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Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Documents for traveling abroad for disabled people of group 2
According to current legislation, men with group II disability have the right to legally cross the state border in conditions of martial law and mobilization. However, there are certain nuances. In this article, we will consider in detail what documents are required for traveling abroad for group II disabled people.
Legislative regulation of the issue
Last year, certain changes were made to the rules for crossing the state border. The fundamental condition for all men of mobilization age (i.e., from 18 to 60 years old) is the presence of a military registration document. In this case, you can provide both a paper version of the document and an electronic one (it can be easily obtained through Reserve+). If a military registration document is missing, in most cases, border guards will refuse to cross the state border.
In case of legal grounds for crossing the state border (for example, due to health reasons), the man must provide a document confirming this fact.
For example, men with group II disability must provide the following documents:
- Certificate – confirmation of the status of a person with a disability.
- Certificate of receipt of benefits.
- Document confirming the appointment of a man to social assistance.
Important: a man must obtain a document on disability in Ukraine. If it was obtained abroad, the person does not have the right to leave.
It is also necessary to remember that the MSEK certificate (certificate of form No. 157-1/o) has been canceled as a basis for confirming disability and the possibility of traveling abroad. It is necessary to provide exactly those documents that confirm the establishment of the second group of disability.
Therefore, according to the current Law and other regulatory legal documents, persons with group II disability have a deferral. As for men who received a disability during military service, the situation is more complicated. In particular, the Procedure that determines the functioning of the military medical commission establishes a number of diseases necessary for establishing the status: fit, unfit, limitedly fit for military service. The established disability of groups II and III corresponds to the characteristics of limited fitness. That is why sometimes servicemen are left without the right to discharge even in cases where they received an injury, wound, or mutilation that led to receiving a group II disability.
We also remind you that a person is not subject to mobilization if his close relatives (wife, parents, children) have an established disability of groups I or II.
In what cases can a person with a disability be denied crossing the state border?
As practice shows, even if there are all the documents that give the right to legally cross the state border, a person with a disability may encounter certain difficulties. The thing is that the final decision on traveling abroad is made by representatives of the State Border Service. Suppose, inaccuracies were found in the documents, it is necessary to provide sufficient confirmation, etc. In such situations, border guards will in most cases refuse to cross the state border.
Among the reasons for the ban on traveling abroad for a person with a disability of group II, it is also worth noting:
- The presence of a ban on traveling abroad.
The ban is established in court or by other state authorities.
- Receiving suspicion/accusation of committing illegal actions.
In this case, legal proceedings are initiated against the person to determine the measure of punishment.
- The absence of a package of documents confirming the right to unhindered travel abroad.
Important: the refusal of border guards must be made in writing, indicating the reasons. In the future, the explanation received can be used to appeal the refusal. For this, the lawyers of our law firm Prykhodko and Partners will prepare a complaint to the Main Directorate of the State Border Guard Service or a lawsuit to the courts.
Even if there are all legal grounds for crossing the state border, we recommend using the service “legal support when traveling abroad.”
The specialists of our law firm Prykhodko and Partners provide comprehensive legal assistance on issues of traveling abroad in conditions of full-scale war. Among the services we offer:
- Consultation in a convenient format (offline, online).
- Collection of documents necessary for legal crossing of the state border.
- If necessary, appeal of the decision of the border guards in a pre-trial or judicial procedure.
We work exclusively for the desired result for the client! With us, crossing the state border on legal grounds will be a task without an asterisk for you.
Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer’s services for traveling abroad, fill out the form below.
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