The Law on Amendments to Certain Laws of Ukraine on Ensuring the Rights of Servicemen and Policemen to Social Protection: Explanation of Lawyers

The new law provides for the improvement of the mechanisms for ensuring certain rights of servicemen, in particular to information, medical care, vacations, as well as the rights of police officers to one-time monetary assistance in case of death (death), determining the loss of working capacity, legal regulation of other issues related to the realization of the rights of servicemen and military officials during military service.

“The total time of a military serviceman’s continuous stay in health care facilities and on leave for treatment due to illness or on leave for treatment after an injury (contusion, injury or maiming) while maintaining monetary and material support cannot exceed 12 consecutive months. Overview military medical commission to resolve the issue of the need for long-term treatment is conducted no later than four months after the start of treatment”, – the text of the law states.

According to the law, only after the established period of continuous treatment in health care facilities and on leave for treatment due to illness or on leave for treatment after injury, a military serviceman is subject to examination by the Military Medical Commission (MMC) to resolve the issue of his suitability for military service.

Also, this regulatory document contains a provision according to which, in order to care for a sick child under the age of 14, military personnel are released from duty for the period during which the child needs care according to a medical opinion on temporary incapacity, but no more than 14 calendar days. If it is necessary to take care of a child who needs inpatient treatment, military personnel are released from duty while maintaining financial support for the entire period of care for the sick child.

Along with this, the law establishes certain payments and allowances:

“Military servicemen who, in connection with an injury (contusion, trauma or mutilation) related to the performance of military duties, are recognized by the VLK as limited fit or unfit for military service with a review after 6-12 months and are placed under the command of the relevant commanders within two months from the day of enlistment (without taking into account the time spent on vacation and treatment) monetary support (without taking into account additional remuneration) is paid for the last position in full military personnel are paid a monthly salary according to their military rank, an allowance for years of service and an additional reward in the amount of UAH 20.1 thousand.”

The transitional provisions of the law are supplemented by the obligation of conscripts of limited fitness to undergo military training within nine months. One of the noms that caused public dissatisfaction is the exclusion of the status of “limited fit” for military service and left only “fit” or “unfit”. At the same time, the Ministry of Defense of Ukraine has its own internal order No. 402, which contains a list of diseases according to which conscripts are classified as “fit”, “limited fit” and “unfit”. As long as the Ministry of Defense does not change this order, no requalification of “limited fit” will take place. After all, there is no document that can be referred to in order to qualify a person as “fit” or “unfit”. In addition, specific conditions must be created for a man who had the status of “limited fit”, because he has serious health problems .

Ukrainians, dissatisfied with this provision of the law, believe that it grossly violates the rights of military personnel, who are limited in their suitability for military service. A corresponding petition has already been posted on the website of the President of Ukraine, which has received 2,288 votes.

In addition to the specified norms, the law establishes the amount of a one-time cash benefit, which is paid in the event of the death or death of a serviceman while performing his military service duties: not less than UAH 15 million.

Who has the right to receive a payment of 15 million hryvnias if a serviceman died? Is it possible to get it for the common-law wife of the deceased?

The circle of those entitled to one-time cash assistance of 15 million has significantly expanded. It can be received by the children of the deceased, including those adopted or conceived before his death, widows and parents (provided they are not deprived of parental rights), grandchildren (if their parents died before the death of the serviceman).

Regarding civil partners. The legislative innovation also applies to persons who were in a civil marriage with the deceased. Now they can also claim payment, but for this it is necessary to establish the fact of cohabitation with him in court.