Publication date: 01.11.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
In the context of martial law in Ukraine, the issue of medical care for servicemen and women who have been injured or seriously ill during their service is of particular importance. Sometimes, it may be necessary to travel outside Ukraine to provide the necessary treatment and rehabilitation, especially in cases where the relevant medical services or technologies are not available within the country. This process is regulated by a number of legislative acts that establish procedures and conditions for Ukrainian military personnel to travel abroad for treatment.
Grounds for travelling abroad for medical treatment
According to Ukrainian legislation, servicemen and women can obtain permission to travel abroad for medical treatment in the following circumstances:
Absence of necessary treatment in Ukraine. If medical facilities in Ukraine are unable to provide appropriate treatment or procedures for a particular type of injury or illness, travelling abroad is justified.
- Long-term rehabilitation. In the case of complex injuries or traumas requiring long-term physical or psychological rehabilitation, travel may be authorised to access rehabilitation services outside Ukraine.
- The need for specific equipment or medicines. Sometimes access to the latest equipment or specialised medicines abroad is necessary for faster and more effective treatment.
Regulatory framework for travelling abroad for medical treatment
The procedure of travelling for treatment outside Ukraine for servicemen is regulated by several main regulatory documents, including:
- Resolution of the Cabinet of Ministers of Ukraine No. 225 of 20 March 2022. This regulation regulates the procedure for obtaining a travel permit for servicemen who need treatment abroad and sets out the requirements for medical indications.
- The Law of Ukraine ‘On Social and Legal Protection of Servicemen and Members of Their Families’. The law defines the rights and obligations of the military, including the right to medical care and specialised assistance under martial law.
- Order of the Ministry of Health of Ukraine No. 651 of 17 August 2022. This Order regulates the procedure for issuing medical reports required to obtain a permit for treatment abroad, as well as responsibility for the accuracy of medical documents.
Documents required for departure
The following documents must be collected in order to arrange for a serviceman to travel abroad for treatment:
- An application addressed to the command. The serviceman submits a written application to the unit commander, stating the need for treatment abroad.
- A medical report. The Special Military Medical Commission must issue a medical report confirming that the necessary treatment cannot be provided in Ukraine.
- Approval of the relevant authorities. Based on the conclusion of The Special Military Medical Commission, the documents are submitted for further approval by the Ministry of Defence of Ukraine or other authorised bodies.
The procedure for obtaining a travel permit
The process of obtaining a travel permit for medical treatment abroad involves several consecutive steps:
- Submission of an application by a serviceman. The first step is to submit an application to the immediate superiors, which states the reason for the need to travel abroad.
- Medical examination and conclusion. The military medical commission thoroughly assesses the state of health of the serviceman and the possibility of providing the necessary medical care in Ukraine.
- Approval by the Ministry of Defence of Ukraine. After receiving the conclusion of the MEC, the documents are submitted for approval to the Ministry of Defence, which makes the final decision.
- Organisation of travel and communication with a medical institution abroad. The serviceman or his family must agree in advance with a medical institution that is ready to receive the patient.
Benefits of treatment for servicemen abroad
- Access to advanced treatment methods that may not be available in Ukraine.
- The opportunity to undergo rehabilitation in conditions that meet the highest standards.
- Specialised care for patients with severe injuries.
Recommendations for military personnel and their families
- Choose a clinic that has experience working with patients who have similar illnesses or injuries to yours.
- Prepare documents in advance, as the process may be delayed due to additional formalities.
- Consult with lawyers if you have any difficulties with the paperwork.
Question
Does a serviceman need to obtain a foreign passport to travel for treatment?
Answer
Yes, obtaining a passport is a mandatory requirement for travelling outside the country. In cases where a serviceman is unable to apply for a passport on his own, the command of the military unit can organise this procedure.
Question
Can family members accompany a serviceman during treatment abroad?
Answer
According to the current legislation, family members may accompany a serviceman if he or she needs constant assistance or care. However, accompaniment also requires separate approval.
Tips for preparing for treatment abroad
- Agree all the details with the medical facility abroad in advance, including the conditions of stay, the preliminary cost of treatment and the scope of services.
- Check what additional documents may be required to confirm your status as a serviceman.
- Seek advice from international lawyers who can help you with the paperwork.
Documents. Make sure you have prepared all the necessary documents to apply for an exit permit.
Medical facility abroad. Choose a clinic or rehabilitation centre that specialises in the treatment of your disease.
Consultation with a lawyer. Legal assistance can be useful in resolving issues related to border crossing.
Travelling abroad for medical care is an important tool for ensuring that those who defend Ukraine receive the necessary treatment. Preparation of the necessary documentation, compliance with the procedures established by law and timely access to medical facilities outside the country can ensure a quick and high-quality recovery. In case of difficulties with paperwork or travel arrangements, seeking legal advice is a good idea to avoid unnecessary delays and ensure that your rights are adequately protected.
