Can a Caregiver Man with a Disability Leave Abroad During Mobilization: Legal Insights and Modern Nuances
In the context of general mobilization and the imposed martial law in Ukraine, the question remains whether a man who received a deferral due to caring for a mother with a second-degree disability can legally travel abroad.
Ukraine is currently undertaking a large-scale mobilization of eligible military personnel, but the law provides mechanisms for obtaining deferments for specific categories of citizens.
Lawyer Dmytro Donchak explained on the b2bconsult platform that, according to legislation, individuals who have a parent with a second-degree disability can be exempted from conscription.
This is confirmed by paragraph 13 of part one of article 23 of the law “On Mobilization and Mobilization Preparation.” The lawyer emphasized that such legal status creates the possibility of obtaining a deferral.
Regarding crossing the state border, during a state of emergency or martial law, specific rules are in place for citizens with disabled family members.
According to subparagraph 4 of paragraph 2-1 of the Rules for Crossing the State Border of Ukraine, those who accompany parents or spouses with disabilities of the first or second group are entitled to leave the country, provided they have relevant documents.
These may include notarized copies of birth certificates, disability certificates, documents confirming the deferral, proof of shared residence, and international passports.
Thus, the necessary condition for departure is having legal documents confirming family ties, disability status, and deferment.
The lawyer highlights that everything is straightforward: sufficient evidence of kinship and disability allows for travel abroad with proper legal support and documentation.