Ukraine's government proposes penalties for fleeing conscripts, reservists
The Cabinet of Ministers has proposed introducing criminal liability for conscripts and reservists who violate the permitted duration of stay abroad, according to Taras Melnychuk, the government’s parliamentary representative.
The proposal involves amending Article 332 of Ukraine’s Criminal Code (illegal border crossing) to establish criminal liability for:
- Illegally crossing the state border during martial law or a state of emergency outside official checkpoints;
- Obstructing, damaging, or destroying border infrastructure;
- Violating the established duration of stay abroad by conscripts or reservists.
Additionally, Melnychuk said the proposal includes mandating compliance with stay-abroad duration rules for conscripts, reservists, and others subject to military service obligations.
Current situation
Due to martial law and general mobilization, men aged 18 to 60 are prohibited from leaving Ukraine, with exceptions for individuals with disabilities, parents of multiple children, volunteers, and drivers transporting humanitarian aid.
In August, President Volodymyr Zelenskyy requested the government and military leadership to consider allowing Ukrainians under 22 to travel abroad. Prime Minister Yulia Svyrydenko stated that the Cabinet might approve such a resolution by the end of the week (by August 24).
Currently, illegal border crossing carries both administrative and criminal penalties, depending on the circumstances.
Administrative penalties under Article 204-1 of the Code of Administrative Offenses include fines of 3,400 to 8,500 hryvnias ($82-206) or up to 15 days of administrative detention.
Criminal penalties under Article 332-2 of the Criminal Code can result in up to three years’ imprisonment, or five to eight years in cases of repeat offenses or group violations.
However, there is no direct criminal liability for conscripts who legally leave Ukraine and fail to return.
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