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Publication date: 16.05.2024
TESTAMENT OF A MILITARY SERVICEMAN
According to the Government's decision, servicemen are given the right to determine the recipients of one-time financial assistance in the event of their death
Thus, on May 14, 2024, the Cabinet of Ministers by resolution No. 550 approved the procedure and terms for the transfer of the original personal order by a serviceman to the commander of a military unit or the head of a unit for storage in a personal file.
A personal order relating to the payment of a lump sum death benefit can now be drawn up not only by military personnel, but also by conscripts and reservists participating in training or special training, or serving in the military reserve. They have the right to determine the person (persons) to whom (to whom) the benefit will be paid and to specify the share of each of them in percentage.
The personal order is issued in writing in an arbitrary form with an indication of the military rank, full name, date of birth, place of residence or stay, identification code, as well as the place and time of its preparation.
The document must specify the share of the amount of assistance to be paid and the person to whom the payments will be made. Also, the order may include data on the military unit to which the serviceman is called, contact numbers, and email addresses.
The signature on the document is certified by the commander of the unit or a notary public. The original of the order is given to the commander for safekeeping on the day of confirmation of the signature or within ten days after that (if the signature is notarized), which is recorded on the copy.A copy remains with a serviceman, conscript or reservist.
After certification of the signature, the original of the document is registered and transferred to the records department, where it is either stored in the TCC, or added to the personal file of a serviceman of the SBU or another body, except the Armed Forces.
The content of the personal order is confidential, and its disclosure by persons who have access to it is prohibited. The document is sent to the TCC in a special envelope or packaging that ensures confidentiality of information.
In case of cancellation or change of the order, the serviceman submits a new document or report to the commander.
This resolution of the CMU, in theory, simplifies the process for the relatives of fallen servicemen.
It will be recalled that earlier the Cabinet of Ministers gave civil servants the opportunity to specify the recipients of a one-time benefit in case of death, according to Resolution No. 375 dated April 2. Thus, civil servants and employees of critical infrastructure have the right to issue a personal order in writing on the payment of one-time benefits for damage to life and health to persons of their choice, determining the amount of the share of such persons in percentage. This makes it possible to provide financial support to selected persons in case of unforeseen circumstances.
Professional legal assistance that can be provided by a lawyer during military service
Attorneys who specialize in military matters can provide a wide range of professional legal assistance during the implementation of military registration and mobilization regulations. Here are some of the main services they can offer:
1. Legal consultations on military legislation.Analysis of documents and consultation of a lawyer are necessary to determine the scope of violated rights and to choose methods for their protection and restoration.
2. Legal assistance in matters of registration and removal from military registration.
3. Counseling regarding the passing of a medical commission and appeal of its results.
4. Legal protection when accused of evading mobilization.
5. Release and mitigation of liability for violation of mobilization rules.
6. Preparation of applications, appeals, requests and other necessary documents to the relevant authorities. Checking documents by a lawyer is necessary to find out which rights have been violated.
7. Support at TCC (territorial recruitment and social support center).
8. Legal assistance in registering for military service, receiving deferments and exemption from military service. A lawyer's legal opinion will ensure the correctness of the chosen method of protection of violated rights.
These services can be especially important in wartime, when the rights and legitimate interests of those who are already serving, as well as those who are only being called up for service, become especially important. Military lawyers can help ensure that the rights and interests of those involved in mobilization are properly protected, and assist in cases where difficulties or conflicts arise with military authorities or the law.
Legal service "Consultant" provides the service "lawyer's help online".
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of the situation, will ensure the representation of interests in state authorities or the court, will take part in a court hearing in any city of Ukraine. Legal protection by a lawyer is a guarantee of quality protection of your rights and interests.
