Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.
A client, the father of a military man who died in the line of duty, contacted us.
After gathering the necessary documents, the client contacted the appropriate authority to apply for legal compensation. Instead of receiving proper advice and assistance, he encountered outright cynicism and a gross violation of his rights.
In the official’s office, where the father arrived with a folder of documents, they began to psychologically pressure him. He was told that since he hadn’t maintained close contact with his son for the past several years, he had no right to compensation. Furthermore, they even refused to accept his documents and then sent him home, in fact humiliating his dignity and devaluing his status as a father.
Violation of rights
From a legal perspective, such arguments are completely unfounded. The law contains no provisions that would make parents’ right to compensation contingent on whether they maintained a close relationship with their child prior to their death. Parents are immediate first-degree relatives and have a guaranteed right to submit documents and receive payments.
Refusing to accept documents in such a situation is a gross violation not only of procedural norms but also of basic human rights. Every application must be registered and considered on its merits. At the same time, officials took the liberty of deciding, in effect, that the father was “not worthy” of such assistance.
Contacting our company
Realizing that defending his rights on his own would be difficult, the client turned to us.
Our military lawyer, Diana Ternova, took on the case. She thoroughly analyzed the situation, reviewed all the documents, and compiled a legal basis confirming the father’s right to file the documents.
Actions of a lawyer
The first step was to prepare and submit formal complaints to higher authorities. The complaints clearly stated:
the fact of refusal to accept documents;
the illegality of the officials’ arguments;
the requirement to correct the violations and provide an opportunity to submit documents.
The result was that the client was officially informed of a specific date and time when he could return to the office and submit his compensation application. This was the first important achievement—an effective acknowledgement that the denial had been unlawful.
Legal support for receiving payments for a deceased military service member
The lawyer provided full legal support from start to finish. She oversaw every stage, monitored responses to complaints, kept the client informed of all received documents and responses to document transfers from one agency to another, and promptly responded to any delays or formal obstacles.
The deceased’s father was always kept informed of every step. It was important for him to feel he wasn’t left alone to deal with bureaucracy, and that there were specialists nearby who wouldn’t allow his rights to be devalued.
Result
As a result, all documents were accepted, payments were made, and the client received what he had a legal right.
Of course, no compensation can bring his son back. However, receiving the payments was a fair recognition of his status as the father of a deceased military service member. And if he had been denied his rights definitively, it would have been doubly unfair—both on the part of the circumstances and on the part of the state. Our client was pleased with the outcome and grateful that we restored his rights.
This case clearly demonstrates that sometimes even obvious rights must be defended in a battle with the bureaucratic system. Therefore, consulting a competent lawyer who is well-versed in the law and their field significantly increases the chances of obtaining a result and restoring justice.
You can receive a full and detailed consultation from a lawyer regarding payments for a deceased military service member by contacting a lawyer at +38 (093) 007-42-08.
We work Monday - Friday from 9:30 to 18:00. If you leave a request after 18:00 on weekdays - we will contact you the next business day starting at 9:30.
Telegram
Viber
WhatsApp
Facebook
Instagram