What is the payment for a missing soldier?

The first paragraph of Part 6 of Article 9 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Members of Their Families" regulates in detail what material support remains for missing servicemen. In particular, it states that the following payments are saved:

• official salary (it is tied to the last place of service);
• salary by military rank;
• allowances provided for seniority;
• other monthly additional types of financial support.

This material support is provided to the families of missing soldiers. The order and amounts of all payments are regulated by the Cabinet of Ministers.

Who is not entitled to payment under these legal regulations?

There are a number of cases to which the described legal norm does not apply. These include situations when:

• the serviceman voluntarily surrendered;
• he voluntarily left the military unit or place of service;
• the serviceman deserted.

These are the specifics of the specified rule of law.

Cash security in numbers

If we talk about the practical level of the described norm regarding the financial support of the military, then it is about both the financial support and the additional reward in the amount of 100 thousand hryvnias. Important legal acts that regulate this issue are:

• "The procedure for payment of monetary support to the families of servicemen captured or held hostage, as well as interned in neutral states or missing". The document was approved by Government Resolution № 884 of November 30, 2016.
• Cabinet Resolution № 168 dated February 28, 2022 "Issues of certain payments to military personnel, rank and file officers, police officers and their families during martial law".

It is also important to address the issue of which family members are paid these funds. So this is:

• wife (husband), and in case of her (his) absence, adult children living with her (him);
• legal representatives (guardians, custodians) or adoptive parents of minor children (disabled since childhood - regardless of their age);
• dependents of military personnel;
• parents (in equal shares) if servicemen are not married and have no children.

If one of the persons who has the right to receive payments has refused it in writing, his share is evenly distributed among other persons who have the right to receive these payments.

What is the procedure for making payments for missing servicemen?

From the day when the missing soldier disappeared, financial support is paid to the family members mentioned above. It is necessary to write a statement in the name of the commander of the military unit.

The following documents should be attached to the application:

• copies of passport pages of adult family members;
• certificate of residence registration (it is required if the passport does not contain this information);
• a copy of the marriage certificate;
• copies of children's birth certificates;
• copy of RNOKPP.

Thus, the procedure for making such payments to the families of missing soldiers is sufficiently carefully thought out.

What else do you need to know on this topic?

Cabinet Resolution № 168, which was mentioned above, clearly establishes the right of family members of servicemen who have gone missing under special circumstances, or prisoners, to receive an additional reward in the amount of 100,000 during the entire time that the serviceman is in captivity or until his status as missing not changed to another.

Payments are made every month. The basis for them is the corresponding orders of the commanders of military units to the family members of servicemen.

It is also important to know that the payment is provided no later than the day when the missing serviceman is excluded from the personnel lists of the Military base.

How can we be useful?

Lawyers of the "Prikhodko & Partners" law firm specialize in the field of military law, so they know how to help their clients effectively. Speaking in terms of the described topic, we offer services in the form of consulting assistance and legal support for the preparation of all necessary documents.

Fill out the form on our website and our lawyer will contact you in the near future and advise you on the issue of payments for a missing person, as well as, if necessary, you can order a lawyer to accompany your question.