Sports lawyer and lawyer Ilya Skoropashkin revealed the details of the players crossing the border during martial law.
Ilya Skoropashkin- Some football players, despite the martial law, spend their winter holidays on foreign seas. This is evidenced by photographs of their relatives or random people, as well as information from journalists. If they are not exempt from conscription, how could they legally leave the country for recreation?
- In fact, there are enough legal ways for a man liable for military service to go abroad. They are clearly regulated by the Rules for crossing the state border of Ukraine.
It is clear that holidays at seaside resorts are not included in the list of legal grounds for crossing the border. And we can only guess about the circumstances of the departure of each individual player. Football players such as Taras Stepanenko or Serhiy Sidorchuk and others who support three or more children are eligible to cross the border, so they can enjoy their winter holidays without air raid alerts and power outages.
In fact, everyone understands that top players represent Ukraine in the international arena, have valid contracts with clubs, continue to financially help our military, so a special approach can be used here, especially since the return of the tops after the holidays is guaranteed.
- Football insiders stated that the players used such methods as the Shlyakh volunteer system and participation in training camps to cross the border. If the goal does not correspond to reality, what responsibility can they have in this case?
— Indeed, since May 26, in accordance with the Decree of the Cabinet of Ministers No. 615, some categories of our athletes were able to travel outside the country to participate in official sports events: competitions or training camps that are included in the Unified calendar plan for sports events, which is approved by the Ministry youth and sports of Ukraine.
In accordance with the Rules for Crossing the State Border, in case of exceeding the period of stay of a person abroad and / or changing the established purpose of traveling abroad, the Ministry of Sports and military administrations cancel their decision to leave Ukraine for the relevant persons within seven days from the moment the facts of the violation were established.
Fee manipulation can result in harassment by law enforcement when returning home. For such a violation, depending on the circumstances in each specific case, administrative liability is provided: a fine from 3,400 to 13,600 hryvnias or administrative arrest for up to 15 days, as well as criminal liability: imprisonment for up to three years.
- Is it possible to interpret the departures of football players who move to foreign clubs as evasion from mobilization?
- If we are talking about those who went abroad and then violate the terms and / or purpose of leaving and do not return to Ukraine - yes, they will be considered mobilization evaders.
Legal travel abroad, of course, is not an evasion of mobilization. In turn, evasion will be considered if conscripts and men liable for military service who have gone to a permanent place of residence abroad (for example, to continue their career) do not register with the consular office of the relevant consular representation of Ukraine.
- If Mudrik still moves to Arsenal or another foreign club in winter, are there any legal mechanisms due to which he will be able to stay abroad for a long time?
- Since September 27, in accordance with the Resolution of the Cabinet of Ministers No. 1082, the list of grounds for crossing the border has also been expanded for athletes who are included in the sports clubs of the highest divisions in team sports. At the same time, based on the text of the Resolution, not only Ukrainian clubs are meant, but also foreign ones.
It turns out that there will be no problems when crossing the border in this way, but you need to have a signed contract and an official letter from the Minister of Youth and Sports to the State Border Service about the reasons for leaving.
But in this case, Mudrik will have to receive letters every month renewing his period of stay abroad to participate in the Premier League, since the law sets a limit of 30 days for being abroad.
- Do athletes generally have any benefits regarding crossing the border and being abroad?
- Only in the above cases: to participate in official sporting events and when playing as part of a top division team. Benefits are not provided for in any other parts.
- It turns out that Mudrik can legally leave for a transfer to the Premier League, but Denis Kostyshyn, who moved to the American El Paso (the team does not play in MLS), can't?
— Yes, Mudrik can legally leave. And there may be questions for Kostyshin.
- Sergey Rebrov and Andriy Yarmolenko recently visited Ukraine and calmly returned back to the UAE, is this due to their participation in the top division of the UAE?
- Probably, it is.
- After Mudrik's vacation in the UAE, information appeared from Shakhtar that he received permission to travel to Warsaw to apply for a visa so that in the winter he and the club would go on a tour of the United States. Could there be any consequences for him for going to Warsaw via the UAE?
- There will be no consequences if he returns within the established string.
- Have there been any initiatives from the UAF or UPL to regulate the border crossing for football players?
- The leadership of most sports federations and organizations, including the UAF with the UPL, together with the Ministry of Youth and Sports of Ukraine, made every effort to approve the aforementioned Resolution of the Cabinet of Ministers, which allows crossing the border for athletes and most categories of sports functionaries: coaches, sports referees and specialists who provide organizational, scientific and methodological, medical support, anti-doping control and more.
Today, this is a mechanism that gives athletes and other members of sports delegations the right to stay abroad for an almost unlimited amount of time.
Andrey Shevchenko
