Crossing the border on the basis of the act of establishing the fact of providing care

According to the Resolution of CMU No. 1044 (with amendments and additions) on crossing the state border during martial law on the territory of Ukraine, a number of persons who have an existing group of disabilities or provide care for persons with disabilities and persons who need it on the basis of a conclusion have the right to cross the border LKK.

Which persons have the right to cross the border as an accompanying person?

According to paragraph 2/1 of the Resolution of the CMU No. 1044 during martial law, the following persons have the right to cross the border:

• People with disabilities;
• Those who have a spouse with an existing group of disabilities;
• Those who have one of their parents or spouse’s (husband’s) parents with disabilities of group 1 or 2;
• Those persons who provide constant care;
• 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 disability of the I or II group;
• Grandmothers, grandfathers, adult brothers, sisters, stepmothers, and stepfathers who accompany children with disabilities to travel outside Ukraine;
• Those persons who need constant care are accompanied by one of the family members of the first degree of consanguinity;
• Guardians of persons with disabilities are recognized by the court as incompetent.

What documents are used to cross the border?

For each of the points listed above, a corresponding package of documents is provided, the main of which are:

• a certificate from the MSEK (medical and Social Expert Commission) confirming the existing disability group of a person crossing the border or a person being accompanied abroad for treatment or rehabilitation.
• the conclusion of the LCC (Medical Advisory Commission) is that the person crossing the border or the person being accompanied needs third-party care or assistance in terms of health, which is confirmed by the relevant conclusion.
• Documents confirming family relationship ( birth/marriage certificates ).
• Identity documents (domestic and foreign passports).

The act of establishing the fact of providing care is a document that records the facts and circumstances of providing care to a certain person.

The document usually lists the people involved in the care, including the caregiver and the person being cared for.

The act of establishing the fact of providing care can be used for medical, legal, or administrative purposes, including evidence for further consideration of the case or the resolution of issues related to the care of a person. In the conditions of martial law in Ukraine, the Act of establishing the fact of providing care is one of the documents based on which, respectively to Resolution of the CMU No. 1044, it is possible to cross the border accompanying a person who needs it.

It is important to note that this document may change depending on the specific situation and legal requirements of your region.

If you have any questions and you need detailed advice on crossing the border on the above grounds, lawyers and lawyers of Prikhodko and partners can provide you with up-to-date information on the day of your application and help you collect the necessary documents in accordance with the current legislation of Ukraine.