Rights and guarantees of relatives of missing and captured servicemen

20.03.2023
20.03.2023
Law Services - Rights and guarantees of relatives of missing and captured servicemen

The question of what rights and guarantees the relatives of missing and captured servicemen have is quite relevant.

Yes, military servicemen’s cash payments, namely monthly and additional cash support in the event that a serviceman is captured or missing, can be received by members of their families.

Who can get it and what needs to be done for it?

This issue is regulated by the Resolution of the Cabinet of Ministers of Ukraine dated November 30, 2016 No. 884 “On Approval of the Procedure for Payment of Financial Support to the Families of Servicemen Captured or Hostaged, as well as Interned in Neutral States or Unaccountably Absent”, as well as the Order of the Ministry of Defense of Ukraine from 07.06.2018 No. 260 “On approval of the Procedure for payment of monetary support to servicemen of the Armed Forces of Ukraine and some other persons”.

Yes, for military personnel, payments are kept in the amount of official salary at the last place of service, salary according to military rank, seniority allowance, other monthly additional types of permanent financial support and other types of financial support taking into account changes in years of service and financial support norms.

Financial aid is provided to the families of the following servicemen:
who are captured
who are hostages
interned in neutral states,
mysteriously missing.

Payment of financial support is made to the following members of families of servicemen:

the wife (husband) of a serviceman, and in their absence, adult children who live with the serviceman,
legal representatives (guardians, custodians) or adoptive parents of minor children (disabled since childhood – regardless of their age) of a serviceman (in the absence of a wife (husband),
dependents of a serviceman or parents of a serviceman (in the absence of a wife (husband) and children),
payments are divided among all those entitled to them in equal parts,
in case of a written refusal of one of the persons to pay the financial support, its share is equally distributed among other persons entitled to the payment.

What should be done?

In order to receive the payment, family members must apply in the name of the commander of the military unit.

The following are attached to the application:

copies of passport pages of adult family members with data on surname, first name and patronymic and registration of place of residence (stay);
a certificate of registration of the place of residence (stay) of family members (in the absence of such information in the passport);
a copy of the marriage certificate (if available);
copies of children’s birth certificates (if available);
a copy of the document certifying registration in the State Register of natural persons of taxpayers.

Payment of financial support to family members of military personnel is carried out in the event that the application for its payment has been received by the military unit (institution, organization):

until the day of release of servicemen captured or hostages interned in neutral states;
within three years from the date of entry into legal force of the court decision to recognize servicemen as missing or declared dead, but no later than before the date of entry into legal force of the court decision to cancel the decision to recognize them as missing or declared dead.

The commander (chief, head) of the military unit (institution, organization) reviews the submitted documents within 15 days and makes a decision on the payment or refusal to pay the financial support, which is notified to the applicant in writing.

The reasons for such refusal must be specified in the decision on refusal to pay the financial support.

The commander (chief, head) of a military unit (institution, organization) makes a decision to refuse payment in the event of:

submission of an application by persons who do not have the right to receive payments;
submission of documents not in full;
submitting an application in violation of the deadlines;
elucidation of the circumstances regarding the voluntary surrender of a serviceman into captivity, voluntary abandonment of a military unit (institution, organization), place of service or desertion in accordance with the procedure established by law.

Payment of cash support is made from the date of capture of servicemen or hostages, as well as internment in neutral countries or disappearance.

Payment of financial support is made monthly on the basis of orders of commanders (chiefs, leaders) of military units (institutions, organizations) to family members:

military personnel captured or held hostage, interned in neutral states – up to and including the day of their release;
servicemen who are unaccountably absent – until the day of entry into force of the court decision on recognizing them as unaccountably absent or declaring them dead.

Payment of financial support to family members of servicemen who voluntarily surrendered, voluntarily left military units (institutions, organizations), places of service or deserted is not carried out.