Can you travel abroad with a reservation: what men need to know
Details of the issue were disclosed by lawyers from the Kyiv law firm Aktum.
What is a reservation and does it give the right to leave the country?
After the start of full-scale war, the issue of conscripted men leaving the country became one of the most pressing. One of the legal mechanisms remains departure on the basis of a reservation from mobilisation.
At the same time, the reservation itself does not mean automatic permission to cross the border. This primarily refers to a deferral from conscription during mobilisation for employees of enterprises, institutions and organisations that are critical to the economy and life of the country.
The procedure for booking, the criteria and the list of critically important enterprises are determined by Resolution No. 76 of the Cabinet of Ministers of Ukraine dated 27 January 2023.
A reserved employee may travel abroad only in certain cases. This is possible if the trip is related to the performance of production tasks, a business trip, the escort of cargo or a holiday.
What is a critically important enterprise?
An enterprise is considered critical if it is of strategic importance to the economy, defence capability or the livelihood of the population.
This status may be granted on the basis of general criteria, including tax payments, employee salary levels, "Diy City" resident status, and other grounds.
The status may also be determined on the basis of industry or regional characteristics. It may be granted by the relevant ministries in accordance with the industry criteria they have established for the national economy, as well as by regional military administrations to meet the needs of the local community.
To obtain this status, a company must apply to the relevant central executive authority or regional military administration. After reviewing the documents and confirming compliance with the criteria, the company is granted the right to reserve employees.
Criticality must be confirmed annually. Non-state enterprises can also obtain this status, but the average salary of employees and other general criteria are taken into account.
At the same time, regardless of the form of ownership, no more than 50% of employees can be reserved. The exception applies to the defence and fuel and energy sectors.
Who among those reserved can travel abroad
The categories of reserved persons who may be allowed to leave include employees whose activities are directly related to the performance of state tasks, international obligations or work that requires them to be outside Ukraine.
These include railway employees who serve international connections, sailors on international voyages, aviation personnel, long-distance drivers who transport humanitarian cargo or cargo for the needs of the Armed Forces of Ukraine, as well as employees who are sent abroad to resolve issues related to ensuring the defence of the state.
At the same time, permission to leave the country is not granted "for a year" or "for several months" as with a visa. It is issued each time for a specific border crossing and for a specific purpose. In fact, this refers to travel in the form of a business trip or a properly documented vacation.
What documents are required for departure
Crossing the border with a reservation is only possible if there are clear grounds provided for in Resolution No. 57 on the rules for crossing the state border, as well as documentary confirmation of the purpose of the trip.
According to Ukrainian Law No. 2232-XII "On Mobilisation Preparation and Mobilisation", travel is permitted if the trip is a business trip and is confirmed by the relevant documents.
The main set of documents includes a foreign passport, military registration document, order for a business trip or leave signed by the head of the enterprise indicating the country, duration and purpose of the stay, as well as other documents confirming the purpose of the trip.
In addition, an extract from the order of the Ministry of Economy on the reservation of a person liable for military service and an order from the head of the enterprise are important for processing the departure.
In the case of a business trip, the order must clearly specify the purpose of the trip, the dates and the destination. In the case of a holiday, an order granting the holiday is required, confirming the employee's right to stay abroad for the period agreed with the employer.
It should be noted that men under martial law must carry military registration documents with them. The reservation status must be reflected in the Oberig system, and the data must be updated and entered into the relevant registers.
Although some of the information may be reflected in "Reserve+", experts advise that you must have paper documents with you. The reason is that when crossing the border, there may be communication problems or other circumstances that make it impossible to quickly confirm electronic data.
Is it possible to go on holiday
It is generally possible for booked employees to go on holiday. However, this mechanism is accompanied by practical restrictions.
The law does not explicitly define a separate procedure for leaving the country specifically for vacation, so such a trip is only possible if the documents are correctly completed and there are supporting grounds.
The key factor in such a situation is the employer's consent. In practice, it is the position of the company's management and the content of the documents that determine whether a person will be allowed to go abroad on holiday.
When can travel be denied
Even if you have a reservation, border guards may not let you cross the border.
The grounds for refusal may be incomplete documents or documents that raise doubts about their authenticity. Another reason is the absence of an employee in the register of conscripts "Oberig".
There is also a risk if the booking information is not synchronised with the border service databases or contains discrepancies.
Separate problems may arise if the business trip order does not specify the specific purpose of the trip or if it is formulated unclearly.
How to make a reservation
The booking process consists of several stages.
First, the company submits documents to the relevant ministry or military administration with proposals for booking employees. You can also submit a request through the "Dія" or "Rезерв+" portal. The application specifies all the details of the employees to be booked, and the documents are signed with an electronic signature.
Next, the authorities review the lists and make a decision. If necessary, the application may be forwarded to the Security Service of Ukraine for verification. The processing time for a reservation application is up to three days.
After approval, an extract from the Ministry of Economy's order on reservation is drawn up, which is the main document confirming the deferral.
The lists of reserved employees are then forwarded to the General Staff for entry into the registers. If the documents were submitted through "Diy" or "Reserve+", information about the decision is sent to the system itself and by email. After that, the company sends the extracts to the TCC and SP.
Subsequently, data on the reserved employee is entered into "Obereg" and military registration documents.
Advantages and risks of travelling with a reservation
The main advantage of booking is that the employee can continue to perform important work tasks abroad, maintain international contacts, conclude contracts and represent the interests of Ukraine.
However, the procedure is accompanied by risks. The main one is that border guards have the right to additionally check the grounds for departure even if the person has all the documents.
A separate risk is the lack of a complete set of paper documents on hand.
Natalia Gnatyk, a lawyer at Aktum Law Firm, points out that many people mistakenly believe that a deferral in "Reserve+" is sufficient.
According to her, this is not enough. She explains that when crossing the border, paper documents must be available, in particular an order on the criticality of the enterprise, a letter from the General Staff or the Ministry of Economy with approval of the reservation.
In the absence of such a package, the State Border Service has every reason to refuse to cross the border.
What is important to remember
A reservation is not a universal exit permit, but only a deferral from mobilisation. The right to cross the border must be confirmed separately in each case with documents and the purpose of the trip.
The biggest problems arise not because of the absence of a reservation as such, but because of an incomplete set of documents, missing data in the "Oberez" system, discrepancies in the registers, or the mistaken belief that one entry in "Reserve+" will be sufficient.
