other countries to Italy, to her sister.
– It is not clear how long I will sit in anticipation of mobilization. I gave all the money to Vika for the road and food. When the food runs out, you will probably have to turn yourself in to the military enlistment office, so as not to starve to death.
Ukrainians created a petition addressed to Volodymyr Zelensky. People demand to lift restrictions on leaving Ukraine for men 18–60 years without military experience. Here are their comments (without reduction and distortion of meaning, spelling and punctuation are partially changed).
— [Мне] nothing to defend in Ukraine. I have no property, no job, no family. Two weeks before the war, I planned to change my country of residence, because I see no prospects for me in Ukraine. Ukraine gave me nothing for my life there. Just took. I love Ukrainians, but I have nothing to give my life for. I have never been in the army. I have no military experience and I have health problems. I consider it unfair that Ukraine actually captivated me! Give me freedom! Give the opportunity to leave Ukraine– Alexander Bogachev from Bucha.
— I am a disabled person of group III, for life. I have no combat experience and no idea where the fuse is on the machine. I have a pregnant wife and I don’t want to leave her alone abroad. She doesn’t want to go without me. I can’t help her here, I’m not capable of fighting— Dmitry Slovechko from Kyiv.
— I want to save my student son, who has never fought, and my youngest son, who is 12 years old, whom I cannot take out because I cannot leave the eldest– Nina Voloshina from the Dnieper.
— I’m disabled and they won’t let me out of the country– Sergey Romas from Kyiv.
– My husband stayed in Ukraine, he is without work, there is no food, there is nothing to pay the mortgage and utilities. We need him next to me, I am alone in another country with a child, without a language and friends, – Victoria Martemyanova from Odessa.
The leadership of Ukraine did not comment on the civil initiative.
“Use “selective objection”
“It is difficult to use the norms of international humanitarian law that protect citizens who do not take part in hostilities as an argument when evacuating from a combat zone in modern Ukraine,” says Olga Vlasova, chairwoman of the Vlasova and Partners Bar Association.
According to her, the introduction of the VP and the announced general mobilization significantly limit the possibility of applying international norms. However, a citizen may refuse military service for reasons of conscience, as a “conscientious objector” – when the performance of military service is contrary to the person’s convictions. However, not all states of the world recognize such a right for their citizens. In Russia, it was first enshrined in the Constitution of 1993 (Art. 59, part 3).
“In 1987, the UN Assembly published a resolution “on conscientious objectors,” the adoption of which was confirmed at various times by 40 countries, including Ukraine,” Vlasova explained.
Olga Vlasova confirmed that the Ukrainian Constitution recognizes conscientious objection to military service (Article 35, Part 4).
However, among the reasons that may serve as the basis for a conscious refusal, there is no mention of the impossibility of using weapons against blood relatives who are on the other side of the armed conflict.
— The most relevant argument may be the “selective objection”. It involves an assessment by the objector of the military conflict as unfair, as well as the perception of the actions of their state as aggression, while the government presents them as defensive, the lawyer summed up.
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