How can relatives of fighters get the status of a family of a fallen Defender? The lawyer explains
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Relatives of fallen military servicemen, as well as recently – volunteers, can receive the status of “families of deceased (deceased) Defenders of Ukraine”, benefits and payments. Families of fallen servicemen can claim 15 million hryvnias, and if an undocumented soldier (volunteer) died, more than 2 million. The lawyer of the law firm MORIS Rostyslav Sobotnyk explained how to get the status in both cases. “The list of categories of families of deceased (deceased) Defenders of Ukraine is defined in Article 10-1 of the Law “On the Status of War Veterans, Guarantees of Their Social Protection”. This list includes, in particular, families of deceased servicemen and deceased volunteers,” he says lawyer. Read also: “They did not hide, took their weapons and left.” The stories of the fallen volunteers of “Deimos” and “Skiper”, whose relatives have not yet received payments and status Photo: zhitomir-online The family members of the fallen Defenders of Ukraine include: parents; one of the spouses who has not remarried, regardless of whether a pension is paid to him or not; children who do not have (and did not have) their families; children who have their own families, but became persons with disabilities before reaching adulthood; children, both of whose parents are dead or missing; the dependents of the deceased or the missing person, to whom a pension is paid in connection with this. If a serviceman died To obtain the status, family members of deceased servicemen submit an application and documents to the relevant social security body in the district, city of residence. The following documents must be provided: a death certificate (copy) or notification of the death of a person; a certificate of the person’s direct participation in the measures necessary to ensure the defense of Ukraine, the protection of the safety of the population and the interests of the state in connection with the military aggression of the Russian Federation against Ukraine (appendix to the resolution of the Cabinet of Ministers No. 740 dated 23.09.2015); the resolution of the staff military medical commission of the relevant military formation, which is necessary to establish the causal relationship of diseases, wounds, contusions, traumas, and mutilations. If a volunteer died (unregistered combatant) To obtain the status, the family members of the deceased volunteers submit the following documents to the relevant body of social protection of the population: death certificate (copy); a certificate of the person’s direct participation in the measures necessary to ensure the defense of Ukraine, the protection of the safety of the population and the interests of the state in connection with the military aggression of the Russian Federation against Ukraine (appendix to the resolution of the CMU No. 740 dated 23.09.2015). To obtain this certificate, the family members of the deceased volunteers submit an application to the Ministry of Veterans to establish the fact of direct participation in the events (Annex to CMU Resolution No. 685 dated July 7, 2023) and relevant documents. These are, in particular, the following documents: a copy of the death certificate; the conclusion of the forensic medical examination certifying the fact of death as a result of injury, contusion, mutilation, disease; or copies of primary medical accounting documentation, the forms of which are approved by the Ministry of Health (medical death certificate and death certificate); a certificate on the direct participation of the deceased in measures during the period of martial law; and other documents, the list of which is specified in the resolution of the CMU No. 685 dated 07.07.2023. If there is no certificate of direct participation, submit: testimony (statement) of the commander of the unit in whose area of responsibility the deceased person was; or testimony (statements) of at least 2 witnesses who fought together with the person, about his direct participation in activities during the period of martial law. These statements must be certified by a notary public or the commander (chief) of the military unit in which the witnesses are doing military service. In the absence of a certificate, testimony and a forensic medical examination report or a copy of the primary medical records, a court decision is submitted. It must be established that the combatant really died (missing), died as a result of a wound, contusion, mutilation or disease received during direct participation in activities during the period of martial law. After reviewing the documents, the Interdepartmental Commission makes a decision to establish the fact of direct participation in defense measures, and the Ministry of Veterans Affairs issues a certificate if the commission’s decision is positive. Within a month from the date of submission of documents (by family members of both military servicemen and volunteers), the relevant social security body makes a decision on granting the status of a family member of the fallen (deceased) Defender of Ukraine. Read also: There is a collision. Is it possible to go abroad if a close relative died or disappeared during the war?
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