Payment for a dead military man

Who Is Entitled to the Payment

The categories of persons entitled to receive a one-time financial assistance payment are defined by Article 16-1 of the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families”. The family members of a deceased serviceman who may qualify for such assistance include:

• children, including adopted children, as well as children conceived during the serviceman’s lifetime and born after his death;
• a wife (husband);
• parents (adoptive parents), provided that they were not deprived of parental rights in respect of the deceased serviceman or that such rights had been restored by the time of his death;
• grandchildren of the deceased serviceman, provided that their parents had also died by the date of the serviceman’s death;
• a woman (man) who lived with the serviceman as one family without registered marriage, provided that this fact has been established by a court decision that has entered into legal force;
• other dependants of the deceased serviceman who are entitled to a survivor’s pension.

If the serviceman left a personal disposition regarding the distribution of the assistance, it determines the shares of the recipients. At the same time, minor children, underage children, disabled adult children, a disabled widow (widower), and disabled parents are entitled to their statutory share regardless of the contents of such disposition. In the absence of a disposition, the assistance is distributed in equal shares among all persons entitled to receive it.

Since the status of each applicant — such as dependency, cohabitation as one family, or preservation of parental rights — must be confirmed by documents or, in certain cases, through court proceedings, disputes and refusals most often arise precisely at this stage.

Benefits of Working with Prikhodko & Partners

• Extensive experience in assisting clients with obtaining one-time financial assistance.
• An individual approach to the terms of cooperation: the scope of work and format of legal support are tailored to the specific circumstances of the family rather than based on a standard template.
• Confidentiality at every stage of working with documents concerning the death of a serviceman and the personal data of family members.
• Legal protection of the client’s interests: verification of the completeness of the document package before submission in order to minimise the risk of the case being returned for revision or the application being refused.

What Documents Are Required

The basic package of documents for applying for one-time financial assistance includes:

1. an application for the granting and payment of financial assistance;
2. an identity document of the applicant and a document confirming the taxpayer registration number;
3. the serviceman’s death certificate;
4. a document confirming the family relationship with the deceased serviceman: a marriage certificate, the child’s birth certificate, or the deceased serviceman’s birth certificate;
5. a document confirming dependency on the deceased serviceman — for dependants;
6. consent to the processing of personal data;
7. a certificate concerning criminal liability and the presence or absence of a criminal record;
8. where applicable, a court decision establishing the fact of cohabitation as one family, guardianship over an orphaned child, or a notarised waiver by another recipient of his or her share.

The causal link between the serviceman’s death and the performance of military service duties is confirmed by documents issued by the military unit, a certificate from the Military Medical Commission, and other required documents. The absence of any document or inaccuracies in the documentation are common reasons for delays in the consideration of the case.

Application Procedure and Time Limits

If the deceased serviceman served in the Armed Forces of Ukraine, family members submit an application and the required package of documents to the district or city Territorial Recruitment and Social Support Centre (TRSSC), regardless of their registered place of residence. The district or city TRSSC certifies copies of the documents and, no later than within 7 working days, forwards them to the regional or Kyiv City TRSSC. The latter verifies the completeness of the documents, determines the persons who have confirmed their entitlement to the assistance, and forwards its conclusion to the Department of Social Security of the Ministry of Defence of Ukraine, which decides whether to grant the payment, refuse it, or return the documents for revision.

The right to receive the assistance may be exercised within three years from the date on which such right arose, namely the date of death indicated in the death certificate. The procedure and time limits for processing the documents at each stage are established by Order № 45 of the Ministry of Defence of Ukraine dated 25 January 2023 “On Approval of the Procedure and Conditions for Granting and Paying One-Time Financial Assistance in the Event of the Death of Servicemen of the Armed Forces of Ukraine during Martial Law”, adopted pursuant to paragraph 2 of Resolution № 168 of the Cabinet of Ministers of Ukraine dated 28 February 2022.

If the deceased serviceman served in the State Border Guard Service of Ukraine or the National Guard of Ukraine, the procedure for submitting documents is somewhat different.

Refusal or Delay of Payment

The most common grounds for disputes are usually related not to the entitlement to assistance itself, but to documentary confirmation: discrepancies in personal data, an incomplete package of documents, the absence of a confirmed causal link between the death and the performance of military service duties, or submission of documents to the wrong authority. In some cases, the authority returns the case for revision rather than issuing a final refusal. In such circumstances, correcting the deficiencies and resubmitting the documents may allow the case to proceed further.

If a formal refusal has been issued and the applicant considers it unjustified, it may be challenged through administrative proceedings by filing a claim with an administrative court seeking recognition of the decision as unlawful and an obligation to grant the payment. Judicial protection may also be required to establish facts that the authority itself is not empowered to establish, including the fact of living together as one family without registered marriage.

Assistance of a Lawyer

A lawyer checks the completeness and accuracy of the document package before submission, prepares applications and supporting documents taking into account the requirements of the relevant Territorial Recruitment and Social Support Centre (TRSSC), communicates with military authorities regarding requests for missing documents, and represents the family’s interests in the event of an appeal against a refusal. This helps reduce the number of cases returned for revision and ensures a timely response to inaction by the relevant authority.

Stages of Cooperation with a Lawyer

Cost of Legal Services

The cost depends on the complexity of the case, the scope of work required (consultation, preparation of documents, or full legal representation), the number of parties involved in the dispute, and whether court proceedings are necessary. The final fee is agreed individually after an initial assessment of the situation.

Conclusion

It should be kept in mind that the information provided above does not replace an individual legal consultation and does not guarantee a specific outcome. Each case has its own circumstances that should be assessed separately.

If you need an assessment of your specific situation, contact the lawyers at Prikhodko & Partners for a consultation.