Research

Compensation Issue for Relatives of Killed in Action Foreign Soldiers in Ukraine

With the onset of russia’s full-scale aggression against Ukraine, not only Ukrainian citizens but also foreigners serve in the ranks of the Armed Forces of Ukraine (AFU) and other military formations, such as the National Guard and the State Special Transport Service. Many foreign volunteers have taken on the responsibility of defending Ukraine, and unfortunately, some of them have died in the line of duty. This has posed new challenges for Ukraine’s social benefits and compensation system, as the law must take into account the rights and needs of not only Ukrainian military personnel but also foreign citizens who were killed in combat.

Legal Framework for Payments

Ukrainian law provides for a lump sum payment in case of death, disability, or partial loss of capacity without establishing disability for military personnel, regardless of their citizenship. This right is guaranteed both for Ukrainians and for foreigners serving in the AFU, National Guard, or the State Special Transport Service who might have been killed in the line of duty.

The main regulatory acts governing these payments include:

  • Order of the Ministry of Defense of Ukraine No. 45 dated January 25, 2023, "On Approval of the Procedure and Conditions for Assigning and Paying a Lump Sum in Case of Death (Death) of Military Personnel of the Armed Forces of Ukraine During Martial Law".
  • Resolution of the Cabinet of Ministers of Ukraine No. 168 dated February 28, 2022, "Issues Regarding Certain Payments to Military Personnel, Police Officers, and Their Families During Martial Law".
  • The Law of Ukraine "On Social and Legal Protection of Military Personnel and Members of Their Families".
  • The Law of Ukraine "On Military Duty and Military Service", specifically Article 21-4, which regulates lump sum payments for foreigners or stateless persons.

Article 21-4 of the Law of Ukraine "On Military Duty and Military Service"

A lump sum payment is made in the following cases:

  1. The death of a military serviceman while performing military duties or due to injury, concussion, or trauma received during military service, i.e., died in combat.
  2. The establishment of disability due to injury, concussion, trauma, or illness sustained during military service.
  3. Partial loss of capacity without establishing disability.

The right to receive the lump sum payment is granted to the family members, parents of the fallen soldier, and other persons as defined by the Family Code of Ukraine.

Major Challenges for Foreigners

Requirement to Open an Account in a Ukrainian Bank

One of the biggest challenges for the families of foreign servicemen killed during military service is that the payments can only be transferred to an account in one of the Ukrainian state banks. To open such an account, the family members of the deceased foreign soldier must travel to Ukraine. This requires obtaining a visa for citizens of countries that do not have a visa-free regime with Ukraine, as well as a temporary or permanent residence permit to open the account.

Restrictions on International Currency Transfers

According to the Resolution of the Board of the National Bank of Ukraine No. 18 dated February 24, 2022, "On the Operation of the Banking System During Martial Law", transferring funds outside of Ukraine is prohibited. Even funds that are state compensation for the death of a soldier cannot be sent abroad. This significantly complicates matters for foreign families, as all payments are made in the national currency (hryvnia) and can only be used within Ukraine. Converting the funds into foreign currency and transferring them to foreign accounts is also impossible due to currency restrictions.

List of Documents Required for Receiving Compensation

To receive the lump sum payment, the families of deceased military personnel must submit the following documents:

  • An application for the lump sum payment.
  • An identity document.
  • The taxpayer identification number.
  • The death certificate of the serviceman died in combat.
  • Documents proving the family relationship with the deceased serviceman.
  • Consent for the processing of personal data.
  • A certificate of criminal record or its absence.
  • Other documents that confirm the right to receive the payment.

The amount of the one-time financial aid is 15,000,000 UAH (approximately 410,000 USD or 390,000 EUR), paid in installments: the first payment is 3,000,000 UAH (approximately 82,000 USD or 78,000 EUR), and the remaining amount is paid monthly at 300,000 UAH (approximately 8,200 USD or 7,800 EUR) over the next 40 months.

Note: The exchange rates are approximate and may vary depending on the current market conditions.

Legislative Gaps

Ukrainian law currently does not take into account all the needs of the foreign relatives of fallen soldiers. It effectively makes it impossible for many foreign citizens to receive compensation due to complex procedures and requirements for physical presence in Ukraine. Families from countries without a visa-free regime with Ukraine face difficulties in obtaining visas to enter the country, further complicating the process of receiving payments. In such cases, relatives are effectively deprived of the opportunity to receive the compensation provided by law.

Possible Improvements to Be Done in Legislative Field

It is necessary to amend NBU Resolution No. 18 to exclude transfers related to "lump sum payments to the families of deceased military personnel" from the list of prohibited currency transactions. This would allow direct transfers from state foreign currency accounts to the foreign currency accounts of the deceased servicemen’s families abroad, greatly simplifying the process and ensuring social justice for the families, regardless of their citizenship.

What Can Be Done Now? Do We Have a Solution?

After analyzing the current legislation and consulting with military personnel and colleagues, we at Disputes Law Firm have found a way to assist the families of killed in action soldiers.

We have developed a comprehensive solution that allows for the collection of a one-time financial aid package, minimizing the need for travel to Ukraine to just one short visit of 1-2 days to receive the funds.

All other formalities are handled by the law firm's specialists.

If you have any inquiries or know someone in need of such services or assistance, don't hesitate to contact us through the contact section of our website.