Ukraine restricts consular services to men eligible for military service who are abroad. Experts question the proportionality of the regulations.
By Eugen Theise
Berlin, April 26 (DW).- “Thank goodness I got my passport in Cologne last year and I no longer have to go to the consulate,” says Oleg, from Kievwho now lives in Germany with his wife and three children. This is your reaction to the declaration of the Minister of Foreign Affairs of UkraineDmytro Kuleba, that the services consular will cease to be provided in full to citizens of enlistment age who are in the foreign. This will apply in particular to those who do not register for the record military.
“Living abroad does not exempt a citizen from his duties towards his country of origin,” Kuleba stressed on Tuesday on platform and abroad.”
Meanwhile, kyiv has stopped issuing passports to men between 18 and 60 years old who are abroad. This means that Ukrainian men of fighting age can only obtain passports in their own country. The only exception is the issuance of identity documents for returning to Ukraine.
POSSIBLE SANCTIONS AND FINES
The measure is linked to the recently approved Law to reinforce mobilization and aims to urge men to return to their country of origin. The Law will come into force on May 18.
This image provided by World Press Photo and taken by Julia Kochetova is part of a series titled War is Personal, which won the World Press Photo Open Format award and shows a stabilization point near Bakhmut, Ukraine, of the battalion of the 5th assault brigade and the 77th brigade. Photo: Julia Kochetova/Der Spiegel/World Press Photo via AP
According to the new regulations, male Ukrainian citizens living abroad will also have to report to the army. “It is not clear how to do it abroad or what documents to present,” says lawyer Hanna Ishchenko, in kyiv. The Government has not yet determined it. The only thing that is clear so far is that the Law applies to all male citizens without exception, both those who left Ukraine after the Russian invasion in 2022 and those who have lived abroad since birth.
The provisions on mandatory registration stipulate that Ukrainian citizens will only be able to use consular services abroad after it has been clarified whether they have registered in the army. If not, they face a fine of 510 to 850 hryvnia (about 12 to 20 euros), in addition to the denial of consular services, and up to 1,700 hryvnia (about 40 euros) in case of repeated violation.
CASE FOR THE COURTS
Lawyer Ishchenko expects lawsuits against the authorities. The courts would have to clarify whether official decisions comply with the principle of equality of citizens before the law. “There must be compatibility between the consequences for citizens and the objectives that the measures are intended to achieve,” she explains. In her opinion, the measures adopted by the State do not comply with the principle of proportionality, despite the war situation.
Oleksandr Pavlichenko of the Ukrainian Helsinki Union for Human Rights even talks about discrimination. He fears that Ukrainian authorities may refuse to help those affected in the future, even in emergency situations. As a consequence, people would seek another citizenship, through refugee status or other procedures, to get rid of Ukrainian citizenship, which is “inconvenient” for them. Pavlichenko also hopes that Ukrainians will file lawsuits against the new provisions, invoking the European Convention on Human Rights.
This image provided by World Press Photo and taken by Julia Kochetova is part of a series titled War is Personal, which won the World Press Photo Open Format award and shows the training of mobilized recruits of the 68th brigade in the Donetsk region , not far from the front. Photo: Julia Kochetova/Der Spiegel/World Press Photo via AP
Oleg does not want to join the army. He fears being sent to war, although as the father of a large family he is exempt from compulsory service according to current regulations. “I’m not going to leave my wife and three children alone,” he emphasizes.
THIS CONTENT IS PUBLISHED BY SINEMBARGO WITH EXPRESS AUTHORIZATION FROM DW. SEE ORIGINAL HERE. REPRODUCTION PROHIBITED.
