Despite the war, daily shelling and the constant threat from the Russian Federation, hundreds of thousands of Ukrainians remain at their workplaces — providing medical care, restoring electricity, working in communal services and government institutions. In 2023, the state officially recognized the need to support those who are injured while performing such critical duties. A special law was passed, which provides for the payment of a one-time cash benefit for certain categories of employees, if damage is caused as a result of the military aggression of the Russian Federation against Ukraine.
The Editorial Board of IA “FAKT” turned to the lawyers of the “Repeshko and Partners” Bar Association to find out who exactly has the right to such compensation, in which cases it is granted, what documents need to be collected and what those who suffered or lost their ability to work due to military actions should know.
Despite the rather difficult times in the country, the state tries in every possible way to support the population that continues to live and work under enemy fire, especially since their work is critically important not only for ordinary citizens, but also for the functioning of the country as a whole. Thus, in 2023, the law “On one-time monetary assistance for damage to life and health caused to employees of critical infrastructure facilities, civil servants, local self-government officials as a result of the military aggression of the Russian Federation against Ukraine” (hereinafter – the Law) was adopted, which provides for the provision of one-time monetary assistance for damage to life and health as a result of the military aggression of the Russian Federation against Ukraine to a certain category of employees.
Article 1 of the corresponding Law clearly defines the circle of persons who have the right to receive a one-time cash benefit in the event of damage to their health or in the event of death. The law applies to those who perform their professional duties in the conditions of Russia’s military aggression against Ukraine after February 24, 2022. These are the following categories:
— employees of critical infrastructure facilities,
— civil servants,
— officials of local self-government.
They are entitled to this benefit if they become disabled as a result of an injury, mutilation, contusion or disease received in the line of duty. Moreover, we are talking not only about the combat zone, but also about other regions of Ukraine, which after February 24, 2022 were subjected to shelling, airstrikes and other attacks.
The law also provides for payment in the event of the death of such persons. If a person died due to injury, mutilation, contusion or disease related to the performance of his duties during the war, his family is entitled to a one-time monetary benefit.
In this case, who does the law recognize as family members of the deceased (deceased)? These are not just obvious categories like children and spouses. Here is the full list:
— children (including those adopted, conceived during the life of the deceased and born after his death, as well as children for whom the deceased was deprived of parental rights),
— one of the spouses who survived the deceased,
— parents (adoptive parents), if they were not deprived of parental rights or these rights were restored before the time of death,
— grandchildren, if their parents were also dead at the time of death,
— a woman or a man with whom the deceased lived in the same family without an official marriage — provided that the fact of cohabitation was established by a court decision,
— dependents of the deceased — in the sense defined in the Law of Ukraine “On Mandatory State Pension Insurance”.
These provisions are designed to guarantee fair support to those who have suffered or lost loved ones while performing their duty to the state in wartime. The law clearly indicates the connection between the injury or death and the performance of official tasks in conditions of armed aggression – this is the key factor for the award of assistance.
The value of this law is that, although it was passed and became effective in 2023, it is retroactive, which is an exception. Therefore, the right to receive one-time cash assistance is also available to:
- employees of critical infrastructure facilities;
- civil servants;
- local self-government officials;
- recognized as persons with disabilities in the period from February 24, 2022 to the entry into force of this Law;
- family members of the listed persons, in case of death (death) of persons in the period from February 24, 2022.
It should be noted that by analogy with military personnel, the law establishes that an employee or civil servant has the right to make a personal order in writing in an arbitrary form in the event of his death (death) to pay a one-time cash benefit to a person (persons) of his choice, determining the amount of the share of such persons in percentage (hereinafter – a personal order).
However, the state protects the interests of certain categories and, as with a will with a mandatory share in the inheritance, personal disposition also has limitations. Regardless of the content of the personal order, minors, minors, adult disabled children, disabled widows (widowers) and disabled parents of a deceased (deceased) person are entitled to one-time financial assistance in the amount of 50 percent of the share that would belong to each of them in the event of the appointment and payment of one-time financial assistance in the absence of a personal order.
The authenticity of the signature on the personal order is certified by the commander/head of the unit/head of the body in which such a person serves/works, or a notary public. The original of the personal order is kept in the person’s personal file.
It is worth knowing that the employee has the right to cancel a personal order or make a new one at any time. Each new personal order cancels the validity of the previous one. It is forbidden to divulge the content of a personal order until the fact of death (death) of the person who made it is established.
One-time monetary assistance for damage to life and health of persons who are family members, in the absence of a personal order, is assigned and paid in equal shares to all persons who have the right to its appointment and payment, upon their personal application or the application of their legal representatives. In the case of refusal of one of the mentioned persons to appoint and pay one-time monetary assistance for damage to life and health, as well as if one of such persons did not exercise his right to appoint and pay such assistance, his share is distributed among other persons who have the right to appoint and pay one-time monetary assistance for damage to life and health, in equal shares.
In addition, a one-time cash benefit for damage to life and health of family members in the presence of a personal order is paid to the person (persons) in whose favor the personal order is drawn up, in the amount of the share specified in such order in percentage.
If one of the persons specified in the personal order refuses to appoint and pay, as well as if one of such persons has not exercised his right to appoint and pay such assistance within three years from the date of such right, his share is distributed among other persons who have the right to appoint and pay one-time monetary assistance for damage to life and health, in equal shares.
Refusal to receive one-time monetary assistance on behalf of minors, minor children of a deceased (deceased) person, as well as incapacitated persons and persons whose civil capacity is limited, who are entitled to the appointment and receipt of one-time monetary assistance for damage to life and health, is not allowed.
It should be noted that persons who have the right to the appointment and payment of monetary assistance can refuse its appointment and payment by submitting an application, the authenticity of the signature on which is notarized. To persons who have the right to the appointment and payment of monetary assistance, its appointment and payment are carried out regardless of the exercise of the right to the appointment and payment of such assistance by other persons who are also entitled to it.
As for the main one – the amount of one-time monetary assistance for damage to life and health, it is set in the following amounts:
1) persons with disabilities of the I group – 800 thousand hryvnias;
2) persons with disabilities of the II group – 500 thousand hryvnias;
3) persons with disabilities of the III group – 200 thousand hryvnias;
4) in case of death (death) – 1 million hryvnias.
Persons who have the right to the appointment and payment of one-time monetary assistance for damage to life and health provided for by this Law may exercise it within three years from the date of such right.
The realization of the right of the recipients to the appointment and payment of one-time cash assistance is carried out from the date of establishment of disability or death (death) of a person in connection with an injury, mutilation, contusion or as a result of an illness related to the performance of official (official, professional) duties during the period of military aggression of the Russian Federation against Ukraine in the areas of implementation after February 24, 2022. military (combat) operations or in areas subjected to bombings, airstrikes and other armed attacks after that date.
The objects of critical infrastructure subject to the effect of this Law include the objects of infrastructure that were damaged as a result of the military aggression of the Russian Federation against Ukraine in the areas of implementation after February 24, 2022. military (combat) operations or in areas subjected to bombings, airstrikes and other armed attacks after that date, provided that such objects are included in the Register of Critical Infrastructure Objects after the armed attack and have acquired the legal status of a critical infrastructure object.
One-time monetary assistance for damage to life and health is paid from the state budget. At the same time, the appointment and payment of one-time cash benefits for damage to life and health of a person, and in the case of his death (death) – to members of his family, are not carried out:
1) if the death (death), injury, mutilation, contusion, disease that led to disability is a consequence of:
- committing a criminal or administrative offense by a person;
- alcoholic, drug or toxic intoxication;
- intentional infliction of bodily harm, other harm to one’s health or suicide (except in the case of suicide determined by the court);
2) in case of submission of knowingly false information for the appointment and payment of a one-time cash benefit for damage to life and health.
Such monetary assistance shall not be awarded to a person who intentionally took the life of or committed an attempt on a person who, in accordance with this Law, has the right to assign and receive monetary assistance, or was held administratively or criminally liable for committing an offense against a deceased (deceased) person pursuant to a court decision that has entered into force.
We would like to emphasize that the appointment and payment of a one-time cash benefit may be refused or its payment terminated or suspended to a person in respect of whom the fact of evasion of the obligation to maintain a deceased (deceased) person during his life has been established by a court decision that has entered into force.
In the event of a dispute between:
- by persons entitled to the appointment and payment of financial assistance;
- between persons and bodies authorized to appoint and pay monetary assistance, regarding the right to its appointment and payment and/or its amount.
The body authorized to pay the financial aid suspends its payment until the dispute is resolved in court and the court decision becomes legally binding.
Persons who have the right to receive one-time cash assistance must submit an application for its appointment and payment to the territorial body of the Pension Fund of Ukraine, regardless of the address of the declared/registered place of residence (residence). The application is considered by the authorized body within 10 working days from the date of its submission with all the necessary documents.
One-time cash assistance for damage to life and health is paid in the total amount by crediting the funds to the current account specified in the application, opened in one of the authorized banks or to a division (branch, representative office, department, etc.) of the authorized organization, which directly pays and delivers pensions and cash assistance to their recipients at the place of actual residence within Ukraine (the same Ukrposhta).
In the event of the death of the recipient, the right to receive the assigned but unpaid amount of one-time cash benefit for damage to life and health is transferred to his family members, and in their absence – it is part of the inheritance.
The decision of the body that appoints and pays one-time monetary assistance for damage to life and health may be appealed in an administrative procedure in accordance with Law of Ukraine “On the administrative procedure” and/or in court.
