Ministry of Defense will not appeal part of court decisions regarding deceased military personnel

The Ministry of Defense of Ukraine will not appeal part of the court decisions in cases related to the death or disappearance of military personnel. The ministry expects this to allow families to move faster to processing due payments, benefits and other social guarantees.

The Ministry of Defense announced the new approach on September 24.

The Ministry of Defense has identified five categories of cases in which court decisions will not be appealed under certain conditions.

• Declaring a servicemember dead. This is possible if the probable death is confirmed by the position of the military unit and materials of the official investigation, the military unit participated in the case, and the court complied with the law and took into account the practice of the Supreme Court.
• Establishing the fact of death of a servicemember. This applies to cases where the death is confirmed by the military unit and materials of the official investigation, and the servicemember is registered as missing under special circumstances.
• Establishing the fact of family relations. In particular, when a court application is necessary due to inaccuracies in the surname, first name or patronymic.
• Establishing paternity. The Ministry of Defense will not appeal a decision if a molecular genetic examination confirms the likelihood of biological paternity of a deceased or fallen servicemember regarding a child.
• Establishing facts for receiving payments and benefits. This concerns cases of disappearance of a servicemember or their being in captivity, if the case materials confirm the relevant status and determine persons entitled to payments.

At the same time, the Ministry of Defense emphasized that the refusal to appeal will not be automatic. Each case will be considered individually, taking into account the materials, the official position of the military unit and other relevant evidence.

Earlier, the ministry announced the preparation of such a decision after meetings with representatives of the families of fallen, missing and captured personnel. At that time, the Ministry of Defense stated that the changes were intended to reduce unnecessary court procedures for families of servicemembers.

Sources: Ministry of Defense of Ukraine, Ministry of Defense