Publication date: 10.10.2024
I am Mariya Borevich, your personal lawyer. My primary goal is to help clients find optimal solutions to current legal issues, ensuring reliable protection of their interests. I specialize in family, civil, and military law, which allows me to effectively handle a variety of situations and cases. In family law, I provide support in resolving issues related to divorce, property division, establishing and challenging parental rights, alimony, and child custody. I understand that these matters are often emotionally complex, so I always strive to find the most delicate and fair solutions for all parties involved. In civil law, I assist in settling disputes related to contracts, property rights, compensation for damages, inheritance, and other issues concerning the protection of personal and property interests. Special attention is given to military law — supporting servicemen, protecting their rights and interests related to military service, social guarantees, and legal disputes. This area requires deep knowledge and understanding of the specifics of military service and the legislation regulating it.
One-time monetary compensation for the families of fallen soldiers is a payment that the state provides to family members or dependents of a fallen soldier. This assistance is designed to compensate for the loss of a breadwinner and support the family in a difficult period. In Ukraine, such assistance is regulated by legislation, in particular laws on social protection of military personnel.
The main aspects of obtaining compensation for those killed in war for the deceased:
- Who is entitled to payments compensation for those killed in the military: relatives of the deceased (wife/husband, children, parents) and other dependents. In cases where a serviceman died in the line of duty.
- Amount of benefit: the amount of to the one-time cash families of fallen defenders of Ukraine benefit is determined as a percentage of the established amount of the minimum wage or other relevant indicator at the time of death. The payment can reach a significant amount, which is determined in accordance with the legislation.
- The procedure for submitting documents: it is necessary to apply to the military unit where the deceased served, or to the relevant military commissariat. Documents confirming the family relationship with the deceased and a certificate of his death are submitted. Other required documents may include birth certificates, marriage certificates, etc.
Question
Is it possible to refuse to pay compensation for someone killed in war?
Answer
Yes, the families of fallen defenders of Ukraine may be denied the payment of OGD if the deceased was not in military service at the time of death or the cause of death was not related to official duties, due to failure to submit a complete package of documents or provision of false information. If the payment is denied, the family can go to court or file an appeal to challenge the decision and prove the right to receive assistance.
The procedure for receiving one-time cash payments to the families of the fallen soldiers includes several basic steps and requirements. This process is regulated by the legislation of Ukraine and has its own characteristics, depending on the circumstances of the death and family status of the deceased soldier.
Steps to receive compensation to the families of the fallen soldiers:
- Contacting a military unit or TCC and SP: first of all, the family or dependents of a deceased serviceman should contact the military unit where the soldier served, or the local TCC where he was registered. The military unit will provide the necessary certificates and confirmation of death.
- Preparation of a package of documents: certificate on the death of a serviceman issued by a military unit, documents confirming family relations with the deceased (birth certificate, marriage certificate, etc.), passport data and identification code of the applicant, as well as an application for one-time cash assistance. Other documents that may be required to prove the right to payment (for example, documents on maintenance or upbringing of children).
- Submission of documents to the relevant body: a package of documents is submitted to the TCC or a military unit, which then forwards it to the social security body or the relevant military unit engaged in the provision of assistance.
- Review of documents and decision-making: the military unit or the social security body reviews the submitted documents and determines the right to one-time assistance. If the documents are submitted correctly and there are no grounds for refusal, a decision is made to provide assistance.
- Receiving cash assistance: Once a decision is made, assistance is paid through a bank or other financial institution designated for payments. The amount is determined on the basis of legislation and depends on the circumstances of the death of a serviceman.
The terms of payment of a compensation for those who died in war in Ukraine depend on the procedural review and verification of submitted documents. The general period of payment of OGD can be up to 3-4 months from the moment of submission of a complete package of documents, but this period may vary depending on specific circumstances, the workload of authorized bodies or the need for additional checks.
In order to receiving payment for a dead soldier and to complete all documents correctly, it is recommended to seek legal help to avoid possible errors or refusal. Legal support for receiving a one-time cash benefit for a person killed in war involves complex legal assistance, which includes the preparation, submission and support of documents, as well as representation of the applicants' interests in state bodies. Such support ensures correctness and completeness of the process, minimizes the risk of denial of payment compensation for death in the war.
The main stages of legal support:
- Consultation: the lawyer explains the procedure for receiving a payment for the family of a deceased soldier, the amount of assistance and the rights of the family of the deceased, determines the list of necessary documents and other actions that must be performed to receive the payment.
- Preparation of documents: collection and verification of all necessary documents (for example, death certificates, decisions on the recognition of deceased servicemen, etc.). Preparation of an application for receiving OGD compensation for death in war and additional documents that may be required.
- Submission of documents: the lawyer submits a package of documents to the relevant state bodies and controls their processing. Accompanying the applicant to military commissariats or other authorities.
- Control and support of the application review process: the lawyer monitors the deadlines and procedure for reviewing the application for the payment of OGD. Interaction with authorized bodies in case of delays or the need to provide additional documents.
- Appealing the refusal (if necessary): if the OGD payment was refused, a lawyer will prepare a complaint or a lawsuit in court. Protection of the interests of the family of the deceased in court or administrative bodies.
The advantages of legal support of military lawyers for receiving monetary compensation for those killed in war from the legal service "Consultant":
Ensuring the legality and correctness of documents.
Increasing the chances of successful and timely payment.
Minimizing the risks of rejection or delays due to legal or procedural errors.
Legal assistance in such a process monetary compensation for dead military in war is important so that the family of the deceased receives appropriate support in the shortest possible time and without unnecessary difficulties. Contacting a lawyer or an attorney from our legal service can help avoid mistakes when submitting documents and ensure that the family's interests are properly protected in the event of a refusal monetary compensation for death in war.
