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Ministry of Justice of Ukraine

August 18, 2022

No. 940/38276

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of August 9, 2022 No. 484

About approval of the Procedure and conditions of payment of the one-time monetary assistance, stipulated in Item 2 resolutions of the Cabinet of Ministers of Ukraine of February 28, 2022 No. 168 "Questions of some payments to the military personnel, faces of the private and the commanding structure, to police and their families during action of warlike situation" in National guard of Ukraine

(as amended of the Order of the Ministry of Internal Affairs of Ukraine of 01.02.2023 No. 50)

According to the Law of Ukraine "About social and legal protection of the military personnel and members of their families", to Item 2-1 of the resolution of the Cabinet of Ministers of Ukraine of February 28, 2022 No. 168 "Questions of some payments to the military personnel, faces of the private and the commanding structure, to police and their families during action of warlike situation" I ORDER:

1. Approve the Procedure and conditions of payment of the one-time monetary assistance, stipulated in Item 2 resolutions of the Cabinet of Ministers of Ukraine of February 28, 2022 No. 168 "Questions of some payments to the military personnel, faces of the private and the commanding structure, to police and their families during action of warlike situation" in National guard of Ukraine which is applied.

2. Of the Ministry of Internal Affairs of Ukraine (Romanovsky V.) to provide to management of interaction with National guard of Ukraine submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

3. This order becomes effective from the date of its official publication and is applied since February 24, 2022.

4. To impose control of execution of this order on the deputy minister of internal affairs of Ukraine according to distribution of functional obligations.

Minister

D. Monastyrsky

Approved by the Order of the Ministry of Internal Affairs of Ukraine of August 9, 2022, No. 484

Procedure and conditions of payment of the one-time monetary assistance, stipulated in Item 2 resolutions of the Cabinet of Ministers of Ukraine of February 28, 2022 No. 168 "Questions of some payments to the military personnel, faces of the private and the commanding structure, to police and their families during action of warlike situation" in National guard of Ukraine

1. This Procedure and conditions determine payment of the one-time monetary assistance (further - EDD), stipulated in Item 2 resolutions of the Cabinet of Ministers of Ukraine of February 28, 2022 No. 168 "Questions of some payments to the military personnel, faces of the private and the commanding structure, to police and their families during action of warlike situation", in case of death as a result of the armed aggression during action of warlike situation of the military personnel of National guard of Ukraine (further - the military personnel), and also that which died owing to the wound (contusion, injury, injuries) sustained during action of warlike situation during protection of the Homeland, participation in fighting or ensuring implementation of actions for homeland security and defense, repulse and control of the armed aggression, being directly in areas of their maintaining (implementation), in particular in the territory of Ukraine which is temporarily occupied by the Russian Federation, in the territory between line items of forces of defense and line items of troops of the state aggressor, during implementation of the specified actions, no later than in one year after wound (contusion, injury, mutilation).

Appointment and payment of the one-time monetary assistance in case of death (death) of the military personnel in the circumstances which are not provided by the resolution of the Cabinet of Ministers of Ukraine of February 28, 2022 No. 168 "Questions of some payments to the military personnel, faces of the private and the commanding structure, to police and their families during action of warlike situation" and also in case of disability or partial disability without disability establishment by the serviceman is performed according to Procedure for appointment and payment of the one-time monetary assistance in case of death (death), disability or partial disability without establishment of disability of the military personnel, persons liable for call-up and reservists who are called on educational (or checking) and special charges or for service in war reserve, the approved resolution of the Cabinet of Ministers of Ukraine of December 25, 2013 No. 975.

2. Persons who according to article 16-1 of the Law of Ukraine "About social and legal protection of the military personnel and members of their families" have the right to one-time money allowance except citizens of the Russian Federation or the Republic of Belarus and persons who constantly live in the territories of these countries, persons who are condemned for high treason, kollaboratsionny activities, complicity to the state aggressor (further - receivers) address to body of military management of operational and territorial consolidation of National guard of Ukraine, connection, military unit, the highest military educational institution, teaching military unit (center), base, healthcare institution, organization of National guard of Ukraine (further - authorized body) in the last place of passing of military service of the died (died) serviceman or other authorized body of National guard of Ukraine determined by the commander of National guard of Ukraine to which functions of appointment and payment of EDD will be assigned, and file the following documents:

the statement of each full age family member, parents and dependents of the died serviceman during action of warlike situation who have the right to benefit, and in case of availability of juvenile and/or minor children - other of parents or guardians or custodians of children about payment of the one-time monetary assistance;

the statement from the order on exception of the died serviceman during action of warlike situation from lists of staff of authorized body;

the statement from the personal record about family composition of the serviceman.

Verified copies are enclosed to the application:

the documents testimonial of the reasons and circumstances of death (death) of the serviceman, in particular that death (death) is not connected with making of criminal or administrative offense by him or is consequence of making of actions by it in condition of alcoholic, drug, toxic intoxication or intentional causing to itself bodily harm, other harm to the health or suicide (except cases of finishing person before the suicide identified by court);

death certificates of the serviceman;

resolutions of the military-medical commission on establishment of causal relationship of death or the got wound (contusion, injury, mutilation) that entailed the death of the serviceman;

certificates of birth of the serviceman - for payment of one-time money allowance to parents of the dead;

marriage certficates - for payment of the monetary assistance to the wife (husband);

certificates of birth of the child - for payment of one-time money allowance to the child;

the documents (the corresponding pages in the presence) proving the identity of members of the family of the serviceman (the passport of the citizen of Ukraine, the temporary certificate of the citizen of Ukraine, type of permanent residence, the residence permit, the certificate of the refugee, the certificate of person who needs additional protection), and the certificate of registration of the residence (stay) (in case data on registration of the residence (stay) in such documents are not entered);

the document certifying registration of physical person in the State register of physical persons - taxpayers (except physical person which because of the religious beliefs refuses adoption of registration number of accounting card of the taxpayer according to the law);

decisions of local public administration, executive body of local council or trial on establishment of the orphan child, the child deprived of parent care, guardianship, guardianship (in case of implementation of guardianship or custody over the serviceman's children);

the judgments or notarially certified the agreement which will confirm the fact of stay of the applicant dependent on the died (dead) (persons who were not members of the family of the died (dead) provide, but were in its dependence).

In case of availability of the judgment which took legal effect concerning appointment and payment of EDD receivers who are granted and paid allowance file to authorized body the documents determined by this Item and the copy of the relevant decision of court.

3. If someone from receivers refuses receipt of EDD, its share is distributed between other receivers having the right to its obtaining.

The declaration of abandonment of receipt of EDD shall be notarially certified in the procedure established by the legislation.

4. The authorized body has the right to obtain information from the state registers concerning persons who have the right to EDD.

5. The head of authorized body in 10-day time from the date of registration of all documents submits to principal organ of military management of National guard of Ukraine (further - Head department of NSU) the conclusion about possibility of payment of EDD to family members, parents and dependents of the serviceman to which the documents determined by Item of 2 these Procedures and conditions are surely attached.

If the receiver did not give (did not direct) the documents determined by Item of 2 these Procedures and conditions, the head of authorized body informs on it the receiver.

6. The head department of NSU after receipt of the documents determined by Item of 2 these Procedures and conditions makes the decision on purpose of EDD or on refusal in its appointment, or about return of documents for completion (if documents are submitted not in full, require refining or are given not to destination) and sends such decision together with documents to authorized body for the publication of the order on payment of EDD to persons who addressed for it, and in case of refusal or return of documents for completion - for the written notice of the receiver with reasons for motives of refusal or return of documents for completion.

After decision making about purpose of EDD the Head department of NSU (in the presence of appropriate means of the government budget) makes money transfer into accounts of authorized bodies in organizations of the Public treasurer service of Ukraine.

7. EDD is paid based on the order of authorized body by money transfer into the account in organization of bank of public sector specified by the receiver in the statement.

If after purpose of EDD other persons (family members, parents and dependents of the died (dead)) address for its obtaining, the issue of distribution of the amount of such help is resolved by mutual consent of persons or judicially.

8. Payment of EDD is performed according to the procedure of priority according to date of submission of documents.

The appointed amount of OGD is paid step by step:

at the first stage - 1/5 from the appointed OGD amount;

remaining balance of outstanding amount of OGD (4/5 from the appointed amount) - monthly, shares within 40 next months.

9. After carrying out payment of EDD the statement from the order of the head of authorized body on carrying out payment certified in accordance with the established procedure goes to Head department of NSU.

10. In case of death of the serviceman during action of warlike situation who (which) on the date of death borrowed (held) position in state body, organization, the organization with leaving on military service payment of EDD is performed at the expense of means of those state bodies, organizations, the organizations to which he (she) was sent (is affiliated).

11. Appointment and payment of EDD are not performed in the cases determined by article 16-4 of the Law of Ukraine "About social and legal protection of the military personnel and members of their families".

12. The decision on refusal in purpose of EDD can be appealed in the procedure established by the legislation in court. In case of the appeal of the receiver of EDD to court the head of authorized body provides participation in judicial session of the representative of authorized body.

The head of department of interaction with National guard of Ukraine the Ministries of Internal Affairs of Ukraine

V. Romanovsky

 

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