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Lawyer practicing military law. Consultations on mobilization, assistance in obtaining a deferment. Specialist in legal support of military personnel on issues of dismissal, compensation payments and transfers to another military unit. Assistance to military personnel in passing the Military Medical Commission, appealing the Military Medical Commission, writing reports and documents of any complexity.
Payments for a fallen military
The protection of the territorial integrity and sovereignty of any state is entrusted to the Armed Forces, other military formations that may suffer losses in the course of their duty. In Ukraine, the issue of payments for dead soldiers, in particular in conditions of armed conflict, is an important component of social security, which provides support to the families of fallen Heroes. Let's consider the legal aspects, as well as the registration procedure.
Legal basis for the appointment of OGD for a deceased soldier
The main legislative acts regulating the issue of payments to the families of fallen servicemen include:
- Law of Ukraine "On social and legal protection of military personnel and members of their families".
- PCMU No. 168 "Issues of certain payments to military personnel, rank-and-file and senior officers, police officers and their families during martial law" and PCMU No. 975 "On approval of the Procedure for the appointment and payment of one-time cash benefits in the event of death (death), disability or partial loss of working capacity without establishing the disability of military personnel, military conscripts and reservists who are called to training (or inspection) and special meetings or to serve in the military reserve" - specify the legal procedure for receiving OGD.
Types of payments
Payments for a deceased military serviceman include the following types of benefits:
- OGD is the main type of payments provided for by law. The amount of this paid compensation is determined on the basis of established norms and may change depending on the circumstances of the death of a serviceman (performance of duty during hostilities, peacetime, etc.).
- Pension in connection with the loss of breadwinner - is paid to the family members of the deceased serviceman (wife, children, dependents).
- Material assistance - can be provided by local self-government bodies or charitable organizations in addition to state payments.
Payment procedure
In order to receive payments, it is necessary to go through a certain document processing procedure, which includes several main stages:
- Collection of documents. The family of the deceased soldier needs to collect a package of documents
- Application submission. To obtain an OGD, it is necessary to submit an application to the relevant TCC and SP or to another authorized body that deals with payments.
- Consideration of the application. After submitting the documents and the application, the relevant authorities consider the information provided. The verification procedure can last from several weeks to several months, depending on the complexity of the case and the availability of all the necessary documents.
- Receiving payments. After the payment decision is made, the funds are transferred to the bank account indicated in the application or paid in another agreed way.
Problematic aspects
The process of receiving payments for a fallen soldier may be accompanied by certain difficulties:
- Delays in payments. Bureaucratic procedures, the imperfection of the legislative framework, as well as problems with financing can lead to delays in payments. This is especially relevant in the conditions of mass involvement of the military in hostilities, when the number of applications increases significantly.
- Lack of information. Often, the families of the victims do not have complete information about their rights and the procedure for receiving payments. This can result in them not receiving the compensation they deserve.
- Legal problems. Incorrect preparation of documents, lack of necessary certificates or wrongful refusal of payments - all these factors can complicate the process of receiving assistance.
Recommendations for the families of the victims
In order to facilitate the process of receiving payments for a fallen soldier, it is worth following several important recommendations:
- Consultations with lawyers. If possible, contact specialists who will help you collect all the necessary documents and complete the application correctly.
- Saving copies of documents. Always keep copies of submitted documents and confirmation of their receipt by the relevant authorities.
- Application status tracking. Regularly find out about the status of your application at the relevant institutions in order to be able to respond to possible problems in a timely manner.
- Search for additional support. In addition to government payments, contact charitable foundations and organizations that can provide additional assistance.
Payments for a fallen soldier are an important component of social protection for families who lost their loved ones during the defense of the state. Despite the existing legal mechanisms and the procedure for receiving such payments, the process of their registration can be complex and lengthy. However, knowing one's rights and being consistent in one's actions can significantly facilitate the receipt of appropriate compensation, which will provide the necessary support to the family during a difficult period.
We already have the experience of helping the relatives of a fallen soldier in receiving payments. You can familiarize yourself with the case at the link.
If you need help in processing the payment or the payment is delayed, contact the law firm "Prikhodko and Partners". Our lawyers will help you understand complex situations and resolve legal issues related to receiving adequate compensation. Fill out the form on our website and a lawyer will contact you shortly.
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Lawyer
Lawyer practicing military law. Consultations on mobilization, assistance in obtaining a deferment. Specialist in legal support of military personnel on issues of dismissal, compensation payments and transfers to another military unit. Assistance to military personnel in passing the Military Medical Commission, appealing the Military Medical Commission, writing reports and documents of any complexity.
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