Men with disabilities can cross the border of Ukraine even during martial law, but they must provide appropriate supporting documents. Find out more about the rules for men with disabilities to travel abroad in 2024

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Since the beginning of the full-scale invasion, men of military age between 18 and 60 have not been allowed to travel abroad. However, every rule has its exceptions. 

According to paragraph 2 of the “Rules for Crossing the State Border”, citizens of Ukraine, during the state of emergency or martial law on the territory of Ukraine, persons with disabilities, regardless of group, have the right to cross the state border. The number of border crossings is not limited, and the grounds for leaving Ukraine may be any reason: treatment, rest, study, work, personal goals, etc.

At the same time, in order for a disabled man of groups I, II or III to be allowed to travel abroad, he must provide documentary evidence of disability and deregistration from the military.

In our previous article, we described which categories of men can freely leave Ukraine and what documents they need to have.

Can men with disabilities cross the border in 2024?

According to clause 1 of the Rules for Crossing the State Border of Ukraine, persons with disabilities have the right to travel abroad during a state of emergency or martial law.

On May 18, a new law on mobilization according to which from July 17, 2024, when crossing the border of Ukraine for departure, all men aged 18 to 60 will be checked for the presence of a military registration document.

That is, from now on, a man who has a deferment, which gives him the right to cross the border, or is excluded from military registration, must submit a military registration document for verification, which will necessarily state the reasons for receiving this deferment with a term and condition. They also accept a certificate in the form specified in Appendix 6 of the Procedure for Conscription of Citizens for Military Service during Mobilization, for a Special Period, approved by Cabinet of Ministers Resolution No. 560 of 05/16/2024.

Nadiya Gryshchenko, a lawyer at Ario Law Firm, notes that the decision to allow men with disabilities to cross the border is made directly by representatives of the border service at the checkpoint, after a detailed examination of the documents and clarification of all the circumstances. Therefore, there is a possibility that for some reason, border guards will not let a man through, even if he has all the necessary documents.

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Documents required for men with disabilities to cross the border

Thus, at the request of the border guards, men aged 18 to 60 must provide the following documents when crossing the border:

1.Foreign passport

2. Certificate confirming the status of a disabled person;

3. Pension certificate;

4. Certificate for receiving benefits by persons with disabilities who are not entitled to a pension or social assistance, approved by the Ministry of Social Policy of Ukraine;

5. Military registration document with the appropriate mark;

6. A document confirming the person's removal from the military register.

It is worth noting that a certificate from the Medical and Social Expert Commission (MSEC) is no longer accepted to confirm disability when crossing the border by men of military age. Therefore, it is necessary to draw up exactly the documents provided for in the above paragraph.

You can read more about the need to undergo a second VLC for persons with disabilities to determine their suitability for military service here.

Do persons with disabilities need a mark in "Reserve+" to travel abroad?

The military registration document can be both in paper and electronic form. Border guards will check and accept both of these documents. If there are difficulties or warnings that some document may be fake, or the information is not displayed, they can check it through the "Oberig" system.

Importantly! "Rezerv+" is a mobile application. If a QR code is generated in it, it is equated to a military registration document in electronic form. Border guards read the QR code and see information about the person who shows this document.

Can a man with a disability be refused to cross the border?

The final decision on whether a person with a disability can travel abroad is made at the checkpoint by representatives of the State Border Guard Service. In case of inaccuracies in the documents, the need for additional confirmation of the information provided, or other circumstances, border guards may refuse to cross the border.

In addition, a person with a disability may not be allowed to leave Ukraine if they:

1. Has a travel ban imposed by a court or other public authority;

2. Has been suspected or accused of committing a crime that is being investigated or prosecuted.

3. And also in the absence of all necessary documents for crossing the border.

The refusal must be made in writing and the grounds must be stated. A written explanation may be used to appeal the refusal to cross the border by filing a complaint with the main body of the State Border Guard Service or a lawsuit with an administrative court. 

You can get legal assistance on leaving Ukraine during martial law on our website. Visit Ukraine's lawyers will answer any questions related to crossing the state border, help you collect the necessary documents, and appeal against a decision to refuse to leave Ukraine. To order a consultation or full legal support, please follow the link.

We remind you! Persons liable for military service may accompany relatives with disabilities abroad. However, not everyone has this right during martial law. Read more about the rules governing the escort of persons with disabilities abroad and what documents will be required in 2024.

Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.

Ihor Usyk is the Head of Legal Department at Visit Ukraine

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