Payment for a dead military man in Ukraine

Defending the homeland is not only a great honor, but also a great risk. Therefore, when the irreparable happens and the soldier dies, the family has certain guarantees from the state regarding the payment of a one-time financial assistance. Military law falls within the competence of the Prikhodko & Partners Law Firm, so we provide services in the form of consultations and legal support in such matters.

What does the law say?

With regard to payments to the families of fallen servicemen, this issue is regulated by the following legal acts:

1. Order of the Ministry of Defense №45 of January 25, 2023 “On Approval of the Procedure and Conditions for the Appointment and Payment of a One-time Financial Allowance in the Event of the Death of Servicemen of the Armed Forces of Ukraine during the Period of Martial Law”.
2. Government Resolution №168 dated February 28, 2022 “On Certain Payments to Servicemen, Privates and Commanders, Police Officers and Their Families During Martial Law”.

When advising clients, the lawyers of the Prikhodko & Partners Law Firm answer in detail questions related to the content of the above Order and Resolution. This makes it possible to find out which legal norms are relevant in a particular situation, given the circumstances of the death of a serviceman.

What is the procedure for paying compensation from the state for a fallen serviceman?

As for the procedure for paying a one-time financial assistance, it is as follows:

• At the first stage, the family receives 1/5 of the amount awarded;
• the balance of the unpaid amount (4/5) is paid on a monthly basis. The payment is made over the next 40 months.

Regarding the algorithm for processing the documents that must be submitted for the appointment and payment of a one-time allowance, a military lawyer answers all these questions in detail.

The families of the fallen servicemen listed in paragraphs 1-1-2 of the above Resolution are entitled to a one-time allowance equal to UAH 15 million.

Who are the recipients of the lump sum payment?

Such payment is distributed in equal shares among all recipients mentioned in Article 16-1 of the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families”. Exceptions to which the payment does not apply are:

• citizens of Russia and Belarus;
• Persons permanently residing in the territories of these countries;
• persons convicted of collaboration, treason or aiding and abetting the aggressor country.

Family members of the deceased who are entitled to their share of such payment are:

1. Children of the deceased serviceman. This includes not only those children born before the death of the deceased, but also those who were conceived during his or her lifetime and born after death. Adopted children are also recipients of this assistance. Finally, it is worth mentioning children in respect of whom the deceased was deprived of parental rights. They can claim their share under the same conditions as other recipients.
2. Widow or widower.
3. Parents of the deceased, if they were not deprived of parental rights at the time of the death of the serviceman. The same applies to adoptive parents.
4. Dependents of the deceased who are listed in the Law “On Pensions for Persons Discharged from Military Service and Certain Other Persons”.

There are also certain categories of recipients of a one-time allowance in connection with the death of a serviceman, whose right is not unconditional but depends on other circumstances.

For example, grandchildren can claim a share in a one-time allowance only if their parents have already died at the time of the death of the serviceman.

Another such category is a woman (or man) with whom the deceased person lived as a family, but their marriage was not registered. It is possible to receive a share in the benefit if the fact of such residence is established by a court decision that has already entered into force.

When a lawyer specializing in military law takes on such cases, he or she helps to collect a package of necessary documents and performs a representative function in interacting with authorized state bodies in all matters that do not require the client’s personal presence.