Find a lawyerBlogQ&AHelp center

Crossing borders for people with disabilities

Article related tags:

Publication date:

12/09/2024

Before the start of the full-scale invasion, there were almost three million disabled people in Ukraine. As a result of hostilities on a large territory of Ukraine, many people suffered irreparable damage to their health, so the number of people with persistent disorders of body functions increased. Is it possible to go abroad with the 3rd group of disabilities and what are the necessary conditions for this - we will tell you further.


The possibility of traveling abroad for people with the 3rd group of disabilities

First of all, it is necessary to determine who exactly belongs to people from the 3rd group of disabilities. According to the Resolution of the Cabinet of Ministers No. 1317 "Issues of medical and social expertise", this group includes persons who have a clear violation of the functioning of the body to a moderate degree due to a congenital or acquired injury that limits their ability to work.

To acquire the status, a person undergoes an examination in the form approved by law. The received status gives certain benefits, a pension, etc.


Basic rules and restrictions

Due to the introduction of martial law in Ukraine, the conditions for traveling abroad have changed. Is it possible to go abroad with the third group of disabilities? According to the Law of Ukraine "On Mobilization Training and Mobilization" - yes, because these persons have a deferment from general conscription.

Not only the person with a disability can leave, but also:

  • her legal partners - if they accompany her during departure;
  • persons whose parents or parents of legal partners have a disability of group I or II — if accompanying them during departure;
  • persons who support a minor child with a disability;
  • persons who maintain an adult child with a disability of the I or II group;
  • persons who constantly care for or accompany another person with a disability of the I or II group.

Obtaining any disability group guarantees the right to go to another country even during mobilization.

Border crossing restrictions can only apply if a person voluntarily decides to mobilize on the basis of a contract. In this case, her status changes to a military serviceman, and all subsequent actions regarding relocation in Ukraine and outside Ukraine are carried out already on the basis of the legislation on military service.

Military personnel can go to other countries, but not for permanent residence, but for a temporary stay. For example, for vacation, a person must write a report to his manager so that he approves the planned vacation and gives permission for it with his signature. The place of vacation must also be indicated in it. Also, military personnel can travel for rehabilitation, treatment and training.

The border crossing itself by a military serviceman is carried out in accordance with clauses 2–15 of Resolution of the Cabinet of Ministers No. 69.

A person with a disability may be denied entry to the border if he or she has an exit ban imposed by a state authority, such as a court. Also, people who are accused or suspected of committing a crime that is under investigation or judicial proceedings are not released outside the country.


Necessary documents for traveling abroad

First of all, a foreign passport is required. It is also necessary to provide documents confirming the disability of the III group, namely:

  • a certificate that directly confirms the status of a person with a disability;
  • a pension certificate, which records the reason for granting the status and the group;
  • a certificate certifying the assignment of social assistance from the state;
  • a certificate certifying the granting of benefits, if the person is not entitled to social assistance or a pension.

This is a complete list, no additional permissions are required. Previously, they could be issued from the country in case of presentation at the border of a certificate of a medical and social examination (conducted to determine whether to grant a person a disability-related status). However, this norm is no longer valid.

A document certifying disability must be issued exclusively in Ukraine.


Rules for unaccompanied border crossing

Can a disabled person of group 3 travel abroad independently? Yes, there is no special instruction in the legislation regarding the accompaniment of such a person. There are also no restrictions regarding the purpose of departure: it can be work, vacation, treatment, study, private purposes. That is why representatives of the State Customs Service of Ukraine do not have the right to ask about the purpose of the trip.


Comments (0)

    online Lawyers

    Daria Malinnikova
    Daria Malinnikova

    (0 reviews)

    Ukraine

    Ukraine

    5 solved issues
    11 years of experience
    View profile
    Lina Zabolotnia
    profile-logo
    Lina Zabolotnia

    (1 reviews)

    France

    France

    23 solved issues
    24 years of experience
    Dmytro Piddubnyi
    Dmytro Piddubnyi
    Ukraine

    Ukraine

    5 solved issues
    11 years of experience
    Oleksandr Peftibay
    profile-logo
    Oleksandr Peftibay
    Ukraine

    Ukraine

    36 solved issues
    21 years of experience
    Oleksandr Zhilinsky
    profile-logo
    Oleksandr Zhilinsky
    Ukraine

    Ukraine

    5 solved issues
    22 years of experience

    Latest news

     Establishing the fact of death, obtaining a death certificate in the occupied territory Pravovsim.org
    Establishing the fact of death, obtaining a death certificate in the occupied territory
    16/12/2024
    0
    SUPPORT

    Need any help?

    CONTACTS

    Contact us

    This digital platform was created by the Danish Refugee Council (DRC) specialists under a project funded by the European Union through its Civil Protection and Humanitarian Aid Operations. The views expressed herein should not be taken, in any way, to reflect the official opinion of the European Union or DRC. Neither the European Commission nor DRC is not responsible for any use that may be made of the information it contains.
    © 2024. All rights reserved