New rules for payments to families of missing and deceased military personnel - what the law changes

The Parliament, on its second attempt, adopted Law No. 13646 on the social protection of military personnel. The document is one of the most complex and sensitive throughout the period of the full-scale war, as it directly affects the families of missing and deceased defenders. It is not just about money, but about morality, trust in the state, and the perception of justice in the conditions of a protracted war.

What exactly has changed and why there are so many discussions around this law - UNN analyzes in detail.

How the payment system worked before the law was adopted

Before the adoption of the changes, the state applied two different logics of support. If a serviceman went missing, his family received financial support averaging about 100-120 thousand hryvnias monthly. These payments continued until the status changed - to return, captivity, or death.

In case of official recognition of death, the family additionally received 15 million hryvnias of one-time assistance. The payment was made in stages: first about 3 million, and the rest - in equal parts over the following months.

Thus, families of missing persons could actually receive full financial support for years, and then - a full compensation package for death.

Key change: 15 million as the maximum amount

The new law changes the principle itself. Now 15 million hryvnias is the maximum amount of all state aid in case of a military death. This amount includes those payments that the family received while the status of a missing person.

In other words, if a family received monthly payments for several years, then after the recognition of death, the state will only pay the difference up to the maximum of 15 million hryvnias.

How payments for missing persons work now

The mechanism of payments for missing persons has also been preserved, but with clarifications. Part of the financial support is divided equally among relatives who submitted documents, and 50% is withheld by the military unit or the state until the fate of the military is clarified. If the defender returns from captivity or is found alive - these funds are paid to him. If declared dead - to the family.

Additional social guarantees for military personnel

Separately, the law expands the list of social guarantees for military personnel. During service, the state guarantees monetary, medical, food, and clothing support, treatment and rehabilitation by the decision of the military medical commission, leave for family circumstances, accommodation, free travel, and postal communication. After returning from service, military personnel have the right to be reinstated in a position no lower than the previous one, receive assistance in the amount of the average salary, full insurance and work experience, the right to professional adaptation, annual leave in the first year of work, preservation of the housing queue, and resumption of studies.

How a missing person can be declared dead without a body

A separate and very painful block is the question of how a missing person can be declared dead if there is no body. Ukrainian legislation provides for only a few ways.

The first is a court decision in the presence of at least three witnesses and investigation materials from the military unit, where the circumstances of the disappearance are recorded. In practice, this is the most difficult way: witnesses are often absent, they may be at the front or die, and court proceedings last for years.

The second is automatic recognition of death two years after the end of hostilities. In conditions where there is no talk of the end of the war, this mechanism actually does not work.

The third is the identification of the body or remains by DNA. But the search for bodies in the combat zone is often impossible for years, as long as the fighting continues or the territory remains occupied.

As a result, families of missing persons live in limbo for years - between hope and the actual realization of loss.

State arguments in favor of new rules

The state explains the new rules with several arguments. First, it should eliminate financial inequality between the families of the deceased and the missing. Second, reduce the temptation to delay the legal recognition of death. Third, relieve the budget in a situation where the war lasts much longer than planned in 2022.

The official position of the Ministry of Defense boils down to a single principle: the families of the deceased and missing persons should receive assistance according to a transparent, understandable, and uniform logic, and the total amount of state support should not exceed 15 million hryvnias.

Criticism of the law by families and human rights activists

At the same time, military families and human rights activists see serious risks in the law. Court procedures may be further delayed, as the recognition of death automatically reduces the financial burden on the state. Many families cannot collect the necessary evidence for years, and the moral aspect of the decision comes down to the question: can the loss of human life be measured by financial limits at all.

The problem of families of those who died before February 24, 2022

A separate painful topic is the families of military personnel who died before February 24, 2022. They are not covered by the current compensations, although the war for them began much earlier and took lives just the same. The state actually recognizes this artificial division, but does not plan to correct it.

Summary: what this law actually means

In summary, Law No. 13646 is a signal about the real financial state of the country. Decisions made in 2022 in conditions of shock and belief in a short war no longer correspond to reality. The state is trying to maintain a balance between supporting the families of the deceased, helping the living, and the ability to continue the war.

Whether this is fair is an open question. For some, it is a step towards systematicity and honesty, for others - a painful reduction in support under the guise of reforms. Only one thing is obvious: these decisions are made not in conditions of abundance, but in conditions of survival of a country that has been fighting a war of attrition for the fourth year.

Recall

The Verkhovna Rada adopted a bill regulating the social, labor, and pension rights of military personnel. The law ensures return to work, financial assistance after conscription, and additional guarantees for those released from captivity.