They declare that they are going to engage in cultural diplomacy, but instead they stay abroad so as not to be mobilized. Every fifth artist who leaves Ukraine with a letter from the Ministry of Culture and Strategic Communications does not return. To remove the loophole for unscrupulous artists, the department initiated changes to the rules for crossing the state border by citizens of Ukraine. What will change and whether it will help - in the material of "Apostrophe".
On March 3, the Ministry of Culture and Strategic Communications suspended the issuance of letters of assistance required for the creative travel abroad of male artists and media workers of draft age. Until recently, the procedure for their departure provided that the ICSC sends letters of proposal to the State Border Service, where a decision is made on the advisability of crossing the border. “ Due to gaps in national legislation, there have been numerous cases when persons who received permission from the State Border Service for temporary travel abroad under a letter of assistance from the Ministry did not return to Ukraine within the established time frame ,” the department explained.
Thus, according to the Minister of Culture and Strategic Communications of Ukraine Mykola Tochytskyi, every 5th cultural figure who travels abroad with permission from the Ministry of Culture does not return.
“ Proposal letters exist outside the legal field ,” explained the Minister’s advisor Dmytro Zolotukhin. “ There is no document that would regulate the right of the ICSC or any other agency to address the State Border Guard Service with such a request during martial law. This form was invented by Minister Tkachenko in 2022 as a temporary one, until the procedure is regulated by the Cabinet of Ministers’ resolutions. No one has regulated such a “temporary measure .”
Meanwhile, Ukrainians read news about stars who did not return from tours and were disappointed in their idols. For example, the former head of the Left Bank Theater, Stas Zhirkov, left Ukraine in March 2022 to participate in international projects, but did not return. Val Bebko, guitarist of The Hardkiss, left Ukraine in May 2023 before Eurovision, where his wife was the host. So Sanina returned, but her husband did not. The former scriptwriter of the Kvartal 95 Studio and the winner of The Bachelorette with Ksenia Mishina did the same. He left for California to participate in a concert on the occasion of Independence Day. The ballet's leading soloist Andriy Mikhalikha, soloist and wife Yulia Mikhalikha-Roma, as well as artist Bohdan Klyuchnyk of the Lviv Opera went on tour to Finland and did not return. Rapper and producer Potap stated in an interview with a Russian journalist that he crossed the border completely legally, using official exit permits. However, he did not specify which agency issued him such a document.
“ In 2024 alone (mostly in its first half, when mobilization legislation was strengthened), more than 500 men who left with the help of letters of offer from the MKIP did not return from abroad ,” Zolotukhin noted.
As explained to “Apostrophe” by the manager of “Anna Daniel” AB, lawyer Anna Daniel, violations of the rules of departure and return to the territory of Ukraine are regulated by the Law of Ukraine “On the Procedure for Departure from Ukraine and Entry into Ukraine by Citizens of Ukraine” and the Code of Administrative Offenses. “ Various legal consequences may be applied for the failure of artists to return to Ukraine after leaving for a tour ,” says the lawyer. “ If we are talking about a violation of the conditions of departure or failure to return to Ukraine within the specified period, then this can be qualified as a violation of migration legislation .”
It provides for punishment in the form of a fine or a ban on future travel. The migration authorities of Ukraine can apply administrative sanctions, including even deportation - depending on the seriousness of the violation, Anna Daniel specified. At the same time, she continues, according to Ukrainian legislation, a citizen of Ukraine cannot be banned from entering the country, even if he violated the law or did not return on time. The Constitution of Ukraine guarantees every citizen the right to freedom of movement, as well as the right to return to Ukraine.
As is known, in the spring of 2022, the People's Deputies proposed to establish criminal liability for failure to return to Ukraine after the introduction of martial law (draft law No. 7265 ). However, the initiative was withdrawn from consideration. “ The People's Deputies of Ukraine refused to adopt a law that would criminalize the fact of failure to return a citizen of Ukrainian conscription age from abroad, because this issue is political and would worsen political ratings among Ukrainians who are abroad. And this is a matter for the Ministry of National Unity of Ukraine, which, by the way, could take over all issues related to such letters of proposals and permits. That is, citizens of Ukraine who left legally (according to documents and letters) and did not return, in fact remain unpunished. Instead, all responsibility for them (including criminal) lies with civil servants ,” Zolotukhin emphasized.
Ultimately, the ICSC developed a draft amendment to the resolution “On the Rules for Crossing the State Border by Citizens of Ukraine,” which the Cabinet of Ministers approved on March 4.
What has changed?
According to the amendments to the Rules for Crossing the State Border by Citizens of Ukraine, in order to obtain a letter of assistance from the ICSC, it is necessary to meet clear requirements. Thus, for legal entities, the status of a critically important enterprise is a mandatory condition, for individuals - registration as an individual entrepreneur and carrying out activities in the field of culture and media for the last three years. In addition, the resolution defines a package of documents required to obtain a letter of assistance, and lists the authorities authorized to check them. It also provides for the maximum period of stay of artists and media workers abroad - no more than 60 calendar days from the date of crossing the state border, which may be increased in exceptional cases.
According to the new procedure, a letter of support for artists is provided by the ICSC based on an appeal from the State Service for Arts, the Ukrainian Institute of National Remembrance, the State Film and Television Administration or regional, Kyiv City Military Administrations with recommendations on the feasibility of participating in events for the purpose of conducting activities in the field of culture. Documents are submitted to the ICSC no later than 10 working days before the date of crossing the state border for departure, to the Ukrainian Institute of National Remembrance, the State Service for Arts, the State Film and Television Administration or regional, Kyiv City Military Administrations - no later than 15 working days before the date of crossing the state border for departure. Then the ICSC informs the Administration of the State Border Service by letter about participation in events abroad.
Now, the heads of cultural institutions, cinematographic entities, and individual entrepreneurs who conduct independent professional activities in the field of culture or professional cinematographic activities are responsible for the accuracy of the information.
At the same time, letters for participation in events related to ensuring the functioning of the multimedia platform “UNITED 24” (“UNITED 24 MEDIA”) are issued by the Ministry of Digital Affairs. At the same time, a letter from the ICSC or the Ministry of Digital Affairs is not provided to the State Border Service in case the submitted documents do not meet the requirements, as well as in case of detection among the organizers of persons who are representatives of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state or an occupying state, or in case such participation involves cooperation for the purpose of creating or producing a joint product.
It is difficult to say for sure whether there were any violations by artists after the new rules came into effect, as explained in the press service of the ICSC, because they do not keep records of border crossings. However, they assure that there were no mass violations in the subordinate enterprises. The Council is confident that the changes will have a positive effect.
“ The changes were necessary, and they will certainly improve the situation - they will make the system more controlled, transparent and predictable. Clear criteria and deadlines have been established - therefore, everyone who works in this area understands: on what grounds and at what time you can plan a departure ,” Mykyta Poturayev, the head of the Verkhovna Rada Committee on Humanitarian and Information Policy, commented to Apostrophe.
But it will not be possible to completely eliminate non-return, he says. “ The best guarantee, as before, remains civil responsibility. But I am convinced that the balance will be positive - because the benefits of the cultural diplomacy of our artists abroad are much greater than the harm from the non-return of individual workers. This balance was positive before, but now the ratio in favor of the necessary results for the army and the country should become even more convincing ,” Poturayev emphasized.
