Receiving Compensation for a Deceased Military Servicemember through the Court

After losing a loved one who died while performing military duties, the issue of receiving compensation can become an important and complex stage. In Ukraine, there are normative legal acts that regulate the procedure for providing material assistance and compensation to the families of deceased military servicemembers.

The process of receiving compensation may include several stages: from collecting the necessary documents and submitting an application to the court to obtaining a final decision. Despite existing legal norms, the practical implementation of this process is often accompanied by various difficulties and legal nuances. Therefore, it is important to know how to act correctly to ensure your right to compensation and receive proper assistance.

The Importance of Compensation for the Families of Deceased Military Servicemembers

Compensation for the families of deceased military servicemembers is significant as it fulfills several important functions. Firstly, it provides financial support to families who have lost their main breadwinner, helping to cover daily expenses and compensate for the loss of income. Secondly, this compensation is a symbol of recognition of the heroism and sacrifice of the deceased, which holds important moral significance for the family and helps them cope with the loss.

In addition, compensation covers funeral expenses and other costs related to the loss, including medical and legal services. It also contributes to social stability by providing support to the families of the deceased during the period of adaptation to new living conditions. Legal support is also important, as the process of obtaining compensation can be complex, and access to legal assistance can significantly simplify this process, ensuring the correct documentation and proper receipt of assistance.

Legal Framework and Key Provisions on Compensation

The rights and social guarantees for war veterans and their family members, including compensation for the death of military servicemembers, are regulated by the Law of Ukraine “On the Status of War Veterans and Guarantees of Their Social Protection,” the Law of Ukraine “On Social and Legal Protection of Military Servicemembers and Their Family Members,” Cabinet of Ministers Resolution No. 168 dated February 28, 2022, and Law of Ukraine No. 3515-IX.

Who is Entitled to Receive Compensation?

According to Law of Ukraine No. 3515-IX, the right to receive compensation is granted to:

• Families of deceased military servicemembers. These are relatives who are heirs of the deceased and have the right to receive a one-time monetary assistance.
• Persons who were dependents of the deceased. These can be minor children, a spouse, parents, or other relatives who were dependents of the deceased and may claim assistance.

The Amount and Procedure of Payments

Currently, the state pays two amounts to the families of deceased warriors:

• 15 million UAH. Paid to the families of deceased military servicemembers who died while performing their duties in combat conditions or as a result of combat operations.
• 2.15 million UAH. Paid to the families of military servicemembers who died due to non-combat circumstances, such as accidents or other reasons not directly related to combat actions.

To receive payments, the relatives of the deceased must submit an application for compensation to the relevant authorities, usually the Ministry of Defense of Ukraine or other authorized structures. The application is reviewed by the authorized bodies, which verify the submitted documents and determine the right to receive compensation. The review process may include checking the circumstances of the death and the documents’ compliance. After confirming the right to compensation, social protection bodies or the Ministry of Defense make the payment of the established amount. The payment can be made as a lump sum or in several stages, depending on specific conditions and procedures.

Required Documents for Receiving Compensation

The basic package includes the following documents:

• Official application indicating the details of the deceased and the applicant, as well as details about the circumstances of the death.
• Death certificate of the military servicemember.
• Documents confirming family ties: birth certificates of the deceased’s children, marriage certificate.
• Documents confirming the status of the deceased: military ID or other documents confirming service and circumstances of death (orders, certificates from military units).
• Passport or other document confirming the applicant’s place of residence.
• Bank account details for the compensation payment.
• Family composition certificate.
• Copies of receipts or invoices confirming funeral expenses or other expenses related to the death.

Application Procedure

The procedure for submitting an application for compensation by the families of deceased military servicemembers includes several main stages:

1. Preparation of documents. Gather all necessary documents, such as the application, death certificate, documents confirming family ties, status of the deceased, family composition certificate, and bank account details.
2. Filling out the application. It should contain information about the deceased, the applicant, the circumstances of the death, as well as bank account details for the compensation payment.
3. Submission of the application. Submit the application along with all collected documents to the relevant authority. This can be the Ministry of Defense of Ukraine, social protection bodies, or other authorized structures, depending on your place of residence and conditions.
4. Registration of the application. After submitting the application, it will be registered by the authority responsible for its review. You should be provided with confirmation of receipt of the documents.

The authority reviewing the application checks the submitted documents and the circumstances of the death. Additional checks or requests for confirmation may be conducted. After a positive review of the application, the authority makes the compensation payment according to the established amounts and conditions. Usually, the payment is made to the specified bank account. After the compensation payment, you will receive the relevant documents confirming the receipt of funds.

Reasons for Denial of Compensation, Which May Be Grounds for Judicial Appeal

Grounds for judicial appeal may include the following reasons:

• incomplete or incorrectly filled documents;
• incorrect information about the circumstances of the military servicemember’s death;
• lack of right to compensation;
• violation of the deadlines for submitting documents;
• non-compliance with payment criteria (e.g., death in non-combat conditions, when compensation is not provided).

Handling Disputed Situations When It Is Necessary to Prove the Dependence on the Deceased (Common-law Wives, Stepchildren, etc.)

If it is necessary to prove the dependence on the deceased by persons not officially registered as family members (common-law wives, stepchildren, etc.), it is important to follow specific steps for proper consideration of disputed situations. Here is how it can be done:

• Collect documents confirming dependence. Gather documents confirming financial support from the deceased, such as bank transfers, payment receipts, material assistance agreements. Obtain written testimonies from third parties who can confirm the fact of dependence, such as testimonies from neighbors, friends, or colleagues of the deceased. Prepare documents confirming cohabitation, such as rental or ownership agreements, joint utility bills.
• Documentary confirmation of dependent status. For stepchildren, it is possible to obtain marriage certificates of the parents, adoption documents, or confirmation of guardianship. If there are official certificates confirming the person’s status as a dependent of the deceased, provide them along with the application.
• Official confirmation from social protection bodies. Request certificates or confirmations from social protection bodies or other authorized authorities confirming your status as a dependent and financial support from the deceased.

Execution of the Court Decision

The court decision usually determines specific amounts of compensation for each of the lawful recipients. The compensation must be distributed according to the established shares and proportions. The compensation payment is made within the time frame specified by the court decision. Usually, this is determined by the deadlines indicated in the court decision or national legislation.

If new claimants (additional persons) appear after the initial distribution of compensation, it is necessary to submit the relevant documents and an application to the court or the authorities making the payments for redistribution of the compensation. The court or the authorities making the payments will review the new applications and, if necessary, make adjustments to the distribution of the compensation.

Possible Court Decisions and Their Consequences

The court may decide in favor of the plaintiff, confirming the right to receive compensation. In this case, the compensation must be paid according to the court decision. After the compensation payment, questions about adjusting the payments may arise if new data appear.

If the court denies the claim, the compensation will not be paid. The plaintiff has the right to appeal, that is, to file a complaint against the court decision to a higher instance for reconsideration of the case.

The court may partially satisfy the claim, for example, awarding a smaller amount of compensation than claimed. In this case, the plaintiff may appeal the partial decision if they believe the compensation amount does not comply with the law.

The law firm Dextra Law specializes in comprehensive legal support for court cases, including appealing compensation decisions. Our experienced lawyers will support you at all stages of the legal process: from preparing documents to representing your interests in court. We will help gather all necessary evidence, correctly file the application, and effectively fight for your rights in court. Do not delay – protect your rights with Dextra Law!