The restriction of the right of conscripted men to cross the state border caused a significant public outcry.
Corruption schemes have been identified, as well as gaps in legislative regulation. Restriction of the right of citizens to freely leave the territory of Ukraine during martial law in accordance with the Constitution of Ukraine and the Law of Ukraine «On the legal regime of martial law» can be introduced exclusively by its direct establishment in the decree of the President of Ukraine on the introduction of martial law.
However, in the Decree of the President of Ukraine «On the introduction of martial law in Ukraine» dated 24.02.2022 No. 64/2022, such a restriction was not established.
The decree, adopted on February 24, quotes the Constitution verbatim and allows for the possibility of such restrictions for the future, but does not contain an outright ban on travel. If a decision is made on the need to restrict the right of certain categories of citizens to freely leave the territory of Ukraine during martial law, the first step should be to establish such a restriction in the decree of the President of Ukraine by making appropriate amendments to it and their further approval by the Verkhovna Rada.