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Publication date: 21.02.2025
Numerous successful cases of granting deferments.
Initial Data: a client approached with a request to establish a legal fact that she and her husband, who is considered missing, continuously lived together as a family from September 2017 to November 30, 2022, as a man and a woman without marriage. In 2022, he was mobilized into the Armed Forces of Ukraine and went missing. A petition was submitted to establish this fact.
Problem: The court of first instance decided at the first hearing to leave the petition for the establishment of cohabitation without consideration.
Solution: An appeal was filed.
Result: The appeal was granted, and the case was sent for further consideration. As a result, the fact of cohabitation as a family was legally established.
Main Payments and Benefits for Families of Missing Military Personnel
Families of individuals who went missing under special circumstances are entitled to financial payments and social guarantees under Ukrainian law.
Financial Support. If a serviceman goes missing, their family continues to receive their financial support (salary) until the official status is determined (deceased or returned from captivity). Legal basis: Cabinet of Ministers Resolution No. 884 of November 30, 2022.
- One-time Financial Assistance (OFA). If a person is officially declared deceased (by court or military unit decision), the family is entitled to a one-time payment of 15 million UAH, which is divided among the recipients. Legal basis: Cabinet of Ministers Resolution No. 168 of February 28, 2022.
- Social Benefits and Assistance. Families of missing persons may receive monthly financial assistance if the missing person was the sole breadwinner. Family members can obtain the status of a "family member of a deceased Defender of Ukraine" after the official confirmation of death.
- Legal Support. Families can seek assistance from the Coordination Center for Missing Persons or the Ministry of Reintegration for case support.
What Should Families of Missing Servicemen Do?
- Submit an application to the National Information Bureau or the Territorial Recruitment Center (TCC and SP).
- Obtain an extract from the Unified Register of Missing Persons.
- Regularly check for updates on the person’s status (missing, captive, deceased).
- Apply for social benefits through Administrative Service Centers (CNAP) or the Pension Fund.
Can a Common-Law Wife Receive Payments?
A common-law wife of a serviceman does not have an automatic right to payments in case of his disappearance or death since she is not legally considered a family member under Ukrainian law.
If a serviceman goes missing, financial support (salary) continues to be paid only to official family members: the legal wife (in marriage), children, and parents.
How Can a Common-Law Wife Claim Payments?
- Establishing Family Membership in Court. If the couple lived together and maintained a shared household, the court can recognize the status of a “family member.” Evidence may include joint children, shared property, and witness testimonies. If the court rules positively, she can claim payments and benefits.
- Establishing the Fact of Cohabitation Without Marriage. This requires court proceedings with supporting evidence (joint bank accounts, property, witness testimonies, etc.). If successful, she can apply for payments.
- Officially Registering the Marriage (if the serviceman is still alive). If the serviceman is in captivity or missing, marriage can be registered in absentia through the court, providing legal grounds for receiving payments.
How Should a Common-Law Wife of a Missing Serviceman Proceed?
Qualified lawyer Marina Dyachenko helped resolve a case where a common-law wife of a missing serviceman successfully proved their cohabitation.
If your serviceman has gone missing or passed away, and you are not legally married, consult a lawyer to establish the fact of family cohabitation.
If the court of first instance rejects the claim, you can file an appeal.
Procedure for Receiving Financial Support for Military Families
The financial support payments to family members of servicemen are issued based on an application submitted to the commander (chief, head) of the military unit (institution, organization).
The military unit commander reviews the submitted documents within 15 days and makes a decision on approval or denial of the financial support payment. The applicant is notified in writing.
If the payment is denied due to an incomplete set of documents, the applicant can reapply after correcting the deficiencies.
In cases related to the financial support of missing servicemen, it is better to seek help from a qualified lawyer immediately to save time and protect your rights.
Marina Dyachenko has extensive experience in resolving cases related to compensations, unlawful actions of Territorial Recruitment Centers, and other legal issues and will help you achieve justice.
