The Ukrainian state's invitation to foreigners to fight within its ranks should be viewed with the utmost caution. Although the Latvian state is ideologically an ally of Ukraine, Latvian citizens are forbidden to engage individually and without authorization in armed conflicts taking place outside the territory of the Republic of Latvia. Moreover, the political aspect must be taken into account: the involvement of even one soldier of a NATO country in hostilities against Russia would mean an immediate escalation of the conflict, which NATO and its allies want to avoid.
In 2015, Ukraine's Verkhovna Rada allowed foreign nationals and stateless persons to fight in its army and for its benefit. And in the same year, the Saeima forbade Latvian citizens from going to Ukraine to fight. Also to Iraq, Syria and anywhere else in the world, unless it is on official business - on behalf of the Latvian government. Three new articles were added to the Criminal Law, prohibiting unlawful participation in armed conflict, prohibiting its financing and prohibiting recruitment for participation in armed conflict. At the same time, the National Security Law also banned service abroad, except with Latvian allies and for dual citizens. Unauthorized service abroad leads to deprivation of Latvian citizenship. Latvian non-citizens are forbidden to serve abroad at all.
The change in the law was justified by the fact that Latvian nationals were already involved in the conflict in Ukraine at the time: "There are information campaigns and other forms of support being done in Latvia for persons participating in the armed conflict abroad, which may also encourage other Latvian nationals to travel to south-eastern Ukraine to take part in the armed conflict there." An additional risk at the time was that both Latvian friends of Ukraine would flock to fight there and the enemies of it would go to fight on the side of the Russian-backed separatists. Therefore, guest-fighting was banned in principle.
For Latvians, the only legal way to fight outside Latvia is to become a soldier and go on international military operations. But Ukraine has its own interests, and with tensions with Russia growing, every potential soldier is being called upon to bolster Ukrainian defenses - including foreigners. The Kyiv Independent recently published a lengthy article entitled "Want to help Ukraine's military as a foreigner? Here's what you can do."
The first step suggested is donating money, the second is joining the newly formed Ukrainian Territorial Defense Forces. A voluntary military formation similar to our National Guard. The main mission is to secure the rear of the frontline, but also to fight if necessary. There is, however, an important condition: to join this force, a foreigner must have a legal residence permit in Ukraine for at least five years. Apparently, this is how the Ukrainians will avoid all sorts of Trojan horses.
The third option offered to foreigners by the Ukrainian state is to join the regular army on active military service. Foreigners with military experience are particularly welcome. The first service contract is signed for up to three years, with the bonus of a promise of Ukrainian citizenship after combat. Foreign veterans of Ukrainian military formations are entitled to apply for Ukrainian citizenship under a simplified procedure. Foreign nationals from the United Kingdom, Belarus, Azerbaijan, Sweden and other countries have reportedly served in various Ukrainian military formations, including in the Donbas war zone. Latvia is not singled out here, which is also logical, as it is forbidden for Latvian citizens to privately sign a contract to serve in the Ukrainian army. This does not mean, however, that Latvian citizens have not attempted to go unauthorized to war zones and fight on one side or the other. Since the criminalization of unauthorized warfare in 2015, the Information Centre of the Ministry of the Interior has registered 14 criminal offences under Section 77.1 of the Criminal Law - "Unlawful Participation in an Armed Conflict." Three and four cases in the first years and one case in each of the last years. But the articles on recruitment and financing have not yet been used once.
As the Russian threat grows and the security situation in Ukraine escalates, allies are sending lethal and non-lethal aid to the Ukrainians, but have no intention of engaging in active hostilities, at least for the time being. And this means that individual "freelancers" will not be allowed to go there, just as before. Neatkarīgā asked the Ministry of Defense to explain why Latvian citizens are forbidden to go to Ukraine to fight, and here is the answer prepared by the Military Public Relations Department:
"First of all, political considerations have to be taken into account. There have been situations in the past when disinformation has been spread that soldiers or citizens of NATO countries were involved in the war against Russia on the Ukrainian side. Consequently, if there is indeed a real justification for the involvement of a citizen of a NATO/EU Member State, then Russia will immediately accuse NATO and the EU of having involved their citizens in the war, thus escalating an already tense situation. Moreover, a number of NATO members, including Latvia, have confirmed that they will not send their troops on such operations.
NATO countries are only providing support with their troops for the training of the Ukrainian armed forces, as, for example, Canada is doing in the UNIFIER mission, to which Latvia has also pledged to send its trainers.
The second aspect to take into account is the legal framework, which is binding on everyone."
Latvian citizens are prohibited by law from fighting in Ukraine.
INFORMATION
Criminal Law
Section 77.1. Unlawful Participation in an Armed Conflict
For a person who commits unlawful participation in an armed conflict, that is, active participation in an armed conflict taking place outside the territory of the Republic of Latvia which is directed against territorial integrity or political independence of a state or is otherwise in contradiction with international law binding upon the Republic of Latvia, violating laws and regulations or the international agreements binding upon the Republic of Latvia,
the applicable punishment is the deprivation of liberty for a period of up to ten years, with probationary supervision for a period of up to three years.
(in the wording of the Law of 12/02/2015, which entered into force on 19/02/2015)
National Security Law
Section 3.1. Prohibition to Serve in Foreign States
(1) Latvian citizens are prohibited from serving in the armed forces, internal security forces, military organisation, intelligence service or security service, police (militia), or justice institution services (hereinafter - the service) of foreign states or other subjects of the international law or established in their territories, except the case when:
1) a Latvian citizen is serving in the service of the European Union, the North Atlantic Treaty Organisation, a Member State of the European Union, a Member State of the European Free Trade Association, a Member State of the North Atlantic Treaty Organisation, the Commonwealth of Australia, the Federative Republic of Brazil, or New Zealand, or in the service of such country with which the Republic of Latvia has entered into an agreement regarding recognition of dual citizenship;
2) a Latvian citizen is serving in the service that is not recognised as voluntary in the country of his or her citizenship (nationality) with which the dual citizenship has occurred in accordance with the conditions of the Citizenship Law.
(2) A non-citizen of Latvia is prohibited from serving in the service of a foreign state.
Citizenship Law
Section 24. Revocation of Latvian Citizenship
(1) Latvian citizenship may be revoked for a person, if he or she:
2) is serving voluntarily in the armed forces or military organisation of another country, except where the person is serving in the armed forces or military organisation of a Member State of the European Union, a Member State of the European Free Trade Association, a Member State of the North Atlantic Treaty Organisation, the Commonwealth of Australia, the Federative Republic of Brazil, New Zealand or in the armed forces or military organisation of a country with which the Republic of Latvia has entered into an agreement regarding recognition of dual citizenship, without permission from the Cabinet and in the case of revocation of Latvian citizenship the person does not become a stateless person.