Since the 1st of 2025, important changes in the law have begun to take place in Ukraine, which the military servicemen are concerned about because they have become unsure of special circumstances. These innovations regulate the rights of the homelands of the military, the procedure for withdrawing penny security and other social guarantees.
Lawyer Alik Kerimov and the lawyers of the law office “Kerimov and Partners” will conduct a detailed analysis of the key aspects of these changes, give practical advice on legal procedures and look at the court practice of the law about the unknown unknowns of military services.
This seminar will be valuable for the home countries of the unknown military, as they look for in the complex legal diet, as well as for legal specialists who work in the field of social support military servicemen.
The procedure for paying one-time penny assistance in case of death of military servicemen during the war: What is regulated by? What are the options for payment? Who can help me? Rows of beasts. Which relatives are not entitled to OGD? Procedure for registration of OGD. Ship practice.
Registration of payments to the families of deceased military servicemen
As we already mentioned at the last seminar, this is a very difficult topic, but the realities of life require knowledgeable knowledge: how to arrange payments for a dead military serviceman.
A one-time penny allowance (hereinafter referred to as OGD) is designated and paid in the event of the death of a military service member of the Armed Forces of Ukraine during the war period, as well as the death of individuals who died as a result of injury (contusions, injuries, calcification), served in military service in the Armed Forces of Ukraine during the war period under the protection of the Fatherland, participation in combat operations or secure work from national security and defense, There are several streams of armed aggression that are constantly occurring in the areas under their control (currently), simultaneously, during the temporary occupation of the territory of Ukraine by the Russian Federation, in the territory between the positions of the defense forces and the positions of the military aggressor power during the period of significant entry, no later than one day after injury (concussion, trauma, calcification).
According to the legal norm - in case of death (death) - a one-time penny subsidy is paid in equal parts to all persons who have the right to their recognition and withdrawal, after their special application and the statement of their legal representatives.
On the beginning of a full-scale change in this category, a change was made on March 19, 2022.
Article 16-1. Individuals who may be entitled to receive one-time penny assistance
1. In the vipadahs, in the meanings of the subparagraphs 1-3 Clause 2 of Article 16 of this Law, the right to recognition and withdrawal of one-time penny assistance is granted to family members, fathers and mothers of a deceased (deceased) military service member, military conscript or reservist.
2. Family members and the fathers of a deceased (deceased) military service member, military service member or reservist are designated as Family Code of Ukraine, and in the morning - apparently until Law of Ukraine "About pension security for people retired from military service, and other people."
Article 16-1. Individuals who may be entitled to receive one-time penny assistance
1. In the vipadahs, in the meanings of the subparagraphs 1-3 Clause 2 of Article 16 of this Law, the right to recognition and withdrawal of one-time penny assistance is given to fathers, one of the friends, who have not become friends, children who have not reached the age of 18, the death of the deceased (dead). In the morning, members of the family are respected, who are entitled to a pension once they have spent their annual period of work until Law of Ukraine "About pension security for people discharged from the military service, and other people" for a deceased (deceased) military service member, conscript or reservist (person discharged from military service, the death of which came as a consequence of fate after liberation).
1. This Law gains rank from the day following the day of its publication. point 3 Section I of this Law, which comes into force from the day following the day of its publication, will come into effect on the 24th of 2022.
2. To the Cabinet of Ministers of Ukraine on the three-month anniversary of the date of accrual of authority by this Law:
bring your regulatory and legal acts into line with this Law;
to ensure that ministries and other central bodies of the British government ensure that their regulatory and legal acts are consistent with this Law.
In addition, this article contains the remaining changes, which are expanded upon the changes that came into effect on March 29, 2024:
"Article 16-1. Individuals who may be entitled to receive one-time penny assistance
1. In cases specified in subparagraphs 1-3 of paragraph 2 of Article 16 of this Law, the right to recognition and withdrawal of one-time penny assistance is granted to individuals specified in paragraph 4 of this Article.
2. For the presence of a special order, the right to recognition and withdrawal of one-time penny assistance is granted to individuals who are subject to such a special order, in the size of the portion designated in such order in hundreds.
Regardless of the special regulations, the right to recognition and withdrawal of one-time penny assistance may be granted to minors, minors, and adults, unlucky children, unlucky widows and unprofitable fathers of a dead (dead) individual in the size of 50 hundred parts, which would require each of them to pay a one-time penny for any special order.
3. In cases where there is a special order, or due to the fact that a portion of the amount of one-time penny assistance has not been saved under special orders, the right to recognition and withdrawal of one-time penny assistance (its parts) has the right to the individuals specified in paragraph 4 ceremonies, in equal parts.
4. Before members of the families of deceased (deceased) individuals, designated in subparagraphs 1-3 of paragraph 2 of Article 16 of this Law, the following must apply:
children, including those adopted, conceived during the life of a deceased (deceased) person and people after his death, as well as children, one hundred hundred of whom died (died) during his life, father's rights were abrogated;
widow (widower);
fathers (adopted) of a dead (dead) person, since they were not absolved of one hundred percent of their father’s rights, or their father’s rights were renewed at the hour of their death (death);
grandchildren of a deceased (deceased) person, if at the time of her death (death) their fathers died (died);
the woman (person) with whom she died (died), the person lived in the same family, and had not been in love with each other or in any other love, for which this fact was established by the decisions of the court, as has gained legal force;
the death of a dead (dead) individual, identified as such Law of Ukraine “About pension security for people retired from military service and other people”;
Animal line:
Individuals who have the right to claim OGD can exercise this right from the day of their guilt. The date of such right is the date of death of the individual, which is indicated on the death certificate. The right to withdraw the OGD is determined by the state on the date of death (death) of the military service member.
Families of the deceased are paid a one-time penny assistance in the amount of 15,000,000 hryvnia, which is distributed in equal parts to all survivors. 1/5 of the allocated amount is paid immediately - 3,000,000 hryvnia, and then 4/5 every month, intermittently for the next 40 months at 300,000 hryvnia every month.
Clause 1.5. In some cases, one or more individuals who have the right to withdraw the OGD, such as those who have been designated for three years since the day of guilt, they have not exercised such a right, Their parts are divided among other persons who have the right to OGD. Vidmova will be confirmed until Law of Ukraine “About notaries” and international agreements, the obligation of which is imposed by the Verkhovna Rada of Ukraine. For individuals who have the right to OGD, the payment of their portions is independent of the exercise of such rights by other individuals.1.6. As soon as it is recognized and paid OGD at a constant rate, other individuals who are entitled to it are deprived of food in order to redistribute the amount of such assistance between individuals who are entitled to it, is determined for the mutual benefit of the individual or in court order.
Here are a few notes on how to pay such payments:
“one of the friends, who is not suddenly friends” - at the time of the death of the military serviceman, the documents for payment and payment were completed within an hour, unless the person suddenly became friends; if the payment was due, but was not paid, and at this hour the people became friends - the due payment will not be spent;
"children who have not yet reached the age of 18" tell us that the other one has become friends again;
“the morning of the dead (dead)” These are those who are entitled to a pension once they have spent their annual pension until Law of Ukraine "About pension security for people retired from military service, and other people."
If you have official documents confirming your status as a father, friend, birth certificate, then you are not to blame. If the food supply is not regulated by law, then it will be blamed.
Also, let’s look at two points - “civilian whore”, “unregistered child”, “child born after the death of a military serviceman”.
Zhidno clause 1 part 2 tbsp. 3 of the Family Code of Ukraine, this family consists of individuals who live together, are bound by a long-term life, and have mutual rights and obligations.
Explained in paragraph. 2 operative parts of the decision of the Constitutional Court of Ukraine No. 5-rp/99 dated 06/03/1999 (on the official blurred term “family member”), up to the number of family members military service, police officer, special warehouse of the state fire protection belongs to your squad (person), their children and fathers. As soon as they signify the (possible) implementation of a sleeping state with the subject of the right to benefits in paying for housing and communal services, it will only stagnate in cases of legal violations.
Zhitlov's legislation also widely embraces the concept of “member of the family.” Yes, Art. 64 of the Housing Code of Ukraine, the members of the hiring family are subject to the hiring team, their children and fathers. Members of the tenant's family may recognize other individuals as they live steadily with the tenant and maintain a dominion over him.
In addition to the codification of normative legal acts, the legislator defines the concept of “family member” in other legal documents, revealing different approaches to this understanding:
Members of the family are the individuals who visit the lover; live with one family, rather than be in love with each other; Their children; individuals who are under guardianship or care; With relatives, either direct or indirect, there is a dispute over the minds of cohabitation (the Law of Ukraine “On the Prevention of Violence in the Family” dated November 15, 2001).
Members of the family are individuals who are in the care of the lover, as well as their children, including adults, fathers, individuals who are under care and nurturing, and other individuals who live together, are bound by sleeping duties, have mutual rights and obligations, including individuals who live together, but do not stay with their lover (Law of Ukraine “On ambushes and protection corruption" page 7 April 2011).
Also, a member of the family (in the family legal aspect) is a person who has a close legal connection with the family, who is subject to love, disputes, adoption, and other forms of authority Orphaned children and children who have been spared their father’s care are characterized by the complexity of life and interests, the presence of mutual rights and obligations transferred by family law.
Civilian shirts They gave the right to a OGD vipayment (a one-time penny extra help), but... Є one thing.Possibility of securely submitting documents for additional assistance (payment)until 29 June 2022 and after.
Right No. 240/5809/18 (A similar legal position is presented in the decision of the Supreme Court dated 04/17/2019 at right No. 456/1258/17. The panel of judges does not provide a basis for access to the appointed legal position).
It is noted that there are two furnishings that need to be installed:
Item 30 of the decision In this case, the judges found that:
a) positive and dead OSOBA_2 lived together;
b) positive and dead OSOBA_2 led a sleepy life and little mutual rights and obligations.
In the next category, civilian units also have the right to OGD, but the position of the department that fell within the period of changes before the changes came into force on March 29, 2024, do not have the right to OGD And it is necessary to convey the very fact of being in the morning.
I recommend not to forget about the RULE OF LAW.
Moreover, as the Law of Ukraine “On social and legal protection of military servicemen and members of their families”, having recognized changes in the part of those who have the right to compensation payments, violated the provisions of Art. 22 of the Constitution of Ukraine:
Constitutional rights and freedoms are guaranteed and cannot be interfered with.
When new laws are adopted or changes are made to existing laws, it is not allowed to interfere with natural rights and freedoms.
That’s why I, as a lawyer, respectfully respect that it is especially important to interpret the norms of the law, which would sound like whose rights have been lost to anyone.
Documents that are required to be submitted to obtain a tax return:
A copy of the applicant's passport;
Copy of RNOKPP;
Evidence about the recovery of the banking system;
A copy of the death certificate of __________ (PIB of the deceased);
A copy of the document that confirms the birth certificate (certificate of love, certificate of marriage, decision on the establishment of guardianship, marriage, court decision, which confirms the fact of the death of the deceased too bad).
A certificate of no criminal record, which can be downloaded from the Diya portal.
View of the military part:
1) knight with orders about exclusion deceased military serviceman who served in the military unit zi lists of special storage in connection with zi bell (death);
2).
3) the decision of the military-medical commission to establish the cause of death;
4) act of investigation into the circumstances of death;
5) a penny certificate and certificate about the size of the penny security;
6) evidence about military service.
7). conversion) and special fees for serving in the military reserve.
8) Evidence about the infinite fate of the combatants.
I recommend submitting copies in two examples on another obligatory note of acceptance, the application is requested by TCC representatives to submit a special application and you can apply for an application at the nearest TCC and SP, or send by postal correspondence to With a description of the deposit, you have written down each document carefully, then follow the information on the UKRPOSHTI website before the documents are picked up by the addressee.
The Department of Social Security of the Ministry of Defense of Ukraine - the Special Commission there makes a positive decision to satisfy your application and to approve your application for the first time, or there are problems with sending documents for further examination (lines of review of documents from 3 to 8 months), as a rule, 6 months are required from the date of sending documents to the Department of Regional TCC and SP.
If the Department, for any reason, has turned over the documents for additional examination, then the 6-month line will be restored in a new way.
Remark: vidmova - be it - guilty but grounded, according to the norms of the law and explained in the text so that you understand. If the decision is more positive, it will be confirmed by the Minister of Defense of Ukraine and you will deduct the indicated amount of payments through the accounts of regional TCCs upon opening your accounts with the bank for such payments.
Shipping practice according to the OGD POLTAVA DISTRICT ADMINISTRATIVE COURT on the right No. 440/3321/23
PERSON_1 contacted the Poltava District Administrative Court with a summons to the Head Office of the National Police in the Poltava Region, in which she asked:
- to recognize the illegality and seize the license of the Head Office of the National Police in the Poltava region dated 02/09/2023 about the special one-time penny assistance in case of death policeman during the military period before the sniper inspector of platoon No. 2 of company No. 1 of the BPSPOP "Poltava" GUNP in the Poltava region, police lieutenant OSOBA_2;
- request the Head Office of the National Police of the Poltava Region to recognize a one-time penny assistance to PERSONAL_1 in the event of the death of a police officer during the war, transferred by paragraph 2 of the resolution To the Cabinet of Ministers of Ukraine dated 02/28/2022 No. 168 "Provision of payments to military servicemen, privates and commanders, police officers and their families during the war period."
The whole lot is primed with the fact that, apparently, having violated the rights of the positive worker to withdraw a proportional part of the one-time penny assistance as a result of the death of his son-policeman under the hour of the military camp, transferred to paragraph 2 of the resolution of the Cabinet of Ministers of Ukraine No. 168. OSOBA_1 appreciates that the statement incorrectly classifies the death of OSOBA_2 as one that occurred during the period of his service under the hour of the cessation of service equipment, fragments OSOBA_2 died not just when the introduction of service obligations, and current approaches to ensuring national security and defense, including the streamlined armed aggression of the Russian Federation against Ukraine, strengthening the security of objects critical infrastructure.
Based on the systemic analysis of the provisions of Law No. 580-VIII, Resolution No. 168 and Order No. 376, the Supreme Court, in Resolution No. 440/3321/24 dated March 29, 2024, formulated the following legal framework:
provisions that indicate the guilt of the right of members of the family of a dead policeman to a one-time penny assistance, in the amount established by paragraph 2 of Resolution No. 168, e:
-the death of a policeman during the war;
- the death of the policeman came at the hour of the death of the Batkivshchyna, his direct participation in military operations, and the safe progress of national security and defense, in other words, and streaming aggressive aggression (functional sign);
- the death of the policeman came at the hour of the 2nd military operation in the areas where the commanded entry (Viconnian actions) was taking place, near the Russian Federation’s immediate occupation of the territory of Ukraine, in the territory between the positions of the defense forces and positions of the military aggressor power (not exhaustive) (territorial sign).
In this case, coming from the replacement of Resolution No. 168, it is necessary to delimit the concepts in the areas of their implementation (development), which, on the one hand, is consistent with the legal structure with such functional signs as in the hour of the protection of the Fatherland, its direct participation in military operations and the secure development of national security and defense, such as the flow of armed aggression Interrelation with the entered entries (Viconnian action), on the other hand, it joins in the equal world with the skin bordered by such a sign forming an independent sufficient element that can serve as a criterion for the significant situation at the time of death policeman, for example, in the area of active visits from police and the flow of violent aggression, and this concept in areas of military (combat) operations, which is confirmed by the law in another paragraph 1 Resolution No. 168 at the union with such functional signs, such as direct participation in combat operations and the security of national security and defense, and the flow of armed aggression, indicating that those whose skin with functional minds for this category of individuals may function exclusively in the area where military (combat) operations are taking place, and not in the area where the military entry is taking place;
The death of the policeman occurred during the period of special visits. This furnishing is an additional one-hour of the same front two, indicating, on one side, for an hour's interval of one-hour the victorious function (entry, actions) and the presence in the place of such a victorious event, with Other on the continuity of the connection between the functional and territorial sign in the clock world.
When specified, the conditions behind their species may become obstructive in a variable appearance consistent with their species.
in order to establish the presence of guilt among the members of the family of the lost police officer of the right to a one-time penny assistance, in accordance with paragraph 2 of Resolution No. 168, in each specific case, it will be required to re-insure the general environment, close specification and reliability of the police officers at the time of their death until: a) the end of the Batkivshchyna; b) combat actions; c) aspects of national security and defense; d) various streams of violent aggression, as well as the established reversal of the place (district) and time (period) of the actions taken.
Great chance for judges to take the side of family members of dead policemen and firemen.
Reduction of rights to reclaim OGD after the death of a deceased family member.
Article 1227 of the Central Committee of Ukraine: The right to receive wages, pensions, scholarships, alimony, and other social payments that were due to the seller
1. The amount of wages, pensions, stipends, alimony, helped in dealing with time-consuming unavailability, in connection with calcium or other health care, etc. Social payments, which were due to the sellers, other than the living expenses, are transferred to the members of his family, and, if they are involved, go to the salvage warehouse.
This article allows family members or survivors to refuse material payments, which have already become the main right of the survivor
Key point: If these sums were collected and not paid, the stench is transmitted:
- To us in front of the members of the family (posture using the spasmodic procedure).
- As there are no members of the family, the stench becomes part of the infernal decline and goes before the descendants of the law and the commandment.
By virtue of Article 1219 of the Central Committee of Ukraine: The rights and obligations of an individual not to enter the warehouse of the slaughter:
1. Do not enter the warehouse of rights and obligations that are inextricably linked with the special property of the seller, the guardian:
1) special non-maintenance rights;
2) the right to participate in partnerships and the right to membership in associations of communities, which is not otherwise established by law or their statutory documents;
3) the right to treatment for illness, calcium or other health care;
4) rights to alimony, pension, assistance or other payments established by law;
5) rights and obligations of an individual as a creditor or debtor, transfer Article 608 this Code.
Key point: These rights and obligations begin at the moment of death of the individual and cannot be transferred to others.
How to understand the interconnections of these articles
- Article 1219 establishes that the rights that are inextricably linked with a person shall not pass into decree. For example, since the pension or assistance is small, it is paid to the deceased in the future, and the rights are assigned after his death.
- Article 1227, however, to collect guilt for penny sums that were already collected and not paid to the bailiff for living. The stench can be transmitted to family members or family members.
Butt for quick reasoning
- I have lost my right to a pension. If this pension has already been assessed, but not paid before his death, it is transferred to the members of the family (Article 1227).
- Since the deceased has the right to future payment of pensions or assistance that has not yet been paid, This right applies to the death of an individual (Article 1219).
Visnovok
Article 1219 establishes the boundaries of exclusive rights, including special rights that are inextricably linked with a particular one.
Article 1227 clarifies and allows for the release of material rights, since they were already legally registered (instituted) before the death of the owner.
Valuation of rights to OGD:
- OGD is a social payment, which falls under the illegal category of mining rights. If the money was assigned (arranged) to the mother, but was not paid before her death, the right to withdraw this amount passes to the mother’s deceased estate under Article 1227 of the Central Bank of Ukraine.
- Since the decision about the payment of OGD has not yet been praised, it creates legal insignificance, since without such a decision the right is not respected, and the settlement may be complicated.
2. Reduction of rights to compensation:
- According to Article 1230 of the Central Bank of Ukraine, the right to withdrawal of compensation (for example, OGD), which could have belonged to the living allowance, is transferred to the allowance, as it is transferred by law and was formed until the moment of death.
3. The problem of shading in the praised solution:
- Since the mother dies before the decision on the payment of OGD is confirmed, this complicates the decline, since the OGD has not yet formally become a mine right, so it is possible to settle down.
- In such situations, it is necessary to initiate further legal actions, for example, including my position and thought, I repeat my position as a lawyer, not everyone can agree with it and have their right to complete the procedure recognition of the OGD through the court or to punish the inactivity of the TCC and the regional department.
So, as soon as the mother was able to submit the documents, the decision of the Ministry of Defense (or another competent authority) regarding the payment of the OGD was praised until her death. In this case, these coins become a mine right, which is reduced to the status of 1227 CCU.
If the decision was not approved until the time of death, the daughter can be disqualified from the food in the court order, relying on those that the OGD has a compensation right and may be transferred to the deceased under Article 1230 of the Central Bank of Ukraine.
OGD is a form of compensation payment (social assistance) provided by special laws (for example, the Law “On Social and Legal Protection of Military Services and Members of Their Families”
If the right to payment of OGD has not been formalized, then the taxpayers will have to sue Vidmova in court, and part 4 of Article 1230 may be argued as an additional argument. With such rights, it is important to point out that OGD is a compensatory right, since it is not a fault to suffer through the death of the victim.
What payments are made as of today are subject to the requirements of the law:
DEATH IS NOT ON THE BATTLEFIELD – WHAT YOU NEED TO KNOW FOR EARLIER SERVANTS
In the course of fixing the fact of death of the military service, the most important thing is to establish a connection with the military service.
Thus, the death may be associated with:
protector of Batkivshchyna;
for military service;
women undergoing military service.
The above-mentioned formula contains not only the posthumous status of the fighter, but also the obligation of benefits and payment for the homeland of the deceased military man.
1.Death in the middle of a battle - this death is associated with the protection of the Batkivshchyna, a one-time penny assistance in the amount of 15,000,000 hryvnia is paid, which is distributed in equal parts to otrimuvachiv.
2. The death (death) of a soldier, who perished (died), while stationed on the territory of a military unit, with the commander’s dismissal, in the service squad, then the death is associated with the obligatory duties of the military service or as a result of illness associated with his retirement from military service, or the death of an individual released from military service, following his release from military service service, as if death came in the end injuries, concussions, calcification, illness associated with military service obligations.
Subject to paragraph 1, paragraph a), part 1, Article 16-2 Law of Ukraine “On social and legal protection of military servicemen and members of their families”: 750 times the subsistence minimum, established by law for working persons on the 1st day of the calendar year, - in case of death (death) of a military service member, military conscript or reservist in cases of illness assigned to subparagraph 1 paragraph 2 of Article 16 of this Law (deaths (deaths) of the military service during the time of the end of military service or as a result of illness associated with the end of the military service military service, or the death of an individual released from military service, the death of an individual released from military service will continue to occur after his or her release from military service, since death resulted from injury, concussion, calcification, sickness, tied to the Vikonanny obligatory military service)
3. A soldier who died outside the military unit, during working hours and during the day, is a sign of the commander’s order, and this death is associated with military service.
Subject to paragraph 2, paragraph a), part 1, ctattoo 16-2 Law of Ukraine “On social and legal protection of military servicemen and members of their families”: amount of one-time penny assistance: 1. One-time penny assistance is recognized and paid in the amount: 500 times the minimum subsistence minimum, established by law for persons of special interest on the 1st day of the calendar year, - in cases of death (death) of a military service member, a military service member or a reservist in cases assigned to subparagraphs 2-3 Clause 2 of Article 16 of this Law (the death of a military service member that occurred during the period of his military service or as a result of illness or accident that occurred during the period of his military service service, or the death of an individual released from military service, extends to fate after release from military service, since death resulted from injury, contusion, calcification, illness, unfortunate fate, tied up with military service women;).
Important! Signs of completing the military service are insignificant differences, but the results are completely different.
Members of the family of a deceased military serviceman have the right to get acquainted with the results of the commission’s activities, remove documentation (including remotely), demand evidence and threaten the restoration service.
It is important to understand that, unfortunately, there are consequences when incorrect service regulations are installed, the results of which lead to the subsequent establishment of smaller payments to the families of fallen soldiers, and it is especially important for them to control the correctness of regulations and formulations applicants of a killed fighter.
As soon as a notification came from the TCC and SP, the Secretary of State was in anonymity for special people, it is necessary:
IMPORTANT: do not disseminate and do not publish on social media the information of the Zahisnik in the military form, the location of the remaining place of his transfer (discovery), the number of the military unit. Such actions can cause harm to Zakhisnik in the event of a sudden overhaul or complete loss.
Submit an Application about the sound of an individual, any unknown situation in special circumstances to the territorial authority of the National Police of Ukraine.
The application is requested to provide the applicant with as much information as possible regarding the Zahisnik and his appointment - all details regarding the place of work, special features (tattoos, scars, piercings, etc.), speeches, what kind of things you can get from yourself (mobile phone, documents, embellishments) etc. Zakhisnik’s closest relative may also create biological samples to update DNA profiles.
A statement about the sound of an individual, the unknown for special circumstances can be filed by contacting the territorial police department or by calling 102 (ceiling).
After 24 years of filing an application for recognition (subject to Art. 60 CCP of Ukraine) it is necessary to remove the wire from the ЄРДР, where the PIB of the next one will be indicated on the right.
The information recorded in the application about the sound of an individual who is unknown due to special circumstances is added to the Unified Register of Individuals who are unknown due to special circumstances.
And subsequently, after submitting information to the ЄРДР, they will be released from the application of the MINISTRY OF INTERNAL AFFAIRS OF UKRAINE MANAGEMENT OF NUTRITION OSIB, HAPPENING TO INDEPENDENCE FOR SPECIAL CIRCUMSTANCES (SECRETARIAT UPPOSITED FOR THE NUTRITION OF PEOPLE WHO HAVE BEEN INCORRECTED FOR SPECIAL CIRCUMSTANCES) and to remove the title from the Unified Register of Individuals who have become unknown for special circumstances.
Return from application to The State Enterprise “UKRAINIAN NATIONAL CENTER FOR RESEARCH OF THE WORLD”, which is the ultimate function of the National Information Bureau, extends to the Geneva Conventions on military service and protection of the civilian population during the hour of war to remove the entry from the register of defencists of Ukraine who are in the population of the aggressor power, so that the availability of information is as long as the presence in the population of the Zahisnik.
Submit an application for release (I recommend using a lawyer) to the act of service investigation and materials of service investigation to the military unit or the TCC and SP for the fact of the known absence of the military service for special circumstances.
Documents required by the motherland of unknown deceased/dead persons
Notification In the territorial center, staffing and social support are provided.
Vityag from the Unified Register of Pre-trial Investigations - the following is reported after the brutality of the statement about the discovery of Zakhisnik and the discovery of criminal activity.
Vityag from the Unified Register of Individuals who have become unknown for special circumstances - looks like the Office of Nutrition for Special Situations (Secretariat of the Supervised Nutrition for Special Situations) of the Ministry of Internal Affairs of Ukraine. To remove the item, it is necessary to send copies of documents to confirm the particular stage of the dispute with the particular person. Please send mail to the address Kiev, st. Bogomoletsya, 10, Ministry of Internal Affairs of Ukraine, or via email [email protected].
Confirmation of the right to use pilgasfamily members of military servicemenwho perished (died) and disappeared into obscurity during the course of their military service.
The basis for the type of confirmation is a document that confirms the fact of death (death) or the loss of anonymity of the military service, as seen by the territorial center of recruitment and social support. This is a territorial center for staffing and social support for the place of residence of a family member. For children - after reaching the 7th century.
Sheet of the Coordination Headquarters for the Promotion of Military Pollenies, the National Information Bureau, which is assigned to the Center for Coordination of the Investigation and Investigation of the Illegal Removal of Personnel from the Armed Forces aggression of the Russian Federation at the Security Service of Ukraine from confirmation of the appearance of a new/captured individual in the Register of Defensists of Ukraine, who are in the presence of the aggressor power, or the inclusion of an individual before the appearance of the army's captured enemies.
Please note that the inclusion of an individual in the register or form does not provide official confirmation of its status as a full individual. International humanitarian law is officially confirmed the transfer of individuals from the population may be removed from the aggressor power through the Russian NIB mediated by the International Committee of the Red Cross. At this time, Russia undertakes to preserve the individual’s life for an hour of napping in fullness and to ensure the freedom of the individual, the rights granted by the Geneva Conventions.
Pension after spending a year's salary for the absence of those who have died for special circumstances in Zahisniki:
who, how and if can be removed
The legislation provides social protection to military and civilian family members who are unaccounted for in special circumstances.
This is regulated by:
By law of Ukraine “About the legal status of individuals who have fallen into obscurity due to special circumstances”;
By law of Ukraine “About the foreign state pension insurance”;
The procedure for submitting and processing documents for the recognition (rearrangement) of pensions is consistent with the Law of Ukraine “On Foreign Pension Insurance”,
hardening Resolution of the Board of the Pension Fund of Ukraine on November 25, 2005 No. 22-1, registered with the Ministry of Justice of Ukraine on April 27, 2005 under No. 1566/11846.
To apply for a qualified pension, you must pay up to territorial body of the Pension Fund of Ukraine or through the web portal of electronic services of the Pension Fund of Ukraine using a qualified electronic signature or the BankID electronic system (with this option, scanned copies of original documents are provided before the application) recognition of a pension upon the loss of a year's salary for the absence of those who died during the war.
From the station to the station. 9 Law “About the foreign state pension insurance”Vor pension payments and social services are transferred: 3) pension in connection with the loss of the annual salary.
Accordingly to stattoo 10. The right to choose pension payments: 1. Individuals who are simultaneously entitled to different types of pensions (beyond age, due to disability, due to the loss of an annual salary), one of these types of pensions is assigned to them by choice.
Accordingly to stattoo 46 To the law “About the foreign state pension insurance”: Payment of pensions for the last hour: 1. The accrued amount of pensions for which the pensioner has the right to be paid, unless immediately waived from the blame, shall be paid for the last hour, and not more than three days before the day of payment after recovery. pensions. In many cases, part of the amount of the remaining pension, or not more than for 12 months, is paid immediately, and the rest of the amount is paid in equal parts, so as not to exceed the monthly amount of the pension.
2. The accrued amount of pensions, not withdrawn from the fault of the body that recognizes and pays the pension, is paid for the last hour without any exchange with the accrued compensation for the loss of part of the income. Compensation for the loss of part of the pension in connection with broken lines of payments to pensioners is subject to law.
Right to pension recognitionupon expiration of the year, it will appear one month from the day the information about the unknown person was entered to the unified police department.
The pension can be withdrawn:
children of the new age until the age of 18;
children from 18 to 23 years of age, who begin the daily form of education, until the end of education;
orphans under the age of 23, regardless of the fact of birth;
a person or a squad, fathers, as they are people with disabilities or have reached retirement age;
a man or a friend, and in each case - one of the fathers or brothers and sisters, the grandfather and grandmother of the one-year-old, regardless of age and success, as they do not work and look after the child of the one-year-old until her reach is 8 rocks;
fathers and men or squads, who were not in the morning of the unknown obscurity, but in the wake of its death, they spent a lot of money before going to bed.
To claim your pension you must:
A package of documents must be kept in order to determine which relatives will apply for a pension:
Application for pension recognition.
A certificate about the people of children.
Certificate about whores.
Certificate about the birth of a new unknown (at the option of filing an application by fathers/brothers, sisters).
Identification code of the child and passport, code, military receipt, work book, registration-vityag, like the father’s i-d passport (for obviousness).
Evidence about the family's warehouse of unknown obscurity.
Documents about place of residence (registrations).
Vitya from the Unified Register of Pre-trial Investigations or from the Unified Register of Individuals Unknown for Special Circumstances.
Proceedings from the management process, so as not to deduct other payments
Evidence about the family's warehouse
The pension is assigned for the period during which the person maintains the legal status of an individual who has fallen into oblivion due to special circumstances. Varto note that the pension is assigned independently of the triviality of the insurance period of an individual who has died due to special circumstances.
Payment of the pension is applied from the day following the day of entry to the Unified Register of Pre-trial Investigations or to the Unified Register of Persons Known for Special Circumstances, notes about the establishment of medical treatment, burial place or locality of the remains of an individual, unknown or unknown for special circumstances.
The death of an individual, who has been given the legal status of an individual, who has fallen into obscurity due to special circumstances and who has died in accordance with the procedure established by law, gives the unborn members of the family of such an individual the right to a donation for the withdrawal of a pension from their relationship. wasting a year's salary on the legal bases, subject to the Law of Ukraine “On foreign pension insurance”.
Pension payment takes place over the course of an entire hour, during which time each person is immersed in a certain obscurity. Then, until the Unified Register of Persons Known for Special Situations, a note has been made about the established place of relocation, place of burial, and place of discovery of the remains of the unknown person.
It should be noted that the pension upon the expiration of a year's salary for the ill-fated relatives of the deceased is recognized independently of the insurance period of the deceased individual.
Payment for the absence of an unknown military officer:
In accordance with Part 6 of Article 9 of the Law of Ukraine “On Social and Legal Protection of Military Servicemen and Members of Their Families”, payments are saved for military servicemen who have become unaccounted for and transferred to:
For military services, buried in full or guards, as well as interned in neutral powers or without weight every day, payments in the amount of the daily salary for the remaining place of service are saved, salary for military ranks, bonuses for long service, other common additional types of penny security of a stable nature and other types of penny security with the regulation of changes in the service of fatalities and standards of penny security. Families of designated military servicemen are paid monthly a penny security, including additional and other types of penny security, in order and in sizes that are established by the Cabinet of Ministers of Ukraine.
This clause does not apply to military servicemen who voluntarily surrendered, voluntarily deprived of military units (place of service), or deserted from the Armed Forces of Ukraine, other establishments This is consistent with the laws of Ukraine, military formations and law enforcement agencies.
Also given by the law, Part 6 of Article 9 of the Law of Ukraine “On Social and Legal Protection of Military Service Members and Members of Their Families”, it is passed that:
The penny's security is paid such family members of military servicemen:
squad (person), and at any time - to children of full age who live with her (him), or legal representatives (opikuns, pikluvalniks) and usinovlyuvachs minor children (individuals with disabilities from childhood - regardless of their age), as well as individuals who are in the morning military service, or to the fathers of military servicemen in equal parts, as military servicemen do not spend time with their whores and do not care for their children.
Payment of a penny security to these family members will continue until the situation of military servicemen being buried is completely cleared up. or guards, interning of military services or their release, or recognition of them in accordance with the procedure established by law weightless and dead. In all cases, the payment of a penny security will be completed no later than the day the military service is removed from the lists of the special warehouse of the military unit.
To get to the viplats:
Permanent salary - based on the remaining position of service.
Salary for military ranks.
Allowances for long service.
Other common additional types of penny security.
So, in practical terms, payments for the unknown include both a penny security and an additional vineyard in the amount of 100 thousand hryvnia. This nutrition is regulated by regulatory legal acts, zocrema:
The procedure for paying penny security to the families of military servicemen who were buried in full or by guarantors, as well as interned in neutral powers or without weight - was confirmed by the Decree of the 30th November 2016, date No. 884.
Resolution of the Cabinet of Ministers “Provision of payments to military servicemen, privates and commanders, police officers and their families during the war” – dated 28 February 2022, No. 168.
The procedure for the current payment of penny security is paid to family members from the moment the military service member is unknown. To withdraw payments, you must submit an application in the name of the commander of the military unit and add the following documents to it:
Copies of the sides of the passport of full-time family members.
Proof of registration of place of residence, as this information does not fit in the passport.
A copy of the certificate of love.
Copies of birth certificates for children.
A copy of the RNOCPP (registration number of the tax payer's cloud card).
This procedure requires careful consideration and will ensure material support for these families of military servicemen who have fallen into obscurity.
It is clear that before the Cabinet of Ministers Resolution No. 168, members of the family of military servicemen, who fell into oblivion due to special circumstances or were completely exhausted, are entitled to additional wine in the amount of 100 thousand hryvnias throughout the entire The military serviceman stays in full force until his status is changed.
Payments will be made in response to the punishment of commanders of military units. Payments are made if there are any exclusions from the list of special warehouse parts.
The criminal record of military services for the SZCh during the war period and in military minds was transferred to Part 5 of Article 407 of the Criminal Code of Ukraine:
“The self-imposed deprivation of the military unit or the place of service as a military serviceman, as well as his failure to immediately report for service without important reasons, due to a combat situation, and so the very same things are trivial for three reasons, offenses committed in the minds of a military camp,” are punishable by the reduction of freedom for lines ranging from five to ten fates.”
Unauthorized deprivation of the military unit or the place of service by a military serviceman of the military service, as well as his failure to report immediately without good reason to serve in any unit, recognized or transferred, failure to report from reconscription, allowances or from a personal deposit trivalist up to three dibs - to draw an arrest from the morning at the guardhouse for lines up to ten dibs.
Activity, transfer partly first These statutes, committed by special authorities, which have been subject to administrative penalties for such violations, will result in an arrest for the morning in the guardhouse for lines ranging from seven to fifteen days.
Self-deprivation of the military unit or the place of service as a military service member (except for the military military service), as well as military conscripts and reservists during the hour of training, as well as failure to report at times, without important reasons, for military service at any time, recognition or transfer, failure to resign, release or from a personal bond, up to ten dibs., - attract a fine of five hundred to one thousand for non-compliance with the minimum income of the population, or arrest for arrest in the guardhouse for up to ten days.
Activity, transfer parts first or third These are the statistics that started in the minds of a special period, in addition to the war period, - attract a fine of one to two thousand non-compliant minimum incomes of citizens or arrest from the morning in the guardhouse for lines from ten to fifteen days.
In the minds of a military camp or a combat situation, these are the conditions that require responsibility for the SZCh.
Pleased with the accused party
Until January 27, 2023, it was allowed to plead with the accused party, after which it was already protected by law and only this category of reference is subject to high courts.
Particularly, as a lawyer, I am concerned with this category of incriminated crimes and divide them into three groups of military servicemen, such as the SZCh
Military servicemen who were killed under the provocation of the SZCh.
Military servicemen who were lost to the SZCh in circumstances beyond their control (they ended up in a hospital, or force majeure circumstances).
The military service actually went to the SZCh.
What parallel problems may arise from criminal legislation in the case of the military serviceman not being victorious under the law?
From the station to the station. 413 CC of Ukraine the waste of the military lane transfers:
1. Waste or transfer of armor, ammunition, transfer equipment, technical supply items or other military equipment for service purposes due to violation of the rules for their conservation -
3. Actions, transferred in part to the first statistic, carried out in the minds of a military camp or in a combat situation, -
punishable by liberation of liberty for lines from two to five rocks.
Also, similar to Art. 263 of the CC of Ukraine illegally carrying out harvesting, ammunition supplies or vibukhov rivers:
1. Carrying, storing, dressing, transferring or transferring fire-fighting armor (smooth-bore ammunition), ammunition supplies, vibukhovoy chevrons or vibukhovy devices without permission granted by law -
are punishable by reduction of liberty for lines ranging from three to seven fates.
2. Carrying, preparing, repairing or manufacturing daggers, Finnish knives, brass knuckles or other cold steel without permission granted by law -
punishable by a fine of one thousand to four thousand of non-compliant minimum incomes of citizens or by large robots for lines from one hundred twenty to two hundred and forty years, or by arrest for lines from three to six months, or by reducing the will for lines from two to five rocks, or by reducing the will for lines up to three rocks.
3. Does not subject to criminal liability for actions, transfers partly first or another This article is about a person who voluntarily donated ammunition, military supplies, Vibukh speeches and Vibukh devices to the authorities.
What is the military situation and combat situation?
The military regime is a special legal regime that will be introduced in Ukraine and other localities in case of violent aggression. The military establishment on the entire territory of Ukraine was introduced by Decree of the President of Ukraine No. 64/2022 from 05 to 30 February 24, 2022.
The combat situation is not the situation of offensive, defensive or other military, tank, anti-aircraft, wind, naval or naval combat, or the immediate stagnation of military armor and equipment of a hundred-strong military enemy or military adversary.
The situation of the battle, in which the military unit, unit (ship) or division takes part, begins and ends with the order to enter the battle (completion of the battle) or with the actual start (completion) of the battle.
Viyskova part vzagali - this is a typical organizational unit that is located on a local staff and is used to determine the assignments independently or at the warehouse of the organizational structure of the main level. Military units also include military command and control bodies, military units, military ships (crews), military bases and installations.
However, this situation is due to respect territory of the military part, the boundaries of which may not be designated as a fence, but are definitely designated by order of the unit commander with their illustration on the plan (diagram).
Place of service, since he cannot avoid the dismantling of the military unit, no matter what the place, the military service member may, at the appointed time, finish his military obligations and continue to do so until ordered give permission to the boss.
What is so self-deprived and failure to report immediately for duty (SZCh)
The self-righteous person is also deprived of a part or place of service that was performed without the permission (order) of the superior (commander), who, according to the law, allowed such to be given.
Not respected by those who are self-righteous: deprivation for the obvious permission of the commander, deprivation for the commander’s order, redeployment, transfer to a new military unit, relocation, relocation/rotation, release, initiation, etc. In any case, the most important positions may be confirmed by duly executed documents or confirmed by the commander.
Failure to show up for service immediately results in the fact that the military service member has been deprived of the lawful order of retrenchment of the part and the place of service does not return to the designated time for the further removal of the military part, and itself: does not return from discharge. parts, redeployments, releases or from rejoicing without important reasons to parts or for service in establishing lines. Varto points out that not showing up for duty right away does not in itself create evil in the warehouse. Only for the absence of important reasons, a warehouse of evil goods is formed.
Important reasons for not reporting to duty immediately could be illness, which prevents drying, natural disasters and other emergency situations, which are the reasons for the delay in confirming the confirmation of documents. Important reasons for delays from release may include untransmitted illness in the military service, fire or natural disasters that occurred in the family, military service, death or serious illness members of your family or especially, having been trained in certain wines. Nutrition, when important reasons are evident, occurs in a specific skin condition arising from medical conditions.
Thus, if the commander has information (evidence) about the reasons for the absence or non-reporting, the military service forces the commander to inform his command about this fact and notify the VSP body.
Dii command has occasionally revealed self-deprivation
About self-destruction of the military unit (SZCh) or the place of service by military servicemen, absence from service without important reasons, failure to report from duty, release, pledge of health protection, in case of recognition or transfer to a new one At the time of service, the commander (chief) of the military unit informs his immediate commander and informs the head of the VSP body promptly until the moment he becomes aware of the fact of destruction. After the oral report and confirmation, the commander draws his hand and submits a written report.
At the end of the day, the SZCh will collect the operational chergovy (chergovy) of the military unit, immediately from the moment the fact is established, he informs the commander of the military unit and informs the operational chergovy body of the VSP.
The commander of the request to live up to the delay of the criminal offense committed or immediately after the commission of a criminal offense related to the self-imposed redundancy of the military unit or place of service, From the urgent delivery of the concerned person to an authorized official, or make visits to the urgent notification of an authorized official about the detained and local presence of an individual who is suspected of committing an act. signs of criminal offence.
One of these approaches is the investigation service.
Service investigations are carried out to determine illegal actions, the stage of blame for the military service, reasons and minds.
Service investigation is authorized by a written order from the commander. Investigation service may be in progress completed within a month from the day of recognition. The results of the official investigation are followed by a service investigation act.
Inheritance of entering information about SZCh before ЄРДР
Restriction by the military part of the notification of entering information about the commission of a criminal offense to the Unified Register of Pre-trial Investigations of the pre-trial investigation authorities is a basis for:
exclusion of the military service from the list of special warehouses of the military unit;
harvesting from plantings;
substitution of payment for a penny's security;
suppression of food, speech and other types of security.
transferred to the order of the commander of the military unit;
The punishment of punishment and the punishment of criminal conduct:
This is not the only situation when the command simply has no information about the reason for the military service’s absence. But in reality he ends his battle duty and finds himself in the bath.
That military serviceman is very careful, as soon as he is able to show up, inform him about the reasons for his absence, or perhaps in a letter.
For the discovery of important reasons and compelling evidence, the military serviceman can also discredit the order of the command or initiate a pre-trial investigation and resume at the posad.
A very important factor in the closure of criminal activities is Article 426 of the Criminal Code of Ukraine.the effectiveness of the military government
1. We understand the non-commitment of criminal offenses that are committed by criminal offenses, and the non-direction by a military service officer to the pre-trial investigation body of information about the criminal offenses that have committed criminal offenses, as well as others The wisely unconquered military service special action, as it was guilty of vacancy for its service obligations, as this caused great disgrace, -
are punishable by a fine of one thousand to four thousand for non-compliance with the minimum income of the population, either for service reductions for lines up to two years, or for liberties for lines up to three years.
2. Those very actions, as the stench caused heavy consequences, -
are punishable by reduction of liberty for lines ranging from three to seven fates.
3. Actions transferred in parts to the first or other stats, committed in the minds of a special period, in addition to the war period, -
are punishable by reduction of liberty for lines ranging from five to seven fates.
4. Actions, transferred in parts to the first or other statistics, which are carried out in the minds of a military camp or in a combat situation, -
are punishable by reduction of liberty for lines ranging from seven to ten years.
And also article 426-1. Reassignment of the military service special owner to the service members with greater importance
1. Transfer of the military service special authority and service members to a higher level of importance, so that wisely performed actions that clearly go beyond the boundaries of the rights granted to this person are of equal importance, in addition to the transfer of some other status, as These actions have caused a real mischief, -
is punishable by reduction of will for lines from two to five rocks or reduction of will for that same line.
2. The stagnation of non-statutory approaches in the influx of lightly or the transfer of disciplinary power, as these actions have caused a real harm, as well as the stagnation of violence in a sparse manner -
are punishable by reduction of liberty for lines ranging from three to seven fates.
3. Actions transferred in part to another state, caused by stagnation of waste, as well as actions transferred in parts to one or another state, because the stench caused serious consequences, -
are punishable by reduction of liberty for lines ranging from five to nine years.
4. Actions transferred in parts to the first, second or third statistic, beginning in the minds of a special period, in addition to the war period, -
are punishable by reduction of liberty for lines ranging from seven to ten years.
5. Actions transferred in parts to the first, second or third statistic, carried out in the minds of a military camp or in a combat situation, -
are punishable by reduction of liberty for lines ranging from eight to twelve years.
Release from criminal liability for great minds
Having gained rank the Law of Ukraine dated September 20, 2024. No. 3902-IX, what a new one Part 5 of Art. 401 The Criminal Code of Ukraine establishes that a person who, during the war period, first committed criminal offenses, is transferred to Art. 407, 408 whose Code may be supplemented with criminal liability in the manner provided by the criminal procedural legislation of Ukraine, since he voluntarily surrendered from the troubles to the investigator, the prosecutor, the court about We intend to return to this or another military unit or to the place of service to continue military service and for the evidence of a letter from the commander (chief) of the military unit (installation) to continue military service such a special military services.
Amendments to the Criminal Procedural Code of Ukraine stipulate that:
– when there is evidence of a frame for release from a criminal record, transferred Part 5 of Art. 401 According to the Criminal Code of Ukraine, the prosecutor or the court is also obliged to reject a letter from the commander (chief) of a military unit (installation) about the possibility of continuing military service for such suspected or accused persons (paragraph 2 of part 2 of article 286 CPC of Ukraine);
- before the prosecutor's troubles, the prosecutor is to blame buti dodan letter year of an individual for release from criminal liability, and in various cases of criminal liability, transferred Part 5 of Art. 401 Criminal Code of Ukraine - a letter from the commander (chief) of a military unit (installation) about the possibility of continuing suspected military service (paragraph 11, part 1, article 287 CPC of Ukraine);
– once the court has closed a criminal offense and released a suspect charged with a criminal offense from the order transferred Part 5 of Art. 401 According to the Criminal Code of Ukraine, the court, with its praise, requires that after such praise has gained legal force, it is easy to renew a retired person in the military service and a retired person no later than 72 years of age requires you to arrive at your active military unit or place of duty to continue your military service (paragraph 2, part 3, article 288 CPC of Ukraine).
Changes made before Art. 616 whose Code Art. 24 Law of Ukraine “On Military Obligation and Military Service”.
Nevikonannya Nakazu
The criminal record of military servicemen for UNVIOLATED PUNISHMENT before the war began and in the military minds part 4 of Article 402 of the Criminal Code of Ukraine was transferred, so that it is disobedient:
1. Disobedience, so that Vidmova will defy the boss’s order, and also otherwise wisely disobey the order, -
is punishable by service deductions of up to two fates, or trimmings of the disciplinary battalion by up to two fates, or reduction of liberty for up to three fates.
4. Disobedience, committed in the minds of a military camp or in a combat situation, is punishable by a reduction of freedom for lines ranging from five to ten fates.
Note. Under the combat situation in Section XIX of this Code, it is necessary to understand the situation of offensive, defensive and other military, tank, anti-aircraft, wind, naval and naval combat, so that the immediate stagnation of the military armor and technology of the 100-year-old military enemy or the military enemy. The situation of the battle, in which the military unit, part (ship) or division takes part, begins and ends with the order to enter the battle (completion of the battle) or with the actual start (completion) of the battle.
The object of evil є the procedure for issuing punishments in the military formations of Ukraine. In addition, criminals are respected by the military, because they commit acts against the established order of military service, leaving behind statutes of the Armed Forces of Ukraine all military service looming to shamelessly defy all punishments commander (boss), obviously evil.
Subject of evil This is a military service member (or military service during the time of collection), who will submit to the boss, who has given the order.
The objective side of evil can be characterized by two forms: vikrta vidmova vyconati order of the boss; Otherwise, it is wiser to not violate the order.
The subjective side of evil characterized by by reason: either directly for the first form, directly or indirectly for the other forms, causing mischief. The motive for qualification is not important.
At Art. 17210Code of Ukraine on administrative offenses overdue administrative department for “discrimination against the lawful vindication of the commander (chief)”, however, the criteria for this kind of insubordination against disobedience in the law are different.
The order is to respect form of implementation of government functions, organizational and administrative or administrative-state obligations of the military service person, instead of which it is direct, obligatory for the victorious retribution of the boss about commission or incompetence, we will facilitate the singing actions in the service.
The order must be specific, it is impossible to see how the insubordination of illegal duties of service (as found in statutes, instructions, etc.) is inappropriate. The order may be legal and will be carried out in accordance with the law.
Criminal liability for failure to comply with an obviously malicious order (given by an unknown person, in an improper order, an order that goes beyond the authority of the boss, in its place violates the constitutional rights and freedoms of the individual and the citizen or in compliance with other legislation). However, since a military service member cleverly imposes an obviously malicious order, he contributes to criminal liability yak accomplice responsible military service evildoer. Some of the subjective side of the evil is characterized by intent, it is clear that it was not intended to be an illegal punishment, because the formulations were unclear, unconscious, allowing for extra confusion.
Military leaders There are military servicemen who are assigned to their assigned military servicemen to establish new assignments, subordinates, and have the right to give them punishment, order, and stagnate them. disciplinary power. They separate the chiefs behind the posad and the chiefs behind the military ranks. In times of military service that are not ordered one by one (as their service assignments are not assigned by the commander), the chief is respected by the senior in charge, and the senior in charge of the equities is respected by the commander military ranks. A military serviceman, who is responsible for one military formation, can be a superior for a military serviceman, who is responsible for another military formation, as the first is the superior for the ranks; they are going to complete their military service, and the first one was appointed chief; They smell a lot about the military service. The military servicemen are obliged to impose punishments on their direct superiors or those who may be their superiors behind the designated subordinates.
Vidkrita Vidmova viconic order The boss conveys the obviousness of the defendant’s statement about his negligence, viconnate the order or otherwise demonstratively yo his negligence. Another wise, unconventional order lies in the fact that the order is accepted before the execution, but is not actually completed (this is reflected in actions that are prohibited from working by the order; in illegal actions, which are consistent with the order the culprits were to obey;
Depending on the form of insubordination, it is considered completed from the moment of viconnation, the order of the superior (first form) or from the moment of his actual non-viconation.
How to properly pass the VLK (Military Medical Commission) and how to deal with problems arising from decisions? In this video we take a detailed look at the procedure for undergoing VLK, zocrema, what documents are needed, how to prepare, and what to do in the end, since the decision of VLK does not control you. Problems often arise with the deduction of payment for injuries or illnesses, so it is important to know your rights and possible legal options.
How is it possible to discredit the decision of the VLK? Find out what legal mechanisms exist to protect the rights of military servicemen and veterans and how to effectively pursue them. We also need to consult a lawyer or a lawyer in the VLK sphere to help you secure your rights.
Wider problems that arise on VLK:
Vidmova recognized the injury and illness as a basis for payments. Incorrectly assigned level of failure. Number of required medical documents. In the video we will look at the algorithm of action for withdrawing payments for injuries and illnesses, as well as how to prepare all the necessary documents for the successful passage of the commission. Our experts explain in detail what to do in a skin situation.
Protecting the rights of veterans and military personnel is our mission. Do you need advice from a lawyer or lawyer in the area of VLK? Deprive yourself of the commentary, and we'll be sure.
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What documents are necessary for the preparation of the act. Who has the right to sign the act? How and where to submit a document to obtain assistance or confirm the inspection. Any important details should be secured upon checkout. Subscribe to the channel and like it if the information is good!
In this video, you will learn how to easily and quickly check yourself for enforcement proceedings via the Internet. We will look at step-by-step instructions on how to do this via the official website.
In this video, the assistant to the lawyer Goncharov, Valeria, talks about a new possible case for the reduction of penniless security for the military service from the military unit. For an hour of staying in the hospital for sickness, the military service member received compensation in the amount of 30,000 UAH per month. Also, the case has been allocated funds for legal assistance from a lawyer. Learn more about important legal aspects and how to secure your rights in this video!
In this video, lawyer Kerimov Alik will talk about the defense strategy under Article 407 of the Criminal Code of Ukraine, namely about a serviceman who, after being transferred to another unit, was not sent to the VLK and, due to his inability to perform military service duties due to his health, was provoked to the SZCh and the materials of the official investigation were transferred to law enforcement agencies. As a result of the effectively built defense position, the prosecutor had to cancel the notice of suspicion and close the criminal case.
