DEPARTURE ABROAD OF PERSONS WITH DISABILITIES

A very relevant and common issue, on which clients turn to us for advice, is the possibility of obtaining a permit to travel abroad for persons with disabilities. Undoubtedly, various life circumstances and needs force people to change their place of residence/permanent stay also by moving outside their country, so it is necessary to familiarize yourself with the legislative framework of Ukraine in order to make this process legal and understandable.

With this in mind, let's analyze the legal norms governing travel abroad.

Thus, according to the Law of Ukraine "On Mobilization", persons with disabilities have a deferment from conscription, and therefore also have the right to cross the state border. Resolution № 57 of the CMU dated January 27, 1995 "On 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 introduced on the territory of Ukraine, persons with disabilities have the right to cross the state border.

However, despite this permit norm, there are currently many contradictions and unfounded information about persons with disabilities of the III group, namely the impossibility of their departure abroad. This creates chaos among the population and misleads, although such a ban has no basis. Therefore, it is necessary to emphasize that persons with disabilities are considered disabled persons of the I, II and III groups.

As for documenting departure abroad, it is important to note that recently, it was possible to leave with a certificate from the Ministry of Economic Affairs. However, there is no such possibility today, and therefore this issue is currently being analyzed and specified in more detail. Yes, now there is a clearly defined list of documents for going abroad. This list is exhaustive:

• Certificate of disability
• Or a pension certificate
• Or a certificate confirming the appointment of social assistance
• Or certificates for receiving benefits by persons with disabilities who do not have the right to a pension or social assistance.

Thus, we see that the grounds for crossing are alternative, that is, a person can choose one of the proposed documents at his own discretion.

In addition, the specified documents must comply with Ukrainian legislation, since if the disability documents were made abroad, it will be impossible to cross the border.

Moreover, there are some benefits for persons with disabilities of the 1st group when crossing the border, namely the possibility of priority passage of the types of controls provided for by the law at checkpoints across the state border. There is no limit to the number of crossings of the state border.

At the same time, this issue is still not fully covered in the national legislation and contains shortcomings and gaps, since the legislation does not clearly provide for the need to have a permission document for departure, which a person receives at the Territorial Center for Recruitment and Social Support (Military Committee), but in practice The DPSU requires a corresponding mark on the postponement in the military registration document.