Can a Man with Disability Group III and a Deferral Travel Abroad: What the Law Says

Under martial law, the question of whether men liable for military service may leave Ukraine remains one of the most pressing. In practice, situations arise where a person holds several legal grounds at once: for example, a formal deferral from mobilisation together with disability group III. Can such a person cross the border, and which documents must be carried?

Two concepts need to be distinguished: a deferral from conscription during mobilisation and the right to cross the state border. They are governed by different provisions of the law and carry different legal consequences.

Under Article 23 of the Law of Ukraine “On Mobilisation Preparation and Mobilisation”, persons recognised as persons with disabilities in the established manner are not subject to conscription for military service during mobilisation. At the same time, holding a deferral granted on another statutory ground does not in itself deprive a person of the other rights connected with the status of a person with a disability.

Does disability group III give the right to travel abroad

The procedure for crossing the border under martial law is set out in the Rules for Crossing the State Border by Citizens of Ukraine, approved by Resolution No. 57 of the Cabinet of Ministers of Ukraine of 27 January 1995.

Under paragraph 2-1 of the Rules, persons with disabilities may cross the state border where they hold documents confirming the relevant status. The provision does not limit this right to persons with group I or II only. Accordingly, disability group III may also serve as an independent ground for crossing the border.

Therefore, where a man holds a deferral granted for another reason and at the same time has disability group III, this does not mean that he must travel specifically on the basis of that deferral. To cross the border, he may confirm his status as a person with a disability.

Which documents need to be prepared

Before travelling, it is worth checking in advance that all the necessary documents are in place. In particular, a man will need:

• a valid passport of a citizen of Ukraine for travel abroad;
• a military registration document in paper or electronic form;
• a document confirming that disability has been established.

Depending on the particular circumstances, such confirmation may be a certificate confirming the relevant status, a pension certificate or a certificate on the award of social assistance stating the group and the cause of disability. In the cases provided for by law, a certificate for obtaining benefits by persons with disabilities who are not entitled to a pension or social assistance may also be used.

Accordingly, a valid disability group III, supported by the proper confirming documents, may serve as a ground for a man to leave Ukraine under martial law. Holding another formal deferral from mobilisation does not in itself prevent this.

At the same time, before travelling it is advisable to check the current wording of the legislation and your own military registration data, since the rules and the manner of their application may change, and each situation requires an assessment of the specific documents.

If you still have questions about crossing the state border or arranging a deferral, or if you need individual legal advice, please contact the lawyers of the Strategic Advocacy law firm.