UPDATED RULES FOR GOING ABROAD

As before, the procedure for traveling abroad for men aged 18 to 60 during martial law in Ukraine is regulated by the Rules for crossing the state border by citizens of Ukraine, approved by the Resolution of the Cabinet of Ministers of Ukraine dated January 27, 1995 № 57 Kyiv (hereinafter - the Rules ).

By Resolution № 1044 of the Cabinet of Ministers of Ukraine dated September 10, 2022, the specified rules were amended, in particular, item 21 was reworded.

Thus, in accordance with the specified point, the following can cross the border during martial law on the territory of Ukraine:

• persons with disabilities, if available, in particular, a certificate of an examination report by a medical and social expert commission or a certificate confirming the relevant status, or a pension certificate or a certificate confirming the appointment of social assistance, etc.;
• persons who have a wife (husband) from among persons with disabilities and accompany such a wife (husband) to travel outside Ukraine;
• persons who have one of their parents or the parents of their spouse (husband) from among persons with disabilities of group I or II and accompany one of such parents to travel outside Ukraine;
• persons who provide permanent care for persons with disabilities of group I or II and accompany such persons to travel outside Ukraine;
• parents, guardians, custodians, adoptive parents, foster parents who raise a child with a disability under the age of 18;
• parents who are dependent on an adult child who is a person with a group I or II disability;
• grandmothers, grandfathers, adult brothers, sisters, stepmothers, stepfathers who accompany children with disabilities to travel outside Ukraine, if they belong to the category of persons who are not subject to conscription for military service during mobilization;
• persons who need constant care - accompanied by one of the family members of the first degree of consanguinity;
• guardians of persons with disabilities, recognized by the court as incapable, who accompany such persons to travel outside Ukraine;
• persons with disabilities or other persons in need of constant care who live (stay) in facilities/institutions - accompanied by employees of the care facility.

So, as we can see, departure abroad is possible either in the case of having the appropriate status of the person intending to leave, or in case of accompanying. At the same time, I emphasize that the above-mentioned circumstances, which give the right to cross the state border during martial law in Ukraine, must be confirmed by relevant documents.

What is new in the rules for crossing the state border is that male citizens of Ukraine aged 18 to 60, specified in paragraphs three to seven, nine and ten of this clause and clause 2-2 of these Rules, can leave Ukraine independently without persons with disabilities, children with disabilities, persons in need of constant care, or children defined in clause 2-2 of these Rules, on the basis of a certificate of stay of such persons with disabilities, children with disabilities, persons in need of constant care, or children , specified in clause 2-2 of these Rules, in the consular register.

In addition, the citizens who provided such escort are obliged to return to Ukraine no later than the return to the territory of Ukraine of the persons whom they accompanied.

Contact "Prikhodko&Partners" Law Company and receive professional advice on whether you have grounds and clarification of the procedure for traveling abroad during martial law in Ukraine.