Advice for men with disabilities evacuating Ukraine

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Advice for men with disabilities evacuating Ukraine

Men with disabilities (aged 18-60)

Men with disabilities of I and II groups may be declared temporarily unfit for military service due to their state of health or be deregistered and given the opportunity to go abroad if they wish.

Documents that confirm the possibility to cross the border and leave Ukraine: 

  • reference to the MSEC inspection report (form №157-1 / о), or
  • a disability status document, or
  • a pension certificate, or (1)
  • a certificate confirming receipt of social assistance, or
  • certificate for benefits for people with disabilities.

Important note: even if you have been removed from the military register and / or have a note in your military ID card about “unfit for military service” you may be asked to pass the Military Medical Commission (GDL) at the border again and provide a “fresh” opinion or "Temporary unfitness for military service for a period of six months" or "deregistration" - with these documents you can cross the border.

Men who support/care of a child with disability:

➔ a child with a disability under the age of 18;

➔ an adult child with a disability under the age of 23;

➔ a child with severe perinatal lesions of the nervous system, severe congenital malformations, rare orphan diseases, cancer, oncohematological diseases, cerebral palsy, severe mental disorders, type I diabetes mellitus (insulin-dependent), acute or chronic kidney disease IV degree,

➔ a child who has a serious injury, needs an organ transplant, needs palliative care, which is confirmed by a document issued by the medical advisory commission of the health care institution in the manner and form established by the central executive body that ensures the formation and implements state policy in the field of health care;

Documents that can support the claims: (2)

➔ a certificate confirming the appointment of social assistance in accordance with the Law of Ukraine "On State Social Assistance to Persons with Disabilities from Childhood and Children with Disabilities", which specifies the category "child with disabilities",

➔ or a certificate of state social assistance to children with disabilities issued by the structural unit for social protection of the district, district in Kyiv state administration, the executive body of the city council, the territorial community of which includes the territory of the city of regional importance, district in the city (in in case of its formation) council,

➔ or individual rehabilitation program for a child with a disability, issued by the medical advisory commission of a medical institution, 

➔ or medical opinion on a child with a disability under 18, 

➔ or a document issued by the medical advisory commission of a health care institution in the form and form , established by the central body of executive power, which ensures the formation and implementation of state policy in the field of health care. 

  • At the same time, paragraphs 3 and 4 should indicate the group and cause of disability.
  • According to the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Exemption from Military Service of Persons with Disabilities and Persons Caring for Such Persons with Disabilities and Severely Sick children ”(registered №7140-1)

Important note: in case of state of emergency or martial law on the territory of Ukraine, children with disabilities may be accompanied by one of their family members, guardian, trustee, one of the adoptive parents, foster parents who has reached 18 years of age and provides such support .(3)

Departure of children under 16 years of age, accompanied by one of the parents, grandparents, adult brothers, sisters, stepmother, stepfather or other persons authorized by one of the parents in a written statement certified by the guardianship authority, is carried out without the notarized consent of the other parent and in the presence of a passport of a citizen of Ukraine or a child's birth certificate (in the absence of a passport of a citizen of Ukraine) / documents containing personal information on which the State Border Guard Service will allow crossing the state border.

(3) Resolution of the Cabinet of Ministers № 264 of March 12, 2022 “On Amendments to the Rules of Crossing the State Border by Citizens of Ukraine” is available here

https://zakon.rada.gov.ua/laws/show/264-2022-п/print

 

Men who are constantly caring for adults who need it

The right to cross the border have men aged 18-60 years:

➔ engaged in permanent care for a sick wife (husband), child, as well as their parents or wife (husband);

➔ have a wife (husband) from among persons with disabilities and / or one of their parents or parents of a wife (husband) from among persons with disabilities of group I or II; who provide guardianship (care) for a person with a disability recognized by a court as incapable;

➔ engaged in constant care for a person with group I disabilities;

➔ engaged in constant care for a person with a disability of group II or for a person who, according to the conclusion of the medical and social expert commission or the medical advisory commission of a health care institution, needs constant care;

➔ engaged in constant care for persons in need, in accordance with the legislation of Ukraine, in the absence of other persons who can provide such care.

Documents that can confirm care (one or more of them, all at once are not required): (4)

  • documents confirming family ties (birth certificate, marriage certificate);
  • conclusion of the medical and social expert commission or the medical advisory commission of the health care institution on the need for constant care; 
  • certificates of compensation (benefits, allowances) for care;
  • decision on appointment as a guardian;
  • a court decision on incapacity and a court decision on the appointment of a guardian, and if no guardian is appointed to such a person, accompanied by one of the family members of the first degree of kinship (if there are documents confirming family ties), who reached 18 years old.

(4) Resolution of the Cabinet of Ministers № 264 of March 12, 2022 “On Amendments to the Rules of Crossing the State Border by Citizens of Ukraine” is available here

https://zakon.rada.gov.ua/laws/show/264-2022-п/print

Getting ART

People living with HIV who have been forced to change their place of residence may receive antiretroviral therapy at their actual location. 

This applies to places of actual stay on the territory of Ukraine and abroad.

In your hometown - check if the AIDS Center is working or through the Dovira office.

If you have changed your place of actual residence, you need to contact your local AIDS Center or Dovira office. Employees of these institutions should contact the AIDS Center in your city and confirm your status and receive ART. If there is no connection, a certificate can be issued by the Public Health Center.

The HIV / AIDS hotline is open 24 hours a day 0 800 500 451 There is also a chat www.helpme.com.ua

Abroad, you can get a list of clinics that will help register and receive ART through the initiative of the ECCE Network Group "ART for Ukrainians Abroad". https://www.eceenetwork.com/patients

Exemption from mobilization and border crossing for men living with HIV

Important note: HIV + status does not mean automatic exemption from mobilization and permission to cross the border!

If you have previously had a health mark on your military ID:

  • “deregistration”
  • “unfitness for military service in peacetime”
  • “limited suitability in wartime”

You must again (now!) Pass the VLK at the military registration and enlistment office at your actual location and obtain a certificate of "temporary unfitness for military service for a period of up to six months." If you are found unfit for military service with deregistration, make sure that the military card is marked or receive an affidavit with such a mark. These documents are the basis for you to cross the state border of Ukraine.

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