Can the guardian go abroad during the war

Every year, the issue of crossing the state border under the conditions of martial law in Ukraine becomes more and more urgent. This is explained by the fact that due to active hostilities throughout the country, many conscripted citizens lost their homes, their main source of income and were forced to move to safer regions of the country.

However, not everyone managed to adapt to the changed living conditions, to find an optimal job with an appropriate level of monetary remuneration, which as a result led to an increase in the number of people wishing to go abroad during the war. However, not all categories of citizens can cross the state border under martial law.

Therefore, in this informational article, specialists from the Prikhodko and Partners law firm will provide an answer to such a legal question - can a guardian go abroad during a war?

When is guardianship over a person established?

Issues related to the establishment of guardianship over citizens are regulated by the provisions of the Civil Code of Ukraine (hereinafter CCU).

Yes, Art. 58The CCU notes that guardianship is established over persons who have not reached the age of 14 and have acquired the status of an orphan because they were deprived of parental care, as well as over citizens who have been declared incompetent by a judicial authority.

Thus, the current legislation establishes an exhaustive list of circumstances under which guardianship over a person is established.

Are citizens who provide care subject to mobilization?

Provisions of Art. 23 of the Law "On Mobilization Training and Mobilization" states that the following categories of citizens are not eligible for military service in the ranks of the Armed Forces during martial law, namely:

• guardians engaged in full-fledged education and proper financial maintenance of a child who is under 18 years old and has a disability;
• guardians engaged in full-fledged upbringing and proper financial maintenance of a child who has serious diseases and developmental disabilities from childhood (for example, diabetes, persistent disorder of the human nervous system, etc.);
• guardians engaged in full-fledged upbringing and proper material maintenance of a child who has acquired the status of an orphan due to deprivation of parental care and who has not reached the age of 18;
• guardians who provide care for a person in respect of whom there is a decision of a judicial authority to recognize him as incapacitated;
• and many other categories of citizens.

Thus, if a citizen takes care of an individual, he is not subject to mobilization during martial law in Ukraine. Therefore, he has the right to legally travel abroad, but not on his own, but under the condition of being accompanied by a natural person over whom guardianship has been established.

What documents does the guardian need to cross the border?

• National and foreign passports of citizens of Ukraine (both the guardian and the person over whom guardianship has been established);
• MSEK certificate on the disability of the citizen over whom guardianship has been established (a pension identity card can also be provided);
• The decision of a judicial authority to recognize a citizen as incompetent and to appoint a guardian (usually established due to the presence of mental illnesses in a person that makes it impossible to independently carry out actions and deeds and to be aware of their consequences);
• Documents from which it is possible to establish the fact of family relations between the guardian and the person over whom guardianship has been established.

What to do if the guardian was refused to cross the state border?

If the guardian has all the necessary documents confirming his lawdoes not have the right to cross the state border and if all exit rules are properly followed - employees of the State Border Service cannot refuse a person to leave Ukraine.

In cases where the guardian was still refused to cross the state border, then it is necessary to receive such a decision from the employees of the State Border Service in a written version. It must necessarily indicate the grounds for refusal to cross the border and it must be justified.

If the guardian was illegally refused to leave and then such a decision should be appealed to the district administrative court.

Do you have any questions regarding this issue?

In such circumstances, contact the lawyers from the "Prikhodko and Partners" law office.

We will provide comprehensive answers related to the topic related to the departure of guardians abroad during martial law, as we perfectly understand the peculiarities of family and military law of Ukraine and have many years of experience in applying legislative norms in practice.

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