Since the full-scale invasion began, numerous conscriptable men have tried to cross Ukraine’s borders illegally. The Page asked lawyers about the penalties and what those returning after fleeing might face upon retur
How an attempt to cross the border illegally is punished
Bohdan Koval, lawyer at Leshchenko & Partners, notes that illegal border crossings take two main forms:
- Crossing the border outside official checkpoints
- Crossing at a checkpoint using forged documents
According to Koval, the first form is now more widespread — and often ends tragically. In the Tisza River, frequently used for illegal crossings, border guards have already found around 50 bodies of drowned men.
Military personnel of the Mukachevo Border Guard Unit during patrol at the Ukrainian-Romanian border in the Transcarpathian region. Photo: UNIAN
"The most common method is crossing the state border outside checkpoints — through forests, in car trunks, by swimming across a river, etc.," says Polina Marchenko, managing partner at the Polina Marchenko Law Firm. — Among the most unusual cases are men disguised as women, hiding in trailers with livestock, and many other inventive schemes."
For instance, on May 7, 2025, border guards reported intercepting a 26‑year‑old man dressed as a woman as he headed toward the Moldova border.
A detained violator in women’s clothing. Photo: Ukrainian Border Guard Service
According to Marchenko, all such cases fall under Article 204‑1 of the Administrative Code: illegal crossing or attempted crossing of Ukraine’s state border. Violators face fines from UAH 3,400 to 8,500 or administrative arrest for up to 15 days, plus confiscation of tools used. Repeat attempts within one year or group crossings incur fines of UAH 8,500 to 13,600.
Repeat attempts are common, likely because fines seem less daunting than conscription. On June 12, 2025, the Western Regional Border Guard reported detaining a Kyiv resident attempting illegal crossing for the third time — caught in Sambir district (Lviv region) using surveillance technology. The case is now in court.
Border guards with detainee. Photo: Western Regional Directorate of the State Border Guard Service of Ukraine
"Court practice is mixed: some cases are dismissed for lack of evidence; others result in convictions," says Marchenko.
For example, the Rakhiv District Court (Zakarpattia) ruled that a man detained near the Romanian border could not be convicted under Article 204‑1 due to insufficient proof of intent; the case was closed. In another case from June 2025, the Hlyboka Court (Chernivtsi region) convicted a man under Part 2 of Article 204‑1 for attempting to cross outside populated areas near the Romanian border. He claimed he was walking to work but got geography wrong — naming a nonexistent village. The court concluded his intent was clear and fined him UAH 10,200.
Military personnel of the Chop Border Guard Unit are patrolling the section of the border. Photo: UNIAN
Will conscriptable men be punished if they return to Ukraine?
Many draft-age men managed to cross the border illegally. Some regret it — like 23‑year‑old "Dmytro" (pseudonym), who left via unauthorized crossing and suffered hardship abroad. He believes returning means inevitable punishment.
"The key is the statute of limitations — the period during which a person can be held legally accountable," explains Bohdan Koval. "Under Article 38 of the Administrative Code, illegal border crossing outside checkpoints is punishable within 3 months of discovery, but no later than one year from the violation."
Koval emphasizes: after one year has passed since an unauthorized crossing, administrative liability cannot be pursued.
A poster at the train station calling for a return to Ukraine. Photo: UNIAN
"It’s different for those using forged documents — a criminal offense with longer time limits. Under Article 49 of the Criminal Code, a person is exempt from liability if three years pass between committing the non‑serious crime and final conviction," he adds.
Thus, after three years from using false documents, criminal charges expire.
So, for men who fled illegally during martial law, returning home doesn’t automatically mean punishment — but it’s not guaranteed. Koval warns that if a person is declared wanted, the statute of limitations is paused until arrest or voluntary report.
Being wanted may last years, but usually not indefinitely. A person can be removed from the wanted list for various reasons — including case closure due to statute limitations. Anyone suspecting they are wanted should check the Ministry of Internal Affairs registry or use the "Opendatabot" online service (paid fee UAH 99).