The ban on the exit of men from Ukraine does not comply with the Constitution, certain categories of people need to restrict the exit - NACP

Since the beginning of the war, the restriction of the right of men liable for military service to cross the state border has caused a significant public outcry and was accompanied by numerous scandals. Therefore, the National Agency for the Prevention of Corruption (NAPC), as an authorized body, conducted a thorough analysis of border crossing processes. Research results presented deputy head of NAPC Artyom Sytnik.

Based on the analysis, a number of schemes and corruption risks were identified, as well as shortcomings and gaps in legislative regulation.

Sytnik emphasized that 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" may be introduced exclusively by its direct establishment in the decree of the President of Ukraine on the introduction of martial law. However in Decree of the President “On the introduction of martial law in Ukraine” dated February 24.02.2022, 64 No. 2022/XNUMX, such a restriction was not established.

“The Decree, adopted on February 24, quotes verbatim the Constitution and admits the possibility of such restrictions for the future, but does not contain a direct ban for departure. 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 changes to it and their further approval by the Verkhovna Rada.- said Sytnik.

According to him, these restrictions and legal uncertainty around the bottom have become the primary sources of corruption schemes and risks. Among these schemes, he identified:

• departure of men through the “Way” system as a driver or a second driver (the system allows you to quickly check drivers who go abroad for humanitarian aid);
• fictitious documents with statements about the removal of persons liable for military service from military records;
• letters from government agencies to the State Border Service;
• receipt of unlawful benefits by involved officials, etc.

According to Sytnyk, thanks to these schemes, the following people were able to leave the country:

• former Deputy Secretary of the National Security and Defense Council Oleg Gladkovsky, who was repeatedly booked by the regional military administrations as a driver for the transport of humanitarian goods;
• son Andrey Portnov;
• ex-head of the CCU Alexander Tupitsky and more

In this regard, the NACP proposes not only to make the necessary changes to Zelensky's Decree, but also establish restrictions for the relevant categories of citizens to travel, as well as provide the possibility for the Government to introduce exceptions and adjust the administration of the Path system. The NAPC has already sent the corresponding proposals to the Office of the President, the Prime Minister and the Prosecutor General.

Most illegal immigrants travel through Hungary

On words Sytnyk, the flow of people who illegally cross the border of Ukraine under martial law, and, among other things, take out valuables that do not correspond to the declared income, is the highest on the Ukrainian-Hungarian border.

At the same time, if this issue was discussed with the Polish colleagues and they themselves informed the Ukrainian side on the necessary issues, then cooperation with the Hungarian colleagues is much worse. In this regard, officials leaving the country more often used the border with Hungary.

“It seems to me that the problem of the Transcarpathian region is much more acute than in other parts of the border. This is also due to the position of some representatives of the authorities of the Republic of Hungary”- summed up Sytnik.

It should be noted that the initiative to strengthen control over men leaving Ukraine was announced by the NAPC after journalists published investigation about the Monaco Battalion - VIP refugees from Ukraine, who mostly left the country illegally and sit out the war in the most expensive Western resorts.

However, as part of the fight against the flow of illegally leaving Ukraine, a decision was made that could break the lives of so many young men in Ukraine: yes, earlier all Ukrainian male students studying abroad banned from leaving the country until the end of the war. And now it is likely that after the tightening of travel regulations, those who are really involved in the delivery of humanitarian aid will be the first to suffer, while those who have established illegal exit schemes will remain within the framework of the old ones due to connections in government agencies or will try to come up with new schemes.

We also wrote about in Ukraine decided to change the cost of travel for men liable for military service abroad, and told that the SBU closed four channels at once for the departure of men liable for military service from the country.

In addition, we talked about how Sytnik and Co. is at war with Russiaand wrote about in April, during the war, he received more than a million hryvnias of salary.

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