Can a Man with a Group 3 Disability Travel Abroad?

According to the rules for crossing the state border by Ukrainian citizens, during martial law, persons with disabilities have the right to cross the border if they have a certificate confirming their status, a pension certificate, a certificate of receiving social assistance indicating the disability group and reason, or a certificate for receiving benefits for persons with disabilities who are not entitled to a pension or social assistance.

Which Disability Group Allows Travel Abroad?

During martial law, men with disabilities have the right to freely travel abroad as they are exempt from mobilization. This applies to individuals with any disability group – 1st, 2nd, or 3rd. Grounds for traveling abroad may include medical treatment, education, relocation for permanent residence, and other valid reasons. It is essential to present the necessary documents confirming disability and an up-to-date military registration document to the border service.

What Documents Are Required for a Person with a Group 3 Disability to Travel Abroad?

To cross the border, individuals with disabilities must provide, in addition to their Ukrainian passport for international travel, one of the following documents confirming their disability:

• A certificate confirming their disability status;
• A pension certificate;
• A certificate confirming the receipt of social assistance, indicating the disability group and reason;
• A certificate for receiving benefits for persons with disabilities who are not entitled to a pension or social assistance.

Previously, the MSEC certificate (form No. 157-1/o) was included in this list, but it was removed in October 2022.

Additionally, when crossing the border, a military registration document with a VIN code and updated data, a mark of exclusion from military registration, or a certificate of deferment based on disability must be provided.

Does a Man with a Disability Need to Contact the TCC When Crossing the Border?

To cross the border, a man with a disability must present an up-to-date military registration document with a VIN code and a mark of exclusion from military registration or deferment from mobilization. This requires undergoing a military medical commission (MMC), obtaining an MMC conclusion, gathering the necessary documents, and submitting an application to the TCC and Joint Centers for deferment from military service or exclusion from military registration.

Liability for Forging Documents for Traveling Abroad

Forgery, use, or sale of counterfeit documents is punishable under Article 358 of the Criminal Code of Ukraine.

Falsifying a military ID, an MMC conclusion, or purchasing fake certificates for traveling abroad falls under Part 1 of Article 358 of the Criminal Code of Ukraine. If such a document is used, liability is established under Part 4 of the same article.

Depending on the circumstances, punishment may include a fine of up to 17,000 UAH, probation for up to 3 years, or imprisonment/restriction of liberty for up to 5 years.

If the offense is committed repeatedly or by a group of people, stricter penalties may apply.

Can You Travel Abroad While Accompanying a Person with a Group 3 Disability?

The following individuals may travel abroad while accompanying a person with a Group 3 disability:

• A spouse of the person with a disability;
• Parents, guardians, foster parents, or caregivers of a child with a disability under 18 years old;
• Grandparents, adult siblings, stepmothers, or stepfathers accompanying children with disabilities, if they belong to a category exempt from military service during mobilization;
• Guardians or family members of the first and second degree of kinship of a person with a disability who has been declared legally incapacitated by a court;
• Employees of care institutions who provide care for persons with disabilities.

In addition to documents granting the right to travel and a military registration document, notarized copies of documents confirming family relationships (e.g., marriage or birth certificates), disability status, and social assistance appointments must be provided.

To travel abroad as a guardian accompanying a person with a disability, a court decision recognizing the person as legally incapacitated and appointing a guardian is required. A copy of this court decision must be presented at the border.

In some cases, it is possible to travel abroad without the person with a disability if they are registered at a Ukrainian consulate and there is an official certificate confirming this.

However, in certain situations, the accompanying person’s travel abroad may be temporarily restricted, including:

• If they have a criminal conviction – until the sentence is served or the conviction is lifted;
• If they are under a preventive measure prohibiting them from leaving the country – until the criminal proceedings are concluded or the restriction is lifted;
• If they have unpaid child support obligations;
• If they are evading responsibilities imposed by a court or other authority – until the obligations are fulfilled;
• If they are under administrative supervision – until the supervision is lifted;
• Other cases.

How Does the Process of Accompanying a Person Across the Border Work?

Before crossing the border as an accompanying person, the following steps must be completed:

• Undergo a military medical commission;
• Obtain an up-to-date military registration document from the TCC and Joint Centers;
• Provide the following documents at the border:
  • A Ukrainian passport for international travel or another document granting the right to exit and enter Ukraine;
  • Documents confirming family relationships;
  • Documents confirming the disability status;
  • Other documents depending on the situation.

According to the rules, border crossing is only possible while physically accompanying the person with a disability through the checkpoint. Merely having documents confirming a family relationship with a person with a disability does not grant the right for a conscript to travel abroad independently.

However, if the accompanying person crosses the border without the disabled individual, they must present a certificate confirming the person’s consular registration.

Additionally, the accompanying person must return to Ukraine no later than the person with a disability they accompanied.

Legal Assistance in Traveling Abroad for Persons with a Group 3 Disability

Lawyers and specialists from the “ES & Partners” team:

• Provide consultations on the current rules for crossing Ukraine’s border;
• Assist in preparing and collecting all necessary supporting documents for border crossing;
• Provide guidance on obtaining a visa;
• Help appeal a decision denying border crossing to the higher-level authority of the State Border Guard Service of Ukraine or an administrative court.

Author of the Article: Olga Yevheniivna Shymanovska – a lawyer with extensive experience in commercial and civil law, specializing in dispute resolution and legal support for businesses.