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Publication date: 27.03.2024
About payments of financial support to the families of servicemen captured or taken hostage, as well as interned in neutral countries or missing in action
In today's conditions, military service is associated with numerous risks, among which is the possibility of being captured or going missing. In such cases, the state provides payments to military personnel and their families. Family members of servicemen often find themselves in complex financial situations. The Government of Ukraine has taken a number of measures to ensure financial support for these families. Let's take a closer look at the rights of servicemen and their families to financial assistance in the event of capture.
What payments are servicemen entitled to, and what payments can their family members receive?
According to the legislation, individuals who have been captured or gone missing may count on certain types of financial support in accordance with the provisions of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Families". In particular, families of such individuals may receive monthly payments, including the salary for the last place of service, salary according to military rank, length of service allowance, other monthly additional types of permanent financial support, and other types of financial support taking into account changes in length of service and monetary support norms.
According to the decision of the Cabinet of Ministers of Ukraine, family members of servicemen captured, missing, or interned in neutral countries may additionally receive a one-time state aid in the amount of 100,000 hryvnias.
In what cases is financial aid not provided?
However, there are important limitations. For example, payments are not made if the person was captured or went missing due to their own fault (voluntarily surrendered to captivity), or if the information provided to receive assistance is unreliable. It is also important to note that payments are not made in cases of voluntary abandonment of military service or desertion.
Procedure for applying for financial aid
Payment of state aid is made upon application by family members of the serviceman to the commander (chief, manager) of the military unit (institution, organization).
When applying for financial support, family members of servicemen must adhere to established procedures. For example, they must submit copies of necessary documents, such as passports of adult family members, marriage certificates or birth certificates of children (if any), certificates of registration of residence of family members (if such information is not specified in the passport), certificates of assignment of a registration number of the taxpayer's registration card, and also obtain a certificate of the person's captivity.
Who in the family can receive financial aid?
Financial aid is provided to the second spouse of the serviceman.
If the serviceman does not have a spouse, these funds can be paid to adult children who lived with the serviceman before his capture, legal representatives or adoptive parents of minor children, individuals who were supported by the serviceman, as well as his parents in equal shares. In case any of the mentioned persons refuse to receive financial aid, their portion is evenly distributed among other eligible individuals.
In what cases is financial aid paid to family members of servicemen instead of the serviceman himself?
Financial aid to family members of servicemen is paid only in cases where the request for it has been submitted to the military unit (institution, organization):
before the release of servicemen who have been captured or become hostages, or their internment in neutral countries;
within three years after the entry into force of the court decision recognizing servicemen as missing or declaring them dead. In this case, the application can be submitted no later than the day before the court decision recognizing them as missing or declaring them dead enters into force.
In case of refusal to pay, family members have the right to appeal the decision in court.
Lawyers of the "Consultant" marketplace provide legal support for appealing refusals to pay servicemen's families their due financial support and one-time state financial aid.
If you need legal assistance when applying for one-time financial assistance and financial support for servicemen captured, taken hostage, interned in neutral countries, or missing, or if you need legal assistance in appealing refusals to pay the corresponding benefits, consultant #1106 offers their services.
