Petition No 1453/2024 by Oleh Sopilniak (Ukrainian), on behalf of the Independent Initiative Group of the Ukrainian Diaspora Liberty UA in Poland, on proposed EU legislation to recognise expired passports and issue EU travel documents to Ukrainian citizens residing in the EU

1453/2024

Summary title: Petition No 1453/2024 by Oleh Sopilniak (Ukrainian), on behalf of the Independent Initiative Group of the Ukrainian Diaspora Liberty UA in Poland, on proposed EU legislation to recognise expired passports and issue EU travel documents to Ukrainian citizens residing in the EU

Petition number: 1453/2024

Topics: Justice,  Fundamental Rights,  Equal Opportunities and Gender,  Immigration,  Fraud and Corruption

Country: All EU countries

Name of association: Independent Initiative Group of the Ukrainian Diaspora Liberty UA in Poland

Name: Oleh Sopilniak

The petitioner explains that organisation, the Independent Initiative Group of the Ukrainian Diaspora Liberty UA in Poland, was created in response to the Ukrainian government’s premature implementation of Law 3633 IX (On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilisation and Military Registration). This allegedly violated Articles 58 and 25 of the Ukrainian Constitution, leading to issues for Ukrainian citizens acquiring identification documents abroad. According to Law 3633 IX, consular services abroad for conscription aged men are limited to those in possession of military registration documents, which - according to the petitioner - will not force men to return back to Ukraine and join the army, but instead to try stay in the EU both legally and illegally. Such documents are only accepted in the form of QR codes generated with digital tools; the mobile application Reserve+ or the government’s Diia portal, both belonging to the military register Oberih. Correct documents are often not generated due to gaps in data on this register; this is particularly relevant for people from territories occupied under Russian occupation at some point during the war. These people’s suffering is exacerbated now by being denied a passport. While for people living in the EU since before the start of the war, it is impossible to use Reserve+ or Diia due to the requirement to have an Ukrainian bank account or a chip-based identification document to register. The petitioner also cites the issue of people who applied for passports before Law 3633 IX came into force, not being able to pick up their passports at Ukrainian consulates in the EU for unclear reasons , while other people categorised as ‘vulnerable’ are issued passports. The petitioner considers that these restrictions on the issue of passports are a violation of human rights and freedoms as it poses various legal issues for Ukrainian citizens. The petitioner therefore requests new EU legislation for recognising expired Ukrainian passports to be valid for all purposes, as well as new EU legislation for a special procedure for issuing travel documents.