Pensions to the family of a fallen serviceman: Procedure and legal aspects

BASE (basic) 20.91

advertisement

Consultant # 1306

Lawyer

Ukraine / Kyiv

i

Reading time: 13 minutes Total views: 78

Rate:

0

Publication date: 25.07.2024

Pensions to the family of a fallen serviceman: Procedure and legal aspects

The death of a serviceman in the line of duty is a heavy loss for the family and society. In such cases, the state provides social protection to the family members of the deceased serviceman, in particular, through the provision of pensions. This support helps the family to cope with financial difficulties that may arise as a result of the loss of the breadwinner. This article examines the procedure for granting pensions, their types and legal aspects related to the family of a fallen serviceman.

Types of pensions granted to the family of a fallen serviceman

The state provides several types of pensions for the family members of a fallen serviceman. The main ones include:

• Survivor's pension: This type of pension is granted to disabled family members who were dependent on the deceased. Such members may include minor children, widows (widowers), parents, and other relatives who were dependent on the deceased. The pension is provided for a certain period or until a certain age is reached (for example, until children reach the age of majority).
   
• Disability pension: If the death of a serviceman was caused by an injury, contusion or illness sustained in the line of duty, family members may be entitled to a disability pension. This applies if the deceased was disabled or had the status of a person with a disability.
   
• Social pension: This type of pension is granted to relatives of the deceased who do not qualify for other types of pensions. The social pension is granted taking into account the special circumstances and needs of the family.
   

The procedure for granting pensions

The procedure for granting pensions to the family of a fallen serviceman includes several key stages:

1. Submission of an application: The family members of the deceased must submit an application to the Pension Fund of Ukraine or other relevant pension granting authority. The application must contain information about the applicant, as well as documentary evidence of the family relationship with the deceased.
    
2. Submission of documents: The application must be accompanied by documents confirming the fact of the death of the serviceman (death certificate), as well as documents confirming the circumstances of the death (military ID card, certificates from military units, etc.). You also need to provide documents confirming the status of a disabled family member (birth certificates of children, disability documents, etc.).
    
3. Consideration of the application and granting of the pension: After submitting all the required documents, the pension authority reviews the application and decides whether to grant or deny the pension. In case of a positive decision, the pension is granted for a specified period or until the family members reach a certain age or status.
    

Legal aspects and guarantees

Pensions to the family of a deceased serviceman are governed by Ukrainian legislation, including the Laws of Ukraine ‘On Pensions’ and ‘On Social Protection of Servicemen and Their Families’. These legal acts define the rights of family members to pensions, the procedure for granting pensions and their amount.

The state guarantees the protection of the rights of family members of a deceased serviceman to receive social benefits. In the event of disputes or refusal to grant a pension, family members have the right to apply to court to protect their rights. The court proceedings may include an analysis of the circumstances of the death, the legality of the refusal and other issues relevant to the granting of a pension.

Appealing against decisions to deny a pension

In case of refusal to grant a pension or disagreement with its amount, family members of the deceased serviceman have the right to appeal against such a decision. The appeal can be made by filing a complaint with the higher authorities of the Pension Fund or by going to court. It is important to keep all documents and evidence confirming the validity of the claims and to ensure proper legal representation during the appeal process.

Additional benefits and social guarantees

In addition to pension payments, the family of a deceased serviceman may be entitled to other social benefits and guarantees. This may include free medical care, the right to sanatorium treatment, discounts on utilities, free public transport and other types of social assistance. The children of the deceased may also receive priority admission to educational institutions, the right to free meals at schools and the right to receive scholarships. These benefits and guarantees are intended to support the social and economic situation of the family in the event of the loss of the breadwinner.

Particular attention should be paid to the right to housing or improved housing conditions for the family of the deceased. This can be realised through the provision of housing subsidies, state aid for the purchase or construction of housing, as well as through the provision of social housing to the family. All of these measures are aimed at ensuring social stability and a decent standard of living for the family that lost its breadwinner. It is important for the relatives of a fallen serviceman to be aware of their rights to these benefits and to actively apply for them to the relevant state authorities.

The process of protecting rights and legal support

In case of difficulties or disagreement with the decisions of state authorities regarding the provision of pensions or other social benefits, the family of the deceased serviceman has the right to legal support. This includes the possibility of contacting lawyers, human rights organisations or public associations that specialise in protecting the rights of servicemen and their families. Legal support can be especially important in cases of appealing decisions, resolving disputes or identifying violations of the law.

It is also worth noting that the family of the deceased has the right to apply to international organisations, such as the UN or the European Court of Human Rights, in cases where all domestic legal remedies have been exhausted. This may be necessary in cases of systematic violations of rights or insufficient protection by the state. Ensuring proper legal support and awareness of their rights are key factors in ensuring fair and comprehensive protection of the interests of the family of a fallen serviceman.