New Rules for the Legalization of Foreign Fighters

On 17 December, Ukrainian Parliament adopted Law No. 14052, which changes the approach to the legal status of foreigners serving in Ukrainian army. The law applies to servicemembers of the Armed Forces of Ukraine, the National Guard of Ukraine, and the State Special Transport Service.

The main purpose of the amendments is to regulate documentation issues, legal stay in Ukraine, and to ensure basic social and medical guarantees for foreigners serving.

Under the new rules, foreigners who have entered into a contract for military service will be able to obtain a temporary residence permit for the entire duration of the contract, plus three months after its termination. The law clarifies the list of documents on the basis of which such a permit is issued.

Separately, the law provides for the possibility of submitting a passport document with an expired validity period or one subject to replacement. This is permitted in cases where obtaining a new passport would require applying to the authorities of the aggressor state or the state not recognizing Ukrainian territorial integrity and sovereignty.

For foreigners who concluded a contract prior to the entry into force of this law, a transitional period is established – they should apply for a temporary residence permit within 6 months from the date the law enters into force. Until that time, they may continue to use their military ID to confirm their legal stay in Ukraine.

Foreign fighters who are documented with a temporary residence permit will not be subject to the requirement to register their place of residence.

The law also shortens the timeframe for the entry into force of amendments related to the exercise of the right to acquire and retain Ukrainian citizenship, and grants the Cabinet of Ministers up to three months to adopt the necessary subordinate regulatory legal acts.

At the same time, the law clarifies the scope of social guarantees for foreigners serving. The Law on Social and Legal Protection of Servicemen does not apply to them in full; however, they retain the right for vacation, financial remuneration, and medical support.

Introduced changes are aimed at simplifying the lawful stay of foreign servicemen in Ukraine and creating clearer and fairer conditions for military service.

We await the publication of the final text of the law after its signing by the President of Ukraine to provide a more detailed analysis.

Kateryna Zatulko

Senior Associate, Attorney-at-Law