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Crossing the Border by a Man on the Basis of Accompanying a Person with a Disability: Procedure and Court Practice

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 04.06.2024

Crossing the Border by a Man on the Basis of Accompanying a Person with a Disability: Procedure and Court Practice

 

Introduction

Men may be restricted from crossing the state border of Ukraine, especially during martial law or other emergency situations. However, there are certain grounds on which men may travel abroad, including accompanying persons with disabilities. This document discusses the procedure for crossing the border and the court practice on this issue.

 

Border Crossing Procedure

 

1. 1. General Requirements

Documents required to accompany a person with a disability

  • Passport of a citizen of Ukraine for traveling abroad.
  • A document confirming the disability of the accompanied person: This can be a certificate from the Medical and Social Expert Commission (MSEC) or another document confirming the disability status.
  • Documents confirming family or other relationships: If the accompanying person is not a relative, additional documents may be required to explain the grounds for the accompaniment.

 

2. 2. Special Requirements

Additional documents and terms and conditions

  • Certificate of need for escort: You may need a certificate from a medical institution confirming the need to accompany a person with a disability.
  • An application from the accompanied person or his/her legal representative: If necessary, a statement stating that a specific person will accompany the person with a disability is required.
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3. 3. The Crossing procedure

The process at the border

  • Checking documents: When crossing the border, the border guard checks all the documents provided. It is important that all documents are properly executed and do not raise any doubts.
  • Additional checks are possible: In case of doubt, the Border Guard Service may request additional documents or conduct additional checks.

 

Court Practice

 

1. 1.

Consideration of cases on refusal to cross the border

  • Court decisions: In recent years, there have been several court decisions regarding refusals to allow men accompanying people with disabilities to cross the border. The court often takes the side of citizens if all documents are in order.
  • Analysis of decisions: Most court decisions point to the need for a thorough check of documents by the border service, but also emphasize the importance of respecting human rights.

 

2. 2. Typical Problems

The main reasons for refusals to cross the border

  • Incomplete package of documents: Often, rejections are due to incomplete documents or incorrectly executed documents.
  • Doubts about the authenticity of documents: Border guards may refuse to allow you to cross the border if they have doubts about the authenticity of the documents provided.

 

3. Recommendations for a Successful Crossing

Tips for accompanying persons

  • Prepare all necessary documents in advance: Ensure that all documents are compliant and free of errors.
  • Consultation with a lawyer: If possible, consult with a lawyer who specializes in migration law to ensure that the paperwork is correct.
  • Go to court in time: In case of unjustified refusal to cross the border, it is worth going to court to protect your rights.
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