LEGAL REGULATION OF ONE-TIME FINANCIAL ASSISTANCE IN THE EVENT OF THE DEATH OF A SERVICEMEMBER

Abstract

The article provides a comprehensive analysis of the legal regulation of a one-time monetary benefit in the event of the death of a servicemember as one of the key elements of the system of social and legal protection of servicemembers and their family members. The relevance of the topic is by the growing importance of state financial support mechanisms for the families of fallen servicemembers under martial law, as well as by the need for proper legal support for the exercise of the right to such payment. It is emphasized that the one-time monetary benefit has a special legal nature, combining the features of a social guarantee, a compensatory payment, and a means of prompt state response to socially significant risks associated with military service.

The study examines the system of legal acts regulating the grounds, conditions, procedure for the assignment, and payment of the one-time monetary benefit, in particular the provisions of the Law of Ukraine “On Social and Legal Protection of Servicemembers and Members of Their Families,” subordinate acts of the Cabinet of Ministers of Ukraine, and relevant case law. The main legal facts with which the legislator associates the emergence of the right to such benefit are identified, and the range of persons entitled to receive it is characterized. It is substantiated that the legal structure of this payment is aimed not only at the formal establishment of the right to assistance, but also at ensuring enhanced social protection for the most vulnerable categories of persons, including children, dependent parents, the widow (widower), and dependants of the deceased servicemember.

Particular attention is paid to the analysis of the servicemember’s personal instruction regarding the payment of the one-time monetary benefit in the event of his or her death. It is proved that such an instruction has certain features in common with a will, but is not a will in its legal nature, since it is limited exclusively to determining the recipients of a specific state payment. At the same time, it is emphasized that even where such an instruction exists, legislation establishes guarantees for certain categories of persons who, regardless of its content, are entitled to a defined share of the benefit, which confirms the social orientation of this legal regulation.

The article also analyzes the current case law of the Supreme Court, which is of great importance for the formation of a uniform approach to the application of legal norms in disputes concerning the assignment of the one-time monetary benefit. In particular, attention is paid to judicial positions regarding the right of a child conceived during the servicemember’s lifetime but born after his death to receive the relevant payment, as well as to the Court’s approach to assessing the circumstances of a servicemember’s death while in a state of alcohol intoxication. It is established that judicial practice is oriented toward protecting the social essence of this benefit, preventing excessive formalism, and ensuring a fair balance between the letter of the law and its purpose.

Keywords: servicemember, one-time monetary benefit, death, loss of life, family member, personal instruction, protection, legal regulation, case law