Lawyer
Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.
Recognition of a serviceman as dead
Recognizing a serviceman as deceased is a rather complicated procedure in the legal plane, which is regulated by a wide range of normative legal acts. Let’s consider this legislation in more detail and touch upon the areas of services of military lawyers working in the law firm “Prikhodko & Partners”.
The current legal framework governing this issue
So, you should pay attention to the following codes, laws and regulations:
- Civil Code of Ukraine. Articles 46–47 deal with the procedure for declaring a person dead or missing. They contain the rules of substantive law;
- Civil Procedure Code of Ukraine. Articles 293, 305–309 deal with separate proceedings and the procedure for considering an application. These are the rules of procedural law, that is, those that indicate how the process will take place;
- Law of Ukraine “On the legal status of persons missing in action under special circumstances”;
- Law of Ukraine “On state registration of civil status acts”;
- Rules for state registration of civil status acts (Order of the Ministry of Justice № 52/5 of October 18, 2000);
- Resolution of the Cabinet of Ministers of Ukraine № 168 of February 28, 2022, which deals with one-time financial assistance in the event of the death of a serviceman.
As can be seen from this list, the range of legal acts that regulate the procedure for recognizing a military man as dead is quite broad.
What legal concepts should you know?
If we talk about the key terminology that is relevant in this topic, it is as follows:
- “a deceased serviceman” is a person whose death has been confirmed in combat/service;
- “missing” is a serviceman whose whereabouts are unknown;
- “declaration of death” is a legal procedure that is carried out through the court in cases where the body has not been found or there is no confirmation of death;
- “missing in action” is a person whose status is regulated by a special law and requires inclusion in the Unified Register.
These concepts are important for understanding the legal status of a person.
Who can apply and what is the procedure?
Among the persons who can apply to the court to have a serviceman declared dead are:
- relatives (wife/husband, children, parents);
- legal representatives of the serviceman;
- other interested persons (for example, heirs).
Receiving a message about the death of a serviceman occurs by sending his relatives a form of notification of the military unit according to Appendix 31 to the Instruction of the Ministry of Defense. The next steps are appeals to the military unit, social protection agencies and the Ministry of Defense.
Peculiarities of recognition of death through the court
The first stage involves filing an application with the court at the applicant’s place of residence. The application must indicate all the circumstances on the basis of which the soldier must be declared dead. It is also important to add evidence confirming this fact. The evidence base is extremely important so that the court understands that the person has actually died.
The case is considered in a separate proceeding. The final stage of the consideration is the court’s decision to declare the person dead.
As for the subsequent registration of the death of the soldier, the applicant must apply with the court decision to the State Civil Registry Authority, which will issue a death certificate.
Current timeframes for consideration of the case
As for the timeframes for consideration of such cases, they are as follows:
- as a general rule – after 3 years of absence of information about the military (this is provided for in Article 46 of the Civil Code);
- for military personnel missing during military operations, the period may be reduced (6 months).
The court process lasts from 1 to 3 months, depending on the workload.
Consequences of recognizing a serviceman as dead
Among such consequences in the legal plane, the following should be noted:
- obtaining a death certificate;
- the emergence of the right of inheritance for heirs;
- payment of a one-time cash benefit of up to 15 million hryvnia;
- social guarantees that are available to family members of deceased military personnel (for example, a pension in connection with the loss of a breadwinner and other benefits).
To receive all the listed benefits and legal guarantees, you must properly go through the procedure of recognizing a serviceman as deceased in court.
Potential complications during the procedure
Some of the most common difficulties may include:
- lack of documents from a military unit;
- the presence of a soldier’s body in occupied territory;
- discrepancies in testimony;
- appeal of the decision by other persons.
By filling out the feedback form on the website, you can order the services of a lawyer who specializes in military law. During the initial consultation, the further format of cooperation will be discussed.
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Has more than 6 months passed since the serviceman's disappearance?
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Is it possible to get a consultation online if it is not possible to come to the office?
Of course. We provide consultations both online and in the office. Online consultation is possible in any convenient way for the client. It can be a video call through a convenient messenger or a video conference format.
Is it possible to sign a contract with a attorney/lawyer and then apply if necessary?
Yes, we practice such service. You can sign a contract with our company and, if necessary, you can use our services. This will save your time in the case of an emergency application, when the help of a lawyer or lawyer is urgently needed.
Do you work only in Kyiv or throughout Ukraine?
Our office is located in Kyiv, but our lawyers and lawyers protect the interests of clients throughout Ukraine. So if you need the physical presence of a lawyer or lawyer in your case – we can provide it.
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