Amendments to the Rules for Crossing the State Border by Citizens of Ukraine

APPROVED
by Resolution of the Cabinet of Ministers of Ukraine
No. 1044 dated September 10, 2022

AMENDMENTS
to the Rules for Crossing the State Border
by Citizens of Ukraine

• Paragraph 2¹ shall be set out in the following wording:

 “2¹. In the event of the introduction of a state of emergency or martial law in the territory of Ukraine, the following persons shall have the right to cross the state border:

• persons with disabilities, provided they have a certificate attached to the examination report of the medical and social expert commission (primary accounting documentation form No. 157-1/o), or an identity document confirming the relevant status, or a pension certificate, or a certificate confirming the assignment of social assistance in accordance with the Laws of Ukraine “On State Social Assistance to Persons with Disabilities from Childhood and Children with Disabilities” and “On State Social Assistance to Persons Who Are Not Entitled to a Pension and Persons with Disabilities,” indicating the disability group and cause of disability, or a certificate for obtaining benefits by persons with disabilities who are not entitled to a pension or social assistance, in the form approved by the Ministry of Social Policy (hereinafter — documents confirming disability);
• persons who have a wife/husband from among persons with disabilities and accompany such wife/husband to leave Ukraine, provided they have documents, or notarized copies thereof, confirming family ties and disability;
• persons who have one of their parents or the parents of their wife/husband from among persons with Group I or Group II disabilities and accompany one of such parents to leave Ukraine, provided they have documents, or notarized copies thereof, confirming family ties and disability, as well as documents confirming cohabitation, namely that their declared or registered place of residence/stay coincides with the declared or registered place of residence/stay of their parents or the parents of their wife/husband, or documents confirming that they provide care for their parents or the parents of their wife/husband, as confirmed by an act establishing the fact of providing care for one of their parents or the parents of their wife/husband, or documents/certificates confirming receipt of compensation, assistance, or allowance for care. The act establishing the fact of providing care is drawn up on the basis of an application by a person with a Group I or Group II disability or by the person providing care to the district state administration, the district state administration in the cities of Kyiv and Sevastopol, or the executive body of a village, settlement, or city council, with a statement confirming that such person provides care. If the person with a Group I or Group II disability is registered as an internally displaced person, the application for confirmation of care shall be submitted at the place of registration of the actual residence of such internally displaced person. On the basis of such application by the person with a Group I or Group II disability or by the person providing care, the district state administration, the district state administration in the cities of Kyiv and Sevastopol, or the executive body of a village, settlement, or city council shall, no later than within five working days after receipt of the application, draw up an act establishing the fact of providing care in free form. The said act shall be sent to the applicant or issued personally at the applicant’s request;
• persons who provide permanent care for persons with Group I or Group II disabilities and accompany such persons to leave Ukraine, provided they have documents/certificates confirming receipt of compensation, assistance, or allowance for care, or documents confirming disability, and an act establishing the fact of providing care. The act establishing the fact of providing care for a person with a Group I or Group II disability is drawn up on the basis of an application by the person with a Group I or Group II disability or by the person providing care to the district state administration, the district state administration in the cities of Kyiv and Sevastopol, or the executive body of a village, settlement, or city council, with a statement confirming that such person provides care. If the person with a Group I or Group II disability is registered as an internally displaced person, the application for confirmation of care shall be submitted at the place of registration of the actual residence of such internally displaced person. On the basis of such application by the person with a Group I or Group II disability or by the person providing care, the district state administration, the district state administration in the cities of Kyiv and Sevastopol, or the executive body of a village, settlement, or city council shall, no later than within five working days after receipt of the application, draw up an act establishing the fact of providing care in free form. The said act shall be sent to the applicant or issued personally at the applicant’s request;
• parents, guardians, custodians, foster parents, and family-type orphanage parents who raise a child with a disability under the age of 18, provided they have the child’s birth certificate or documents confirming the relevant powers of the person accompanying the child with a disability, in the case of accompaniment by a guardian, custodian, one or both foster parents, or family-type orphanage parents; a certificate confirming the assignment of social assistance in accordance with the Law of Ukraine “On State Social Assistance to Persons with Disabilities from Childhood and Children with Disabilities,” indicating the status “child with a disability”; or a certificate confirming receipt of state social assistance for children with disabilities, issued by the structural division for social protection of the population of the district state administration, the district state administration in the city of Kyiv, the executive body of the city council whose territorial community includes the territory of a city of regional significance, or the district council in a city, if established, regardless of who has been appointed as the recipient of assistance; or an individual rehabilitation program for a child with a disability issued by the medical advisory commission of a healthcare institution; or a medical opinion on a child with a disability under the age of 18, or notarized copies thereof;
• parents who support an adult child who is a person with a Group I or Group II disability, provided they have the child’s birth certificate and documents confirming disability, or notarized copies thereof;
• grandmothers, grandfathers, adult brothers and sisters, stepmothers, and stepfathers who accompany children with disabilities to leave Ukraine, if they belong to the category of persons who are not subject to conscription for military service during mobilization, provided they have the relevant supporting documents and documents confirming family ties, or notarized copies thereof;
• persons who require permanent care, accompanied by one family member of the first degree of kinship, within the meaning set out in subparagraph 14.1.263 of paragraph 14.1 of Article 14 of the Tax Code of Ukraine, provided they have documents confirming family ties and a conclusion of the medical advisory commission of a healthcare institution confirming the need for permanent outside care, or accompanied by a person who provides permanent care for such persons, provided there are documents/certificates confirming receipt of compensation, assistance, or allowance for care, or a conclusion of the medical advisory commission of a healthcare institution confirming the need for permanent outside care and an act establishing the fact of providing care. The act establishing the fact of providing care for another person who requires permanent care is drawn up on the basis of an application by the person providing care to the district state administration, the district state administration in the cities of Kyiv and Sevastopol, or the executive body of a village, settlement, or city council, with a statement confirming that such person provides care. If the person who requires permanent care is registered as an internally displaced person, the application for confirmation of care shall be submitted at the place of registration of the actual residence of such internally displaced person. On the basis of such application by the person providing care, the district state administration, the district state administration in the cities of Kyiv and Sevastopol, or the executive body of a village, settlement, or city council shall, no later than within five working days after receipt of the application, draw up an act establishing the fact of providing care in free form. The said act shall be sent to the applicant or issued personally at the applicant’s request;
• guardians of persons with disabilities who have been declared legally incapable by a court and who accompany such persons to leave Ukraine, provided there is a decision appointing a guardian for such person, and if no guardian has been appointed for such person, ⸻ one adult family member of the first or second degree of kinship, within the meaning set out in subparagraph 14.1.263 of paragraph 14.1 of Article 14 of the Tax Code of Ukraine, provided there are documents confirming family ties and disability, or notarized copies thereof;
• persons with disabilities or other persons who require permanent care and who live/stay in care facilities/institutions, regardless of their form of ownership and subordination, and receive social services for inpatient care, palliative care, or supported living (hereinafter ⸻ care facilities), ⸺ accompanied by employees of the care facility authorized by the director of the care facility or the person replacing the director, provided there is an order by the director of the care facility or the person replacing the director on the departure of persons with disabilities or other persons requiring permanent care outside Ukraine and documents confirming disability. At the same time, persons with disabilities or other persons requiring permanent care may be accompanied by employees of the care facility who are registered for military service with territorial recruitment and social support centers, the Central Directorate or regional bodies of the Security Service of Ukraine, or units of the Foreign Intelligence Service, at the rate of one person per 25 persons with disabilities and other persons requiring permanent care.

Departure outside Ukraine by male citizens of Ukraine aged 18 to 60, referred to in the third to seventh, ninth, and tenth subparagraphs of this paragraph and in paragraph 2² of these Rules, may be carried out independently, without persons with disabilities, children with disabilities, persons requiring permanent care, or children defined in paragraph 2² of these Rules, on the basis of a certificate confirming that such persons with disabilities, children with disabilities, persons requiring permanent care, or children defined in paragraph 2² of these Rules are registered with a consular office, documents, or notarized copies thereof, granting the right to leave Ukraine as provided respectively in the third to seventh, ninth, and tenth subparagraphs of this paragraph and paragraph 2² of these Rules, and the documents specified in paragraph 2 of these Rules. 

Male citizens of Ukraine aged 18 to 60, referred to in the third to seventh, ninth, and tenth subparagraphs of this paragraph, who accompanied persons with disabilities, children with disabilities, persons requiring permanent care, or children defined in paragraph 2² of these Rules to leave Ukraine, are obliged to return to Ukraine no later than the return to the territory of Ukraine of the persons whom they accompanied.

Departure outside Ukraine by accompanying persons independently, without the persons referred to in the eleventh subparagraph of this paragraph, shall be carried out subject to the availability of an order by the director of the care facility or the person replacing the director on the rotation of accompanying persons from among the employees of the care facility, taking into account the requirements for such persons set out in the eleventh subparagraph of this paragraph.

Within three working days after organized groups of persons with disabilities referred to in the eleventh subparagraph of this paragraph cross the state border, the National Social Service shall notify the Ministry of Foreign Affairs thereof, indicating the country of further stay of such persons.

After the persons with disabilities referred to in the eleventh subparagraph of this paragraph arrive at their place of temporary stay outside Ukraine, the accompanying persons are obliged, within seven working days, to apply to a foreign diplomatic institution of Ukraine in the host country for consular registration of such persons.

A foreign diplomatic institution of Ukraine shall, within seven working days, inform the Ministry of Social Policy and the National Social Service through the Ministry of Foreign Affairs about the consular registration of the persons with disabilities referred to in the eleventh subparagraph of this paragraph.”.

• 2. Paragraph 2² shall be supplemented with the following sentence: “Departure outside Ukraine by accompanying persons independently, without the children referred to in this paragraph, may be carried out on the basis of the documents specified in this paragraph and in the twelfth subparagraph of paragraph 2¹.”.

• 3. In paragraph 2³:

1) in the fifteenth subparagraph, the words “within one working day” and “consular institution of Ukraine” shall be replaced respectively with the words “within seven working days” and “foreign diplomatic institution of Ukraine”;

2) in the sixteenth subparagraph, the words “Consular institution” shall be replaced with the words “Foreign diplomatic institution of Ukraine”;

3) the seventeenth subparagraph shall be set out in the following wording: “The Ministry of Social Policy, through authorized representatives of the Ministry of Social Policy, the National Social Service, other central executive authorities, public associations, including international organizations, and persons whose activities are aimed at protecting children’s rights, may, in accordance with intergovernmental agreements, monitor the conditions of children’s stay outside Ukraine, compliance with social standards and rights
in the country of their stay, and, together with foreign diplomatic institutions of Ukraine, facilitate the exercise and protection of the rights and interests of children staying outside Ukraine, their parents, and other legal representatives.”