Ban for officials to travel abroad

25 January 2023
Ban for officials to travel abroad
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Ban for officials to travel abroad 

Presidential decree #27/2023 of January 23, 2023 

Decision-maker: the President

Status: signed

Who is affected: the Cabinet of Ministers, ministers and their deputies, heads of central executive bodies and their deputies, the head of the Office of the President and his deputies, MPs, heads of other government bodies, judges of the Constitutional Court, judges, prosecutors, and employees of government bodies reserved for the mobilization period

Summary of the decree:

  • enacts the decision by the National Security and Defense Council ordering the Cabinet to change the rules of crossing the state border of Ukraine for Ukrainian citizens within 5 days
  • changes have to contain a prohibition to travel abroad for the following categories of people:
    • the Prime Minister, Vice Prime Ministers, ministers, heads of central executive committees and their deputies
    • head of the Office of the President, his deputies, and heads of other auxiliary offices under the President
    • head of the SSU and his deputies
    • heads and members of independent regulatory bodies, the Accounting Chamber, and the Commissioner for Human Rights
    • heads of local state administrations and their deputies
    • judges of the Constitutional Court, judges, and prosecutors
    • MPs
  • employees of government bodies and local governments reserved for mobilization period
  • restriction on crossing the border applies only to private trips, not business trips
  • the SSU is ordered to verify the legality of decisions by government bodies concerning Ukrainian citizens leaving the country registered in the Shliakh (Way) system

What is right:

  • a restriction on officials’ private trips abroad will ensure that the state will be more efficient in reacting to critical situations caused by the war
  • the population will be less demoralized by the fact that government officials do not suffer as much from problems caused by the war and allow themselves tourist trips abroad while the rest of the population suffers from significant financial and security risks.

What is wrong:

  • the President does not have the authority to give orders to the Cabinet either directly or via decisions by the National Security and Defense Council
  • restrictions on traveling abroad introduced by a Cabinet’s decision are unconstitutional. According to the Constitution, such restrictions can be introduced only by the laws.