Payment to families of missing persons

When a serviceman goes missing, the state takes on the responsibility of providing for his family and providing them with the necessary social guarantees. If you need advice or legal support on issues related to payments to families of missing persons, you can order the relevant services from the specialists of our team. The lawyers of the law firm "Prikhodko and Partners" regularly work in the field of military law and monitor all current legislative updates.

How much is paid to the relatives of a missing serviceman?

To begin with, it is worth considering who is entitled to receive the corresponding payment. So, these are the following persons:

• those whom the serviceman himself indicated in his personal disposition (if the disposition does not include a 100 percent distribution, then the undistributed share in this case is left to the serviceman himself);
• the second spouse, children (minors and adults with childhood disabilities), parents (except for those deprived of parental rights);
• in the absence of the persons mentioned in the first two points, adult children, as well as siblings (payments are made in equal amounts and total up to 20 percent of the financial support).

Thus, the legislative norms establish a list of persons who are entitled to receive financial support for a missing serviceman.

Regulatory and legal framework

If we talk about the regulatory and legal acts that regulate this issue, the key ones will be:

• Resolution of the Cabinet of Ministers of Ukraine “On the issue of certain payments to military personnel, rank and file and command personnel, police officers and their families during martial law” No. 168 dated February 28, 2022;
• Law of Ukraine “On social and legal protection of military personnel and members of their families”;
• “Procedure for payment of monetary support to military personnel captured or held hostage, as well as interned in neutral states or missing” (the regulatory and legal act was approved by Resolution of the Cabinet of Ministers No. 884 dated November 30, 2016).

To apply for the appropriate payments, you need to write an application addressed to the commander of the military unit (or a military organization or institution - depending on the place where the serviceman served).

The methods of submitting the application can be as follows:

• in person in writing;
• in electronic form;
• to the postal address.

When the commander of the military unit considers the application, he makes a decision on making payments or refusing. If the decision is positive, payments are credited to the bank card details specified in the application on a monthly basis.

What benefits are provided to the relatives of missing servicemen?

The categories of persons mentioned above are entitled to the following benefits in the context of social protection:

• a pension in connection with the loss of a breadwinner;
• the right to preferential or free rehabilitation in sanatoriums;
• the right to free use of public transport;
• discounts on utility bills;
• the right to enter universities without competition.

In addition to the listed benefits and opportunities, additional benefits may be established by local governments.

What else is worth knowing about payments to families of missing persons?

How can our help be useful?

Lawyers in the field of military law, working at the law firm "Prikhodko and Partners", provide clients with advisory services. For example, in the event that you are faced with a refusal, we carefully analyze the situation and investigate the grounds on which you were refused. If this was groundless, we can offer support in appealing such a decision of the commander of the HF.

As practice shows, the most effective format for an appeal is an appeal to the administrative court. If payments are unjustifiably delayed or terminated, we can offer assistance in the form of submitting legal requests and relevant applications. According to the norms of the law, authorized persons must respond to such a request in a fairly short time. Therefore, this will speed up the movement towards the desired result.

To order the services of a military law specialist, fill out the feedback form on our website. After that, a lawyer with the appropriate specialization will call you to talk in the mode of an initial consultation.