Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
Crossing the border on the basis of accompanying a disabled person
As is known, the martial law had a significant impact on the departure of conscripted men abroad. Only certain categories of men have the right to legally cross the state border. In this article, our experts, lawyers Prykhodko and Partners will analyze the features of crossing the border by conscripted men on the basis of accompanying a disabled person.
Who can accompany a person with a disability abroad?
It has been established by law that persons with disabilities can be accompanied by:
- Representatives of organizations that carry out social work related to the care of persons with disabilities.
- Individuals or legal entities caring for persons with disabilities (all supporting documents must be available).
- Persons who are in a family relationship with a person with an established disability (for example, a husband can accompany his wife, parents, children).
What documents will be needed to cross the border on the basis of accompanying a disabled person?
The Rules for Crossing the State Border clearly state which documents need to be prepared for legal border crossing. The only thing worth adding: a certificate from the medical advisory board may also be required. This certificate must confirm the diagnosis and clearly state that the person needs constant care. Although this document is not in the List, it is advisable to do so. At the same time, it is worth noting that this certificate in itself is not a separate reason for crossing the state border.
Features of crossing the state border
If a man plans to cross the border on the basis of accompanying a person with a disability, he should understand that this is possible only with this person. That is, only in the presence of documents, a conscript does not have the right to independently cross the state border. The only exception is the location of a person with a disability outside of Ukraine. To do this, a certificate must be added to the package of documents, which will serve as confirmation of the stay of a person with a disability abroad.
Important: persons accompanying a person with a disability must return from abroad at the same time as the person they are accompanying.
Assistance of a lawyer when crossing the border
Quite often, even if there are legal grounds, border guards can refuse to cross the border. The fourth article of the Law of Ukraine “On the Border Border” states that it is carried out on the following basis:
- Legality.
- Openness
- Ensuring compliance with all rights and freedoms of a person.
However, sometimes, when refusing to cross the state border, border guards do not justify their decision. If you believe that you have received an unlawful refusal to cross the state border, we recommend that you enlist the help of professional lawyers. The time limit for appealing the decision of the representatives of the border guard service is one month from the date of its adoption.
Our lawyers will be able to appeal the decision of the representatives of the border guard in the administrative court. We will be able to protect your interests because, regardless of military status, all rights and interests of every citizen of Ukraine must be respected. Lawyers Prykhodko and Partners have the necessary theoretical and practical experience for you to legally cross the border on the basis of accompanying a disabled person. The main key to our success is an individual approach to each specific case.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for consulting and accompanying the crossing of the state border, fill out the form below.
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