At the end of January 2023, the Government amended the rules for crossing the border, introducing a number of restrictions that also affect local self-government. This is Resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Rules for Crossing the State Border by Citizens of Ukraine” No. 69 dated 27 January 2023.
Ukrainian Radio. Sumy talked to Maryna Lobova, Head of the Regional Office of U-LEAD with Europe in the Sumy region.
How do the new border crossing rules affect the local self-government? Who do they apply to?
In terms of local self-government, the new restrictions on crossing the border affect only three categories of persons: deputies of local councils, heads of structural subdivisions of the local self-government bodies, as well as employees reserved under local self-government for the duration of mobilisation and martial law.
This list is exhaustive, so, for example, heads and other employees of utility companies, institutions, organisations (unless they belong to one of the listed categories of persons) are not subject to the new restrictions. However, if the head of the utility company is simultaneously a deputy of the local council, then they should be included in the corresponding list based on the status of a deputy.
The list does not include village heads or town or city mayors, their deputies or officials either (provided that they are not reserved for the relevant periods under the local self-government).
On what grounds can deputies of local councils leave Ukraine now?
For the duration of martial law, according to the amended legislation, local self-government deputies are entitled to cross the state border only in four cases:
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business trips;
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if the deputy is a woman or a man who is a single parent intending to leave Ukraine to accompany their child/children there under the age of 18 (inclusive) or to visit such children who are already there, which must be confirmed by relevant documents;
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if they need treatment abroad, subject to a letter from the Minister of Health confirming that this person can be accepted for treatment by health care institutions abroad;
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if the departure is caused by the death of one of the family members of the deputy of the first or second degree of consanguinity abroad.
Any international business trips of the deputy of the local council are subject to a resolution on the official business trip. Note that the local council cannot send a deputy on an official business trip, since the deputy of such a council is not its employee. However, such a deputy may be included in the relevant delegation, group, etc. As for the possibility of local council deputies travelling outside Ukraine on personal matters related to their own business (on the basis of a business trip issued at their place of work), this issue is also not clear-cut and requires clarification by the authorised bodies or a clearer legislative regulation.
Do local self-government officials who work remotely abroad need to return to Ukraine?
The border crossing rules determine only the procedure for crossing the state border by citizens of Ukraine and, therefore, do not prevent continuing remote work for persons who crossed the border earlier and are already there on legal grounds.
Thus, a local self-government official who left Ukraine in March of last year and works remotely does not have to return to Ukraine and can continue their work.
What are the rules for crossing the border to visit or accompany children? Does this apply to all local self-government employees?
Indeed, the rules for crossing the state border by citizens of Ukraine provide for the procedure for the departure of women and/or men who are single parents of a child/children under the age of 18 (inclusive) to visit such children who are outside Ukraine or to accompany the children as they are leaving Ukraine.
Note this provision has been added to narrow the scope of persons defined in Clause 2-14 of the Rules. That is, this is only about women and men who are deputies of local councils, heads of structural subdivisions of the local self-government bodies, as well as employees reserved under the local self-government for the duration of mobilisation and martial law.
So, if a woman is a chief manager in the local self-government body but is not, say, a reserved person, she does not have to be included in the relevant list of persons, and the new restrictions do not apply to her.
Summing up, Maryna Lobova noted that the updated procedure for crossing the border requires additional clarifications from authorised bodies or legislative clarification.
Listen to the broadcast on this topic at http://bit.ly/3xuRYFr