Procedure for payment of one-time financial assistance to families of the deceased

The key legal framework governing the issues of payments to the families of deceased military personnel is the Law of Ukraine "On Social and Legal Protection of Military Personnel", the Resolution of the Cabinet of Ministers of February 28, № 168 and the Order of the Ministry of Defense of January 25, 2023, № 45. Lawyers of the "Prikhodko & Partners" Law Firm provide clients with consulting and legal support services in this matter. This often helps to speed up the receipt of payment if there is an artificial slowdown in these processes by authorized officials responsible for its appointment and accrual.

Who is paid a one-time benefit for a deceased soldier?

The personal order of the serviceman (if any) takes priority. Such a document specifies to whom and in what proportions the specified financial assistance should be paid. At the same time, it should be known that certain circles of people have the right to assign this assistance, regardless of the content of the said order. Among them:

1. minors, underage children, adult disabled children of a military serviceman;
2. disabled widow (widower);
3. disabled parents of a deceased person.

The legislation not only establishes the right of these persons to receive funds, but also establishes the amount of payments. The payment to each of the transferred recipients must be at least 50% of their share, which would be assumed in the absence of an order.

If such an order is absent, then the right to a share in the payment is vested in a greater number of persons, namely:

• children of the deceased, including adopted children, as well as children conceived during his or her lifetime and born after his or her death (this also applies to children in respect of whom the person has been deprived of parental rights);
• the other spouse;
• the parents and adoptive parents of the person, if they have not been deprived of parental rights;
• the grandchildren of the deceased, if by the time of his or her death the children had died or had perished;
• the woman with whom the deceased lived without registering the marriage, if the fact of long-term cohabitation has been confirmed by the court;
• the dependents of such a person, as mentioned in the Law of Ukraine "On pension provision for persons dismissed from military service and certain other persons".

You should also learn more about the procedure for receiving assistance.

How is the 15 million payment made?

If we are talking about the families of deceased Ukrainian Armed Forces soldiers, then you should contact the DTCC and JV, depending on the place of registration.

As for other military formations (for example, the National Guard, the SSU, the State Border Service), you should contact these formations directly. Receiving assistance occurs in the following stages:

• the DTCC or military unit accepts the documents, certifies their copies, and then sends them no later than 7 working days to the regional (or Kyiv city) TCC for subordination;
• the regional TCC checks the documents and sends them to the Department of Social Security of the Ministry of Defense along with a conclusion on the possibility of assigning assistance;
• structural units of the Ministry of Defense and the General Staff of the Armed Forces of Ukraine process the submitted package of documents in accordance with their powers, after which they send them for consideration to the Commission of the Ministry of Defense;
• the decision made regarding assistance is communicated to the Command of the Ground Forces within 3 days to inform the TCC;
• the regional TCC makes the payment no later than 5 working days from the date of receipt of the relevant allocations. This is done by transferring funds to the bank account specified in the application by the recipient of assistance.

The one-time aid is distributed equally among all recipients. If one of them refuses his share, it is divided equally among the other family members.

Our services in the field of military law

Lawyers of the law firm "Prikhodko & Partners" can be useful in the matter of payment of one-time financial assistance and other issues in the field of military law with the following services:

Advisory assistance. High-quality consultation allows you to receive a detailed analysis of the situation from a specialist, navigate the legal norms and understand how to act.

Legal support. For example, this could be a representative function in interaction with the TCC, military units, etc.

Representation in court. If artificial complications are created in the appointment or calculation of the payment, it would be advisable to defend your rights and legitimate interests in a judicial manner. Legal support from a professional military lawyer may be appropriate on this path and significantly simplify it.

To order the above services, you can fill out the feedback form on the website. A lawyer specializing in military law will call you to have an initial consultation and discuss further terms and features of possible cooperation.