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.
How is it regulated?
- Order of the Municipal Educational Institution No. 45 dated January 25, 2023 “About the strengthening of Order and minds, it is necessary to pay one-time penny assistance in case of death (death) of military service members of the Armed Forces of Ukraine during the war period.”
- Law of Ukraine “On social and legal protection of military servicemen and members of their families”.
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.
The transfer of “all the features” that may give rise to the right to parts of such payment established by Art. 16-1 Law of Ukraine “On social and legal protection of military servicemen and members of their families”, on today's day, to which date:
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."
In the distance, a further article is given By law No. 2489-IX dated 29.07.2022 changes made:
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).
{The law is supplemented by Article 16-1 according to the Law No. 5040-VI dated 04.07.2012; text of article 16-1 as amended by the Law No. 2489-IX dated 29.07.2022}
II. Prikintsevy regulations
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.
Accordingly to part 8 Article 16-3 Law of Ukraine “On social and legal protection of military servicemen and members of their families”:Article title: Assignment and payment of one-time penny assistance - 8. Individuals who have the right to withdraw one-time penny assistance provided by this Law can exercise it in three ways since day one they have such a right".
The amount of penny assistance.
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.
Order of the Municipal Educational Institution No. 45 dated January 25, 2023 “About the strengthening of Order and minds, it is necessary to pay one-time penny assistance in case of death (death) of military service members of the Armed Forces of Ukraine during the war period.”
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.