Ukraine wants to introduce criminal liability for illegal border crossing during martial law

The Cabinet of Ministers of Ukraine has initiated a draft law introducing criminal liability for illegal departure from the country during martial law.

This was reported by Ukrainian media citing the government’s representative in parliament.

According to the document, penalties will apply to those attempting to cross the border outside official checkpoints. Criminal liability will also be established for damaging or destroying border infrastructure facilities, as well as for violating established time limits for staying abroad.

Since the beginning of the full-scale invasion, Ukrainian authorities have repeatedly recorded cases of illegal border crossings by men of conscription age. Thousands of Ukrainians have been detained by border guards while attempting to leave the country outside checkpoints — through rivers, forested areas, or with forged documents. Until now, such actions were treated as administrative violations, but the government proposes to toughen responsibility by moving them into the category of criminal offenses.

The initiative is linked to the ongoing martial law, which restricts men aged 18 to 60 from leaving the country. The Cabinet notes that mass attempts at illegal border crossing not only undermine mobilization resources but also create a threat to national security.

In March 2022, Ukraine had already considered introducing criminal liability for illegal border crossing during wartime for a wide list of citizens — primarily those liable for military service.

Violators then faced severe penalties — prison terms of 5 to 10 years and confiscation of property. For officials or border guards who helped those barred from leaving, the punishments were even harsher: 7 to 12 years in prison plus confiscation of property.