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How to get a cash allowance instead of military: new rules from the government

The Cabinet of Ministers has approved a new procedure for the payment of financial support to servicemen who have been captured, taken hostage, gone missing or interned in neutral states. Resolution No. 449 defines who is entitled to such payments and who will be deprived of them. Who can receive money instead of a soldier and how to properly fill out an application, "Komersant Ukrainian" found out

In accordance with the procedure approved by the Cabinet of Ministers, a soldier retains all payments due to him. They are made from the date of capture, internment or disappearance in favor of certain persons at their request addressed to the commander (chief, head) of the military unit (institution, organization). In other words, a serviceman may indicate who will receive his payments – parents, spouses, natural children or wards, including children with disabilities, as well as legal representatives of minor children. The list of persons is quite extensive.

Those who surrendered voluntarily or left their unit without permission will be left without money.

However, it is necessary to collect the entire required package of documents – and in each case, the list is different. All documents along with the application should be submitted in person, sent by mail or electronically (if technically possible) to the commander, supervisor or chief. He or she reviews the application and makes a decision on payment or refusal. The answer is received in writing within 15 days with an explanation of the reasons for the decision.

Grounds for refusal to pay:

• submission of an application by persons not provided for in clause 1 of the Procedure, or by those who have (acquired) citizenship of the Russian Federation or Belarus, permanently reside in the territory of these countries or have been convicted of treason, collaboration or aiding and abetting the aggressor state;
• submission of an incomplete package of documents;
• establishing the fact of voluntary surrender, unauthorized abandonment of a unit or desertion.
• In the event of a refusal, for example, due to a lack of documents, you can apply again. The refusal can also be appealed in court.

Payments are made monthly on the basis of orders issued by unit commanders in respect of:

• servicemen captured, interned or taken hostage – until the circumstances of their voluntary surrender are clarified or until the day of their release or death is recognized;
• missing persons – until the court decision on declaring a person missing or the date of death comes into force.

Payments are terminated no later than the date of removal of the serviceman from the lists of personnel. If the application is submitted before the circumstances or date of death are clarified, the funds already paid are not refunded.

No payments are made if the serviceman

• voluntarily surrendered to captivity;
• left the unit without permission or deserted;
• received the citizenship of the Russian Federation or Belarus, resides on their territory;
• convicted of treason or aiding the aggressor.

In the absence of an order, payments are divided between relatives.

Lawyer Roman Lykhachov notes that previously only the military spouse could receive the full amount and distribute it independently. Because of this, the parents of the soldiers sued when they could not reach an agreement. Now, a soldier can write a personal order and determine to whom and how much to transfer, so that the money goes to those who need it most.

The serviceman can also specify that in case of disappearance or captivity, the funds should be accumulated on his account.

In the absence of a personal order, up to 50% of the financial support is distributed among spouses, parents, children with disabilities regardless of age, and legal representatives of children. If there are no relatives or a will, relatives can receive only 20%.

The rest of the money – 50% or 80% – is kept on a special account of the unit and will be paid to the soldier upon his return. If the soldier is recognized as dead, the amount is included in the inheritance. After returning from captivity, payments to relatives stop, and the soldier himself receives all the money, explains Roman Istomin, spokesman for the Poltava Regional CCC and JV.

To receive payments, you need to apply to the CCC with an application and a full package of documents. If it is established that the soldier did not surrender voluntarily and did not desert, a positive decision can be expected.

There are nuances with real payments

Lawyer Valentyn Serov notes that everything looks clear on paper, but in practice, problems arise.

“The scheme of writing an order, in fact, a will, works only for those who voluntarily came to serve, signed a contract and had time to prepare. But those mobilized from the street often have no time for documents or orders. They are quickly sent to the front line. I was approached by the wife of a missing soldier who, as it turned out, was not even officially registered in the unit. Meanwhile, the police have repeatedly documented abuses: such soldiers continued to receive payments, and the money was used by commanders who had access to the cards. Documents are often lost. Everything looks good on paper, but in practice it’s different,” says the lawyer.

Author: Alla Dunina