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Vacation Abroad for a Reserved Employee: Legal Aspects and Risks

During martial law in Ukraine, the ability of men aged 18 to 60 to travel abroad is significantly restricted. An exception is made for certain categories of individuals, including military-liable persons who are “reserved” (granted a deferment from mobilization) for the period of mobilization and wartime, in accordance with Art. 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization.” Such employees are not subject to conscription and are registered on a special military list.

Current regulations, particularly the Rules for Crossing the State Border by Citizens of Ukraine, provide for the possibility of reserved employees traveling abroad only for official business trips. The issue of traveling abroad during a vacation is not legally regulated. Currently, the procedure for such a trip is determined at the discretion of the border guard service during inspection, which creates a high level of uncertainty and risks for both the employer and the employee.

To cross the border, you must have:
● A foreign passport;
● A military registration document or an electronic record in the “Rezerv+” application with a note of reservation;
● An extract or a copy of the vacation order (specifying the country, duration, and position);
● Additional documents confirming the purpose of the trip.

However, practice shows that reserved employees are often denied crossing the state border based on a vacation order. Most successful cases of traveling abroad are related to оформленням business trips, not vacations. The Ministry of Justice of Ukraine emphasizes the need to clarify the requirements with the State Border Guard Service in advance (by calling 1598 or through official communication channels).

The employee should verify the absence of any travel restrictions and ensure compliance with military registration rules. In case of refusal to cross the border, the consequences can be both reputational and disciplinary.

Clarification from the Ministry of Justice on reserved employees traveling abroad for vacation.

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