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“You can submit an application in person or through a representative at the TCC”: what the family of a missing soldier should know about the certificate

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A certificate is a document confirming the status of a family member of a serviceman who went missing during military service, on the basis of which benefits, guarantees and compensation are provided for such persons by the Law of Ukraine “On the Social and Legal Protection of Military Personnel and Members of Their Families”. On December 22, 2023, changes were made to the Resolution of the Cabinet of Ministers of Ukraine dated May 28, 1993 No. 379. Which ones exactly – explains lawyer Daria Panfilovapreviously told how defenders can get lifting assistance.

There is a clear list of documents for obtaining a certificate:

  • an extract from the order to exclude a serviceman from the lists of personnel in connection with his recognition by the court as missing or a copy of such an order;
  • The court decision on military recognition is unknown.

Exhaustive range of persons to whom a certificate can be issued:

  • parents of a serviceman;
  • to the wife (spouse) of a serviceman if she (he) has not entered into another marriage;
  • children of a military personnel who have not reached the age of majority;
  • adult children of a military personnel – persons with disabilities since childhood”.

You can submit an application either personally or through a representative to the TCC SP or to the authorized body for issuing certificates, if the military man did not serve in the Armed Forces of Ukraine/TRO.

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The clear deadline for issuing a certificate is 30 calendar days from the date of receipt of the relevant application.

There is an obligation to return the ID in the following cases:

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  • identifying the fact of providing false information about a soldier who went missing during military service, or members of his family;
  • establishing the location of a serviceman who was listed as missing;
  • reaching the age of 18 by children of military personnel who went missing during military service;
  • the end of the period for which disability is established for adult children – persons with disabilities since childhood;
  • when the wife (husband) took (took) another marriage;
  • when the ID has become unusable;
  • in case of change of surname, first name or patronymic of a family member of a missing serviceman.”

The lawyer adds that the presence of a decision to recognize a military man as missing by the court entails his exclusion from the unit’s personnel, and payment of allowances is terminated.

Until now, not a single algorithm for the actions of family members who have already received such a certificate has been fixed. Therefore, given that the law does not have a retroactive effect – there is no requirement for the return of such certificates – family members have the right to use them legally.

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There is an obligation to return the certificate to the TCC of the joint venture/authorized body in certain cases directly provided for by the resolution, but no monitoring or liability is provided.

The real possible consequence if the identity card is used by a person contrary to the instructions of the Cabinet of Ministers of Ukraine is a requirement for the return of funds that were accrued as preferential benefits.

Earlier it was reported that the State Labor Service named the category of Ukrainians entitled to additional paid leave. Women who have children and whose men are considered missing have this right.

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Author: Victoria MIKYTYUK, “FACTS”

Source: Fakty

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