Payment for a missing soldier: legal advice

In accordance with part six of Article 9 of the Law of Ukraine “On Social and Legal Protection of Servicemen and Their Family Members”, payments for servicemen who have gone missing have been preserved. Such payments include:

1. Position salary – determined by the last place of service.
2. Salary by military rank.
3. Allowances for years of service.
4. Other monthly additional types of financial support.

Material support in such cases is provided to the families of missing servicemen, and this issue is regulated by relevant resolutions of the Cabinet of Ministers of Ukraine.

An exception to the rules

Not all cases of disappearance are subject to this legal norm. In particular, exceptions are cases when a serviceman:

1. Voluntarily surrendered.
2. Voluntarily left a military unit or place of service.
3. Deserted.

In such cases, payments to families are not provided.

Cash security and additional remuneration

In practical terms, payments for a missing person include both monetary support and an additional reward in the amount of 100,000 hryvnias. This issue is regulated by normative legal acts, in particular:

1. The procedure for payment of financial support to the families of servicemen captured or held hostage, as well as interned in neutral states or missing – approved by Government Resolution No. 884 of November 30, 2016.
2. Resolution of the Cabinet of Ministers “Issues of certain payments to military personnel, rank-and-file and senior officers, police officers and their families during martial law” – No. 168 dated February 28, 2022.

Who receives payments

Payments for a missing serviceman can be received by:

1. Wife or husband. In the absence of a spouse, payments go to adult children living with the spouse.
2. Legal representatives. They include guardians, custodians or adopters of minor children or disabled since childhood, regardless of age.
3. Dependents military serviceman
4. Parentsif the serviceman is not married and has no children.

If one of the persons entitled to receive the benefits refuses them, their share shall be equally distributed among the other persons entitled to these benefits.

Payment procedure

Financial support is paid to family members from the moment the serviceman goes missing. To receive payments, it is necessary to submit an application in the name of the commander of the military unit and attach the following documents to it:

1. Copies of passport pages adult family members.
2. Certificate of residence registrationif this information is not contained in the passport.
3. A copy of the marriage certificate.
4. Copies of children’s birth certificates.
5. Copy of RNOKPP (registration number of the taxpayer’s account card).

This procedure is quite carefully thought out and provides material support to the families of missing servicemen.

Other important aspects

According to Cabinet Resolution No. 168, family members of servicemen who went missing under special circumstances or were captured are entitled to an additional reward in the amount of 100,000 hryvnias for the entire time the serviceman is in captivity or until his status changes.

Payments are made monthly based on the orders of commanders of military units. Payments are stopped when the missing serviceman is removed from the personnel lists of the unit.

Lawyer Kyiv

The legal company “Persha Pravova Dopomoga” specializes in military law and offers its own services of a lawyer. Qualified military lawyer Kyiv will help effectively resolve all legal issues related to receiving payments for a missing serviceman.

The company’s lawyers offer relief military lawyer online for freepreparation of necessary documents and legal support.

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