ACCOMPANYING A DISABLED PERSON ABROAD

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Ternova Diana

Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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ACCOMPANYING A DISABLED PERSON ABROAD

Reading time: 3 min.

After the full-scale invasion of the territory of Ukraine on February 24, 2022, men aged 18 to 60 are limited in their ability to freely cross the border, in accordance with the Decree of the President of Ukraine dated February 24, 2022 № 64/2022 "On the introduction of martial law in Ukraine" (with further changes and additions).

Therefore, during the period of martial law in the country, the question of going abroad is acute for those citizens who need such a trip to accompany their relatives to other countries. Unfortunately, the situation in the country is unstable at the moment, and disabled parents (their own or their spouse's/husband's) or spouse may need help in treatment, rehabilitation or protection abroad. With this in mind, they need support, assistance in moving and help in related organizational matters.

So, in this article, we will talk with you about the departure of men who have a wife, their parents or the parents of their spouse from among persons with disabilities.

The Resolution of the CMU of January 27, 1995 № 57 "On the Approval of the Rules for Crossing the State Border by Citizens of Ukraine" states that in the event of a state of emergency or martial law being imposed on the territory of Ukraine, the possibility of leaving the country for men who accompany their parents (or their spouse/husband) is provided I-II groups, but in relation to the wife, there is no restriction on the disability group, since the wife can be with any disability group.

In order to leave Ukraine, it is necessary to prepare the appropriate package of documents, which is clearly indicated in the above-mentioned Resolution of the CMU.

For parents or parents of a spouse (husband) from among persons with disabilities of groups I-II, this list is slightly different from the documents for accompanying a disabled spouse. Therefore, one of the important documents for accompanying parents of disabled people are the following documents:

  • that confirm joint residence, namely joint declared or registered residence or taking care of one's parents or the parents of the wife (husband), which is confirmed by the act of establishing the fact of taking care.

While the condition of registration at the same address as a disabled spouse is not stipulated by the legislation and cannot be a reason for refusal to cross the border.

The most frequently asked questions of this topic are:

  • Is it possible to accompany a disabled person of the 3rd group?

- It is possible to accompany a disabled person of the 3rd group only if it is a spouse with a disability. In other cases, persons with disabilities of the 3rd group are not accompanied.

  • Is it possible to go abroad without a person accompanying you?

- Yes, it is possible, but only if the person being accompanied is on the consular register.

  • Is there a limited period of stay of a disabled person abroad and how many times can he cross the border?

- The period of stay of a disabled person abroad is not limited, and there is no limit on the number of crossings of the state border.

 

The final decision is made by border guards at the checkpoint, during the examination of documents and clarification of the circumstances.

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Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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