Accompanying a disabled person of the 2nd group abroad

One of the ways for conscripts to cross the border is to accompany a disabled person of the 2nd group. But in order to avoid misunderstandings when crossing the border, you need to understand who exactly can provide such support and what documents are required for this.

Pursuant to Resolution № 57 of the Cabinet of Ministers of Ukraine of January 27, 1995, male citizens of Ukraine aged 18 to 60 who accompany persons with disabilities of the 2nd group, children with disabilities, persons who require constant care, or children have the right to travel outside of Ukraine.

Who can accompany a disabled person abroad?

• A person who is in a family relationship with a disabled person. That is, children can accompany their parents or vice versa. This also applies to spouses. If one of the spouses has a disability, the other can accompany him outside of Ukraine.
• A natural or legal entity that provides services for the care of the disabled. If there are documents confirming that a person provides permanent care for a disabled person, then she can accompany him abroad.
• A representative of an organization that carries out social work with the disabled.

Documents for accompanying a disabled person abroad

• Originals or notarized copies of documents confirming family relationships (birth or marriage certificate);
• Originals or notarized copies of documents confirming the fact of disability of the person who needs support (pension certificate of a disabled person). It should be noted that it will be impossible to cross the border if only a certificate from the MSEK about the disability group is available;
• A copy of the extract from the register of territorial communities about the joint place of residence of the disabled person and the person accompanying him.

Can they refuse to cross the border?

Yes, if a complete package of documents was not provided. However, if the refusal to cross the border was granted on illegal grounds, then the help of a lawyer can be very useful.

A lawyer will help:

• find out the grounds for refusal to cross the border;
• to detect a violation of the law when making a decision to refuse;
• draw up a statement of claim and submit it to the court;
• to represent a person’s interests in court.

If the claim is satisfied, the court obliges the body that refused to cross the border to issue a document that gives the right to cross the border.

Thus, the help of a lawyer can be useful in such cases:

• if you need advice on the list of documents for crossing the border with a disabled person;
• if you received a refusal to cross the border;
• if the person does not have the legal knowledge and skills necessary to independently challenge the decision on refusal to cross the border;
• if you want to maximize your chances of successfully challenging the decision on refusal to cross the border.

You can consult with an attorney who specializes in administrative law to decide whether you need an attorney. The lawyer will analyze the circumstances of the case and give recommendations on further actions.