Departure of minors abroad during the war: can a military registration document of a teenager be required
Ukrainian boys aged 16–17 can independently cross the state border without a military registration document. This right is provided by law, and travel restrictions during martial law apply only to men aged 18 to 60.
According to Article 313 of the Civil Code of Ukraine, a person who has reached 16 years of age has the right to travel outside Ukraine independently without the accompaniment of parents, guardians, or notarized consent.
At the same time, the Rules for crossing the state border, approved by the Cabinet of Ministers of Ukraine Resolution No. 57, provide travel restrictions only for men aged 18 to 60 during martial law. Accordingly, 16–17-year-old boys are not subject to these restrictions.
The requirement by border guards to provide a military registration document, military ID, or temporary certificate for minors is illegal. Military registration documents become necessary only after reaching the age of 18, when a citizen belongs to the category of those liable for military service.
If border guards refuse passage, parents or legal representatives can demand a written refusal decision indicating the specific legal provision on which the travel ban is based. It is also recommended to contact the hotline of the State Border Guard Service of Ukraine and file a complaint.
To cross the state border, boys aged 16–17 only need a valid Ukrainian passport for travel abroad. As additional proof of age, if necessary, they can take a birth certificate with them. Other documents, including parental permission, military registration, or medical documents, are not required by current legislation.
As previously written by the «Judicial and Legal Newspaper», in wartime conditions, the issue of a child's departure abroad has gained practical and legal significance. Mass family movements, separation of parents, and the need for quick decisions have intensified the conflict between formal requirements and the real interests of the child.
The Law of Ukraine "On the procedure for exit from Ukraine and entry into Ukraine of citizens of Ukraine" establishes the general conditions for crossing the border, while the Rules for crossing the state border detail procedural aspects and the list of documents.
According to subparagraphs 3–6 of the Rules for crossing the state border, approved by the Cabinet of Ministers Resolution No. 57, the departure of a child under 16 is generally carried out with the consent of both parents and in their accompaniment or authorized persons.
At the same time, the law provides a number of exceptions: departure with one parent is possible without the consent of the other if certain documents are available (including a death certificate, court decisions, alimony arrears certificate, confirmation of single mother status, etc.), as well as in cases where the child's place of residence is determined with one parent or the child has a special status or requires treatment.
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