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During the martial law, the list of persons who can go abroad was significantly reduced. According to Article 5 of the Law of Ukraine “On Martial Law”, the introduction of martial law may be accompanied by restrictions on citizens’ travel abroad. Such restrictions are introduced in order to ensure national security and defend the sovereignty and territorial integrity of the state.
However, there are certain exceptions that allow certain categories of persons to cross the border in the presence of an exhaustive list of documents.
In this article, we will focus on border crossing by persons with disabilities.
There is a normative legal act that provides an exhaustive list of documents that are grounds for traveling abroad. It is about the Rules for crossing the state border by citizens of Ukraine, which was approved by Resolution № 57 of the Cabinet of Ministers of Ukraine dated January 27, 1995.
We are interested in the following point:
“a person with a disability in the presence of a certificate confirming the relevant status, or a pension certificate or a certificate confirming the appointment of social assistance in accordance with the Laws of Ukraine “On State Social Assistance to Persons with Disabilities from Childhood and Children with Disabilities”, “On State Social Assistance to Persons with Disabilities” , who are not entitled to a pension, and to persons with disabilities”, which indicate the group and cause of disability, or certificates for receiving benefits by persons with disabilities who are not entitled to a pension or social assistance, in a form approved by the Ministry of Social Policy”.
Based on the above, the departure of persons with disabilities is allowed, regardless of which disability group the person has.
By the way, the State Border Service of Ukraine additionally indicates on its official website that the departure of persons with disabilities outside of Ukraine is not limited by the number of crossings of the state border to leave Ukraine.
So, if you are a person with a disability (even of the third group), then you have an actual reason for leaving, and the main thing left is to prove this reason in the legal sphere based on the list of documents indicated above.
The final decision is made by border guards at the checkpoint, during the examination of documents and clarification of the circumstances. It should be added that the border guards have very wide powers in this case, and if for some reason they decide not to let a person with a disability cross the border, who has a complete package of documents, then nothing can be done. Even a judicial appeal of the decision of the DPSU will not solve the issue, because the court cannot take over the powers of the border guards.
In this case, before doing anything, we advise you to contact lawyers who will help you not only compile the entire list of necessary documents and advise on how to properly protect your rights at the border, but also can accompany you at the border, protecting your rights and interests directly under border crossing time.