Escorting a patient abroad during the war – consultation of a lawyer

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Mamedova Liliya

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Expert in the field of criminal law. Specializes in crimes in the field of corruption, bribery, military activities, crimes in the financial sector and crimes against the foundations of national security. Assistance in the European Court of Human Rights and issues of international investigation.

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Escorting a patient abroad during the war – consultation of a lawyer

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Since the beginning of the full-scale war in Ukraine, there have been restrictions on crossing the border by men aged 18-60. This is related to mobilization under martial law. However, the right to leave Ukraine belongs to categories of men defined by current legislation. They are stipulated by Resolution No. 57 of the Cabinet of Ministers of Ukraine. Among the reasons for crossing the border, in particular, escorting a patient abroad during the war. Our specialists - lawyers Prykhodko and Partners will tell you about it in detail.

Who can accompany a conscript abroad during the war?

To begin with, we should note that the category of people who need constant care includes not only persons with an officially registered disability. This category also includes: terminally ill, elderly citizens, persons who need long-term treatment outside of Ukraine. The above-mentioned persons cannot move independently due to a number of reasons, including impaired body functions.

The next issue that should be considered is the documents required to accompany the patient abroad. These are, first of all, documents that will be able to confirm family ties (Marriage Certificate, Birth Certificate, etc.), the conclusion of the LCC (medical advisory commission) regarding the need for constant personal care.

As for a conscript who accompanies a patient abroad, he must have the following documents with him:

  1. Passport.
  2. Permission from the Territorial Center for Procurement and Social Support.

If accompanying a sick person who needs treatment abroad, a medical certificate of the prescribed form must be provided.

In addition, the current legislation provides for the possibility of independent crossing of the state border by conscripted men. They can do this without persons who need constant care in the following case: the above-mentioned persons are registered in a consulate in a foreign country. In this case, you will need a certificate and an appropriate package of documents to cross the border.

Another innovation appeared recently. In order to accompany the patient, it is necessary to provide an Act establishing the validity of care (previously, this document was not required to cross the border). Obtaining this Act involves a separate procedure.

Thus, all groups of men in the age group of 18-60 years who have appropriate reasons for this, supported by documents, can legally go abroad.

Consultation of a lawyer on accompanying a patient abroad during the war

Very often there are situations when, even with the necessary package of documents and grounds for legal border crossing, representatives of the border service refuse to cross the border to conscripts. In this case, the husband must be given a written decision to refuse to leave the country.

In order to avoid such unpleasant situations, it is better to immediately enlist the support of professional lawyers. Lawyers Prykhodko and Partners provide a full range of services related to the crossing of the state border under martial law conditions for military conscripts on legal grounds:

  • Consultancy.
  • Assistance in collecting documents that are necessary for traveling abroad.
  • Escorting a person when crossing the border.
  • Appealing the decision on refusal to cross the state border.

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