Death of a soldier payment. In the event of the death of a serviceman (insurance payments, mortgages, benefits, guarantees)

After the death of relatives, payments are due to reduce the cost of burial and facilitate the material side of the life of the family members of the deceased. Usually, relatives are engaged in funerals, forgetting about the compensation provided by law.

In this already difficult situation, there is no need to refuse the help of the state and other organizations - the death benefit of a relative will be a small financial support.

Burial allowance

There are various payments and benefits paid after the death of a person. One of the types of compensation after the death of a relative is a funeral allowance, that is, payment for ritual services. It is assigned regardless of the degree of kinship, the social affiliation of the deceased, and is paid as a lump sum in a fixed amount.

If the deceased was not a pensioner, a military man, a participant in the Great Patriotic War, an employed person or a minor, contact your local Social Security Office. In all other cases, the collected set of documents must be taken to other institutions that are obliged to pay compensation.

Death of a pensioner

If the deceased relative received a pension or did not work officially after its appointment, it is necessary within 6 months after his death contact the territorial department of the Pension Fund of the Russian Federation. The choice of branch depends on the area of ​​registration of the deceased, which is covered by the competence of one or another division of the FIU.

In order for a pensioner's death benefit to be assigned, a set of documents should be collected before applying:

• Original death certificate;
• Certificate of death;
• Passport;
• The work book of the deceased, and in its absence: an extract from the personal account in the FIU, the number of the current account in Sberbank, an extract from the house book (EZhD).

Death of a soldier or WWII participant

For the grant need to go to the military if the deceased relative was a military man, a veteran of military operations and the Great Patriotic War, an employee of the police department, fire department, tax authorities and customs service.

To apply for a grant, you will need:

• Death certificate;
• Certificate of death;
• Employment history;
• Service certificate or other document.

A monument on the grave will also be erected at the expense of the federal budget. To do this, you need to write an application.

Death of an Employed Person

When the deceased is officially employed, you need to contact your employer. in order to receive an employee's death benefit. In this case, the set of documents will be as follows:

• Death certificate;
• Certificate of death;
• Employment book or employment contract, if these documents are in your hands.

You need to know that a deceased person who is employed in several part-time jobs is paid an employee death benefit by only one organization, where they take the original death certificate. Such a certificate is issued in a single copy in order to avoid multiple receipt of benefits.

Turning to the employer, write also an application for a one-time payment of material assistance.

Death of a minor relative

In the event of the death of a minor family member, apply for a funeral allowance follows his employer where you are officially employed.

To the center of social protection you should go in cases where the death of a child has occurred, and you are not working.

To receive a death benefit for a minor relative, you will need to collect the following documents:

• Help and certificate of death;
• Birth certificate of the child;
• Employment record, if available.

Cases of receiving benefits at the Department of Social Security

When a deceased relative did not fall into any of the “preferential” categories of citizens, it is necessary to contact the Social Security Administration at his place of residence. You can come there within 6 months after death, having collected a set of documents:

• Certificate and death certificate (originals);
• A work book or an extract from the account of the deceased in the FIU, confirming the fact that the person did not work.

Benefit amount

For the whole country, a single amount of the funeral allowance is established in each case. However, it depends on the district additional coefficients, which can be found in the Social Security Office of your city or other locality.

The standard rates for funeral benefits in 2019 are as follows:

1. Upon receipt from Social Security, the Pension Fund of the Russian Federation and from the employer - 5227 rubles. For Moscow, the amount increases by 11 thousand rubles through an additional payment.
2. When assigning an allowance by the military registration and enlistment office, the amount is the amount of money actually spent on burial, but no more than 15484 rubles. For Moscow - no more than 38 400 rubles. The family is paid a subsidy in the amount of a three-month veteran's pension or the salary of a military man.

Other types of payments after the death of a relative

After the death of a relative, other payments are also due, as well as pensions and compensations are awarded.

Alternative option - gratuitous funeral

In accordance with the current legislation (FZ No. 9) a lump sum payment can be replaced by a free funeral at the request of a relative. In this case, funds are allocated from the state budget for the list of works:

• Provision of a coffin, clothes and bedspreads with delivery;
• Transportation of the remains to the cemetery (the arrival of the bus to the church is paid by the relatives themselves);
• Burial;
• Preparation of documents for burial.

To organize such a funeral, you need to apply to a specialized funeral service (municipal), where, in addition to other documents, you will have to submit a certificate stating that you have not been paid a cash allowance.

Deceased relative was insured

Cases of voluntary insurance in Russia are infrequent, but very often they occur when applying for loans and issuing insurance policies for a car.

That's why after the death of a relative, carefully study all his documents. If he had an unpaid bank loan, perhaps an insurance policy was concluded, under the terms of which the insurance company would be obliged to repay the amount of the debt.

If the deceased took out an OSAGO policy, life insurance could be “imposed” on him. If certain conditions are met, you may be eligible for compensation.

Payout in Sberbank

After the death of older people, they often have deposits in Sberbank, open until June 20, 1991. If your relative had such a contribution, you can count on an additional payment - 6 thousand rubles. Contact the nearest Sberbank branch.

Compensation for expenses if third parties are guilty of the death of a relative

When a third party is at fault for the death of your relative, whether it is an accident, murder or any other situation that falls under the norms of criminal law, you can count on reimbursement from those responsible.

In this case, depending on the amount ordered by the court, convicts will give you compensation at a time or will monthly transfer interest from their wages or other income.

survivor's pension

The appointment of a pension after the loss of a breadwinner is carried out upon application the following categories of citizens:

• Children of the deceased, including adopted children. Paid until they reach the age of 18 (up to 23 if the child is a student). After the death of a stepfather or stepmother, the payment is assigned only if the deceased raised children for more than 5 years.
• Full-time students.
• Widows who have reached retirement age or have a disability.
• disabled parents of the deceased.
• Minor grandchildren, brothers and sisters with disabilities.
• The family of a missing person.
• Family members who decide to take on the responsibility of raising and maintaining minors (under 14 years old) children and relatives of the deceased, who have the opportunity to receive a survivor's pension.

Documents for the right to receive a pension:

• Passport;
• Proof of relationship with the deceased;
• Death certificate;
• Documents confirming the experience of the breadwinner.

The PFR specialist, within 10 days from the date of the application, considers the application, assigns or refuses to assign a pension. The amount of the pension depends on many factors and is calculated individually.

The right to receive a survivor's pension is not available in the following cases:

1. The breadwinner did not work a single day. Here another one will be appointed - a social pension.
2. The death of the breadwinner occurred due to the crime of one of the family members of a citizen who wants to receive a pension.

Receiving unpaid pensions and salaries

Additional compensation after death will be receipt of unpaid pension and wages. They can be obtained upon a written application by contacting the employer or the FIU no later than 6 months after death. The payment is made only for the number of days actually worked, the vacation not taken off is compensated.

There is nothing difficult in receiving a payment after the death of a relative, and the set of necessary documents is minimal. Where to get benefits for a death certificate and a certificate depends on the category of citizen and his social status. The amount of the benefit also depends on this, so carefully read all the documents of the relative, you may find the necessary information to receive a higher amount of compensation.

In the event that a military pensioner has died, the payment of military benefits from the state budget is provided. Where to apply for money, and what other support measures can you get? The payment due to the relatives of the deceased is accrued after they apply and provide a package of documents. In practice, the circle of persons to whom money is issued is much wider.

What laws govern the issue

The regulatory framework for the appointment of benefits in connection with the death of a pensioner - a former military man is paragraph 21 of the Government Decree, as well as RF PP dated. They list what payments are due upon the death of a military pensioner, indicate the grounds for extradition, the procedure for calculating and persons who may qualify for benefits. NPAs are allowed to receive money not only for relatives, but also for those who take on the responsibility for organizing the funeral. Any applicant must collect a number of papers before applying for benefits.

If family members were involved in organizing the funeral, then you need to confirm the relationship. It is also necessary to present documents on the burial and the price list on the basis of which the expenses were made.

Military honors

At the burial of military pensioners, military honors are given to them. The order of their organization is established by Presidential Decree 1495 of November 10, 2007.

More recently, Russian the army was a place where mothers didn't really want to send their sons. Now the situation is completely different. The prestige of our armed forces is high, and most of the guys of military age do not at all seek to hang out from service. Many people are happy to switch to a contract basis after the deadline, go to military schools. But despite all the positive changes in our army, military professions, of course, continue to be quite dangerous. Now Russia seems to be officially not at war with anyone, but in fact, its soldiers periodically die in the line of military duty, including abroad. Therefore, today regular business trips abroad for our military personnel (especially professional ones) are not uncommon at all. Soldiers and officers participate in combat operations, escort cargo, serve abroad - in various Russian military bases in seemingly peaceful countries, but sometimes they die there too.

PayoutsAndprivilegeswhich are required by lawfamilies dead military personnel.

Unfortunately, I know quite a lot of such cases not from the press, but from life. About 6 years ago, the young son-in-law of one of my colleagues died. Misha was an athletic boy, engaged in martial arts, and after being called up, he ended up in the Tambov special forces brigade. After a year and a half, he received senior sergeant rank and became the commander of the intelligence department. After graduating from the military, he entered a contract in one of the special forces. In his incomplete 25 years, he managed to fight in the Caucasus and was awarded a medal "For Courage". Misha died during the next exercise from a head wound from a fragment of a light-noise grenade, leaving a young wife and a very young son in this world. Around the same time, my friend's son died due to an explosion in a tank. He was still alive when they pulled him out of the car, but died 3 days later without regaining consciousness. Three years ago, the husband of a neighbor crashed during a training flight in a fighter jet. He did not have time to eject from the falling plane, because he wanted to get away from the residential areas of the city. Igor was buried in a closed coffin. Another neighbor, a police officer, was most recently killed by a drug addict during one of the operations to identify drug dens. And these are only those cases that I immediately remembered, what is called "offhand". In fact, there were many more of them in the lives of my closest acquaintances.

What possible deathat a combat post, as it were, was originally incorporated into the program of military service, of course, does not ease the grief of the families of the victims in the slightest. The grief of losing a loved one cannot be quelled. But now the state is trying to at least facilitate the material existence of the relatives and friends of the soldiers who died in the service of the Fatherland. In particular, the families of the dead Russian servicemen are entitled to various payments and benefits. This is regulated by several federal laws. First of all, No. 53-FZ of March 28, 1998(version dated 05.10.2015) "On military duty and military service, No. 76-FZ" On the status military personnel”, No. 306-ФЗ dated November 7, 2011 “On the monetary allowance of military personnel and the provision of individual payments to them”.

Whenmilitary personnelconsidereddeadwhile performing service?

Paragraph 1 of Article 37 of the Federal Law "On military duty and military service" says that acting military service can be considered actuallymilitary personnel; persons called up for military training; citizens in the mobilization reserve. If one of them died during the service, then his family will be entitled to legal payments and benefits.

The same law also determines the situations in which a person is recognized as performing military service. .

Such people are, for example:

• combatants;
• performing various tasks and official duties in conditions of emergency and martial law and during armed conflicts;
• carrying combat duty, combat service, service in the outfit, etc .;
• participating in ship voyages or exercises;
• carrying out orders and orders of commanders;
• seconded;
• under treatment;
• called up for military training;
• prisoners (except those who surrendered voluntarily), hostages;
• missing;
• participants in actions to prevent and eliminate the consequences of natural disasters and various catastrophes.

These and certain others are entitled to payments and benefits in case of injuries, injuries, complete or partial disability. If they die in the line of duty or as a result of service, then privileges and monetary compensations are received by their members families .

Which relative is entitled topaymentsAndprivileges due toof death soldier?

This is stated in Federal Law of February 12, 1993 No. 4468-1-FZ which governs insurance payments to military personnel and, in the event of death, to their relatives. To members family of the deceased soldier can be attributed:

• official spouses (moreover, the marriage must be registered, and not civil);
• parents or adoptive parents;
• grandparents of the deceased (if parents are absent and if they raised the deceased for 3 years or more);
• children who have not reached the age of majority (18 years old)
• children over 18 but who received a disability before reaching the age of majority
• children over 18, but students in educational institutions - until the very end of their studies or until they reach the age of 23;
• dependents of the deceased who were under his care.

It's interesting that sometimes even intelligent and intelligent people confuse some concepts and then they are very offended and perplexed when they are pointed to
their mistakes. I am on the parent committee of my son's school. A very energetic lady of about forty years old became the chairman of the committee a year ago. About a month ago, she came to school in mourning. She said that her husband died on a military mission, and now she is busy with insurance and getting an apartment for him. And last week I met this widow on the street, and she complained to me in her nerves that the state wants to deceive her and give her nothing - no money, no apartment. From her chaotic monologue, I realized that they were married with the deceased in the church, but not registered in the registry office. I confess: I did not enlighten her - I did not explain that church marriage is not official from the point of view of state law, therefore money and privileges she does not shine. To be honest, I realized that she simply would not hear me and even, perhaps, be offended. She simply advised her to go to a good lawyer, so that he would explain everything professionally to her.

Payoutsbehinddeceasedmilitary, which are required by law to members of itsfamilies.

They are one-time And permanent(monthly). The first ones are military insurance money. them (according to Federal Law No. 4468-1-FZ ) are categorized. There are sums insured, which are calculated in accordance with the size of the monthly allowance (this is a combination of salaries by rank and position). In general, such pay is 25 salaries for each (!) member the families of the deceased.

Another compensation is issued in the total amount, which is then divided among all by shares. If the deceased was a soldier or died at a military training camp, then the amount of this compensation is regulated in 8th and 9th parts of Article 3 of the Federal Law of November 7, 2011 No. 306-FZ “On monetary allowance military personnel and providing them with separate payments » . For deathsoldier in the performance of the family 3 million rubles are due. The same amount must be paid in the event of the death of a person within a year after his dismissal. But, of course, if tragedy will happen precisely because of an injury received at work (and not when, for example, a car knocked down at the crossing).

Besides, part 13 of Article 3 of the same law establishes a monthly compensation payment , which is calculated by dividing the pension disabled person of the 1st group (and it is now 14,000 rubles) for all members the families of the deceased.

The same neighbor of mine, the widow of a crashed pilot, almost immediately issued survivor's pension on 3 of their children two, eight and sixteen years old. Her older boyfriend is now studying at a technical school, then he is going to enter a military flight school, he wants to follow in his father's footsteps. After the death of her husband, Galina received a large insurance policy and bought another apartment in a neighboring building. Now she rents it until one of the children grows up and wants to live on their own. And the late captain Alexei, who was killed by a stoned drug addict, had an elderly mother. She also now receives a pension for her son and the other day she told me that she was going to go for treatment. A ticket to the Kislovodsk sanatorium will be for her free- for the son.

Where to go and what documentation collect for insurance payments .

Package of documents for this (according to the Decree of the Government of the Russian Federation of July 29, 1998 No. 855) need to send to a military unit where the deceased served, and to an insurance company. The final decision will be made by the insurers based on all the documentation provided.

In case of death a person during his service needs:

If a person died within a year after leaving the army from injuries and wounds received in the service, then in addition to the previous papers, a copy of the ITU conclusion that death soldiercame precisely in connection with the injuries he received.

Military survivor's pension –

this is another kind of monthly state payments for death in military service. It can be claimed disabled members only families the deceased who were dependent on him. These are, firstly, official spouses (pensioners) and children - minors and full-time students (up to 23 years old). If children study in military universities or according to the ATS system, they lose their pension. Right to payments survivors also have grandchildren, brothers and sisters, retired parents, grandparents - when there is no one to support them. Disabled spouses can receive this pension before they reach retirement age (unless, of course, they remarry), and disabled children can receive this pension even after the age of 23.

To receive such a pension, you must apply to Russian Pension Fund and provide the relevant papers:

• application on the form (can be found on the PF website);
• passport or other identity card;
• death certificate or court order (if serviceman missing);
• documentation , which confirm family relations with dead.

In 2017 amounts of military pensions for the loss of a breadwinner have 2 basic monetary expressions. If a person dies
directly during service, then the pension is RUB 9919.70., and in the case subsequent of deathdue to injury or injury – RUB 7439.78. At the same time, local coefficients are also applied, which depend on the regions of residence. More will be paid, for example, in the Far North. Allowances are also given to disabled people of the 1st group (100%) who have reached the age of 80 (also 100%) and children - disabled people of the 1st and 2nd groups, as well as disabled children - 32 % .

Privilegesfor membersfamilies deceased serviceman is a separate issue.

Their list is not too long, but the benefits themselves are quite significant. First of all, Article 24 of the law "On the status military personnel » the following provisions on social protection are defined families of the deceased:

1. Under no circumstances can they be evicted from housing without the provision of another - comfortable and free. And plus, in the future, the right to improve housing conditions under the law will be preserved.
2. The repair of their own houses is done according to the norms that are established Government Russian Federation.
3. Housing (if necessary) is provided to them as a matter of priority.
4. They are entitled to compensation payments on payment for living space, hiring, maintenance and repair of housing, utilities, installation and subscription fees for fixed telephones, radio, collective television antennas.
5. They are compensated for the purchase and delivery of fuel within the established norm (if there is no central heating).
6. They retain the right to social guarantees for the provision of medical care in hospitals, for sanatorium treatment and travel to and from the places of this treatment.

All these benefits, like pensions, for widows and widowers are retained only until they remarry. And the receipt of housing (which was due to the military, but he did not manage to get it) will be carried out based on all family members who lived with the deceased at the time of his death. of death . Moreover, the order of receipt will be preserved the same as it would have been if there had been no misfortune. That is, if the deceased was in line for state housing certificates, then the orphaned relatives will retain the right to them. If he already has was an apartment, then it will remain to his heirs, and housing for hire can be registered as a property. If it was right to a one-time payment(calculated before January 1, 2005), then family this paymentdefinitely get it. And so on. That is, housing for the family deceased will be provided on a mandatory basis and out of turn.

So I got an apartment for myself and my daughter and Valentina, my classmate, whose husband was mortally wounded in South Ossetia. Sergei was a military doctor and died from a shell fragment that exploded next to a mobile hospital. Six months before his of death they moved from the Irkutsk region to the Moscow region, where Seryozha was transferred to the service. They lived in a rented apartment. After the death of her husband, Valya was given a housing certificate out of turn, and she was able to buy a two-room apartment in Podolsk. Valentina still sometimes repeats that this apartment is Serezhin's posthumous gift for her daughter's future wedding (they still have a small hereditary odnoshka of Valya's mother in the same Podolsk).

The death of our military guys is a very difficult and personal topic for me. Both of my grandfathers fought, were career officers. One of my brothers is a sailor, also an officer, a participant in hostilities. The nephew serves in the Airborne Forces, is going to stay on the contract. And then my own son recently told me that after school he wants to go to study at a higher military school. So I myself run the risk of soon becoming the mother of a soldier and for the rest of my life not to know peace from worries for my only child. But when I was selecting material for my article on the topic of our state's concern for families dead soldiers , I (to my own surprise, I must say) found that Russia really leaves neither widows, nor orphans, nor elderly parents to their own devices. . Not that it completely reconciled me with the desire of my son (still scared for him), but somehow comforted me a little. If a country treats its soldiers and their families this way, then it is indeed a worthy country. Who will serve her, except for her children - our sons?

You should read:

#right #law #allowance

The right of family members of a deceased (deceased) serviceman to receive a lump-sum allowance, provided for by Part 8 of Article 3 of the Federal Law of November 7, 2011 No. 306-ФЗ “On the monetary allowance of military personnel and the provision of individual payments to them”, arises in the event of the death (death) of a serviceman while performing military duties.

B. filed a lawsuit against the Ministry of Defense of the Russian Federation, the insurance company MAKS, the insurance company Military Insurance Company to recognize the right to receive a lump-sum allowance and collect a lump-sum allowance and other requirements. In substantiation of her claims, B. referred to the fact that her son V., who was doing military service under a contract in the Chechen Republic, had gone missing on 14 August 2000. By a court decision of January 20, 2003, which entered into force, V. was declared missing. On the basis of this court decision, by order of the military commandant of May 21, 2004, V. was excluded from the lists of the personnel of the military commandant's office and all types of support. By a court decision of February 5, 2013, V. was declared dead (deceased) in the line of military service, the military commissariat of the Volgograd Region was entrusted with the duty to grant B. a survivor's pension. B. applied to the MAKS insurance company with an application for the payment of a lump sum in connection with the death of her son. However, she was denied payment, since more than 10 years had passed since her son was excluded from the lists of personnel of the military unit. The refusal served as the basis for B.'s appeal to the court. Having clarified the claims, B. asked to recover jointly and severally from the Ministry of Defense of the Russian Federation and the MAKS insurance company in her favor in connection with the death of her son in the line of military service in accordance with Part 8 of Article 3 of the Federal Law of November 7, 2011 No. 306 -FZ "On the monetary allowance of military personnel and the provision of individual payments to them" a lump sum allowance in the amount of 3,165,000 rubles, subject to indexation. By the decision of the district court, left unchanged by the ruling of the court of appeal, B.'s claims were partially satisfied. B. is deemed eligible for a lump-sum allowance, and
a one-time allowance was collected from the MAKS insurance company in favor of B., taking into account indexation, in the amount of 3,165,000 rubles. B.'s claims to the Ministry of Defense of the Russian Federation, the insurance company "Military Insurance Company" were left unsatisfied. Satisfying the claims and recognizing for B. the right to receive a lump-sum allowance in connection with the death of V. in the performance of military service duties, the court of first instance proceeded from the fact that B.'s right to receive a lump-sum allowance arose on the basis of a court decision dated February 5, 2013 on the recognition of V. as dead in the line of military service. The death of V. should be considered to have occurred from the moment the said court decision entered into force, respectively, the provisions of Part 8 of Article 3 of the Federal Law of November 7, 2011 No. 306-FZ “On the monetary allowance of military personnel and the provision of separate payments to them” apply to the plaintiff.

Taking into account the state contract concluded between the Ministry of Defense of the Russian Federation and the MAKS insurance company dated January 22, 2013 for the provision of services for the implementation in 2013 of compulsory state life and health insurance for military personnel of the Armed Forces of the Russian Federation and citizens called up for military training, and Agreement dated June 17, 2013 on the implementation of payments to military personnel of the Armed Forces of the Russian Federation, citizens called up for military training, and members of their families of one-time benefits, the court collected from the insurance company "MAKS" in favor of the plaintiff the amount of the lump-sum allowance, taking into account indexation using a coefficient of 1.055 in the amount of 3,165,000 rubles. The Court of Appeal agreed with these conclusions of the Court of First Instance and their legal justification. The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation recognized the above conclusions of the courts of the first and appellate instances as based on an incorrect interpretation and application of substantive law to disputed relations.

In accordance with Part 8 of Article 3 of the Federal Law of November 7, 2011 No. 306-FZ "On the monetary allowance of military personnel and the provision of separate payments to them" in the event of the death (death) of a military serviceman or a citizen called up for military training, which occurred in the performance of his duties military service, or his death resulting from injury (wounds, injuries, contusions) or diseases received by him in the performance of military service duties, before the expiration of one year from the date of dismissal from military service (deductions from military training or the end of military training) to family members a dead (deceased) serviceman or a citizen undergoing military training shall be paid in equal shares a one-time allowance in the amount of 3,000,000 rubles.

By its nature and public law purpose, a one-time allowance paid to family members of a serviceman in the event of his death (death) refers to measures of social support for persons who have lost their breadwinner, and is associated with the loss of the opportunity for these persons to receive from a serviceman, including in the future , relevant content subject to the conditions provided by law. As follows from the content of the previously valid paragraph 2 of Article 18 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel” and the provisions of Part 8 of Article 3 of the Federal Law of November 7, 2011 No. 306 effective from January 1, 2012 -FZ "On the monetary allowance of military personnel and the provision of separate payments to them", a legal fact with which the law connects the right of family members of a deceased (deceased) military serviceman or a citizen who underwent military training to receive a lump sum allowance is his death (death) in the line of duty military service or his death due to injury (wounds, injuries, contusions) or illness received by him in the performance of military service duties, before the expiration of one year from the date of dismissal from military service (deductions from military training or the end of military training).

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation recognized as incorrect the conclusions of the courts that the right of B. to receive a lump-sum allowance in accordance with part 8 of Article 3 of the Federal Law of November 7, 2011 No. separate payments to them” arose on the basis of the court decision of February 5, 2013, since it followed from the content of this decision that V. was declared dead (died) in the performance of military duties due to his abduction by unidentified persons from illegal armed groups, which occurred more than 12 years ago during the counter-terrorist operations in the North Caucasus region.

By the same court decision, the military commissariat of the Volgograd region was obliged to grant B. a survivor's pension in accordance with Article 24 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”. Meanwhile, the court decision of February 5, 2013 determined the legal relationship for the appointment of B. a survivor's pension, the issue of declaring V. dead in accordance with Article 45 of the Civil Code of the Russian Federation was not resolved, therefore, there are legal grounds to consider March 12, 2013 as the date of death V., excluded from the lists of the personnel of the military commandant's office and all types of support since May 21, 2004, was not available to the courts, as the Judicial Board pointed out.

When resolving the dispute, the courts also did not take into account that the Federal Law of November 7, 2011 No. 306-FZ “On the monetary allowance of military personnel and the provision of separate payments to them” does not provide for the payment of a lump sum allowance to family members of a serviceman who was abducted and missing. The legal fact, with which the law connects the right of family members of the deceased (deceased) serviceman to measures of social support, is the death (death) of a serviceman in the performance of military service duties.

The above circumstances, when the court satisfied B.'s claims to recognize her right to receive a lump-sum allowance in accordance with part 8 of Article 3 of Federal Law No. 306-FZ of November 7, 2011, were not taken into account, and therefore the conclusions of the courts on the presence grounds for the payment of B. lump sum Judicial Board found unlawful. In view of this, the court decisions are canceled, the case is sent for a new trial to the court of first instance. (Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated May 18, 2015 No. 16-KG15-4)

In accordance with paragraph 2 of Art. 18 of the Federal Law "On the status of military personnel" in the event of the death (death) of military personnel or citizens called up for military training, which occurred in the performance of military service duties (at military training camps), or their death resulting from injury (wounds, injuries, shell shock) or diseases received by them in the performance of military service duties, before the expiration of one year from the date of dismissal from military service (military training), a lump-sum allowance is paid in equal shares in the amount of:

Family members of the dead (deceased) servicemen who served under the contract, including officers called up for military service in accordance with the decree of the President of the Russian Federation, citizens called up for military training as officers, ensigns and midshipmen - 120 salaries of monetary maintenance, established on the day of payment of benefits;

For family members of dead (deceased) servicemen who served on conscription, citizens called up for military training as soldiers, sailors, sergeants and foremen - 120 minimum monthly salaries for a military position according to the first tariff category provided for military personnel serving under a contract in positions to be recruited by soldiers, sailors, sergeants and foremen established on the day the allowance is paid, or in another amount determined by federal law.

At the same time, family members entitled to receive a lump-sum allowance for a deceased (deceased) serviceman (a citizen called up for military training), the Law considers:

Spouse (wife) who is (consisting) on ​​the day of death (death) in a registered marriage with a military serviceman or a citizen called up for military training;

military parent;

Children under the age of 18, or older than this age, if they became disabled before they reached the age of 18, as well as children studying in educational institutions full-time, until graduation, but no more than until they reach the age of 23 years.

The procedure and conditions for the payment of lump-sum benefits in the Ministry of Defense of the Russian Federation are determined by the order of the Minister of Defense of the Russian Federation “On the procedure for paying lump-sum benefits in the Ministry of Defense of the Russian Federation” dated February 2, 1999 No. 55. The Instruction on the procedure for payment in the Ministry of Defense was put into effect by the same order. Defense of the Russian Federation lump-sum allowances for military personnel, citizens called up for military training, and members of their families.

This Instruction establishes a list of documents that are submitted to resolve the issue of paying a lump-sum allowance to family members of a deceased serviceman:

An application from each family member of a deceased (deceased) serviceman for a lump-sum allowance in the form in accordance with Appendix No. 1 to the Instruction (minor children of a serviceman are included in the application of the spouse);

Help in the form in accordance with Appendix No. 2 to the Instruction;

Extract from the order of the commander of the military unit on the exclusion of the deceased (deceased) serviceman from the lists of personnel of the military unit;

A copy of the investigation materials of the bodies of inquiry (investigation) or a court decision on the fact of the death (death) of a serviceman;

The conclusion of the VVK on the causal relationship of injury (wounds, injuries, contusions), diseases that led to the death of a serviceman, with a military injury or with the performance of military service duties in connection with the accident at the Chernobyl nuclear power plant (in relation to clause 8 of the Instruction);

A copy of the certificate of the institution of the State Service for Medical and Social Expertise on the causal relationship with the performance of duties of military service of the disease that led to the death of a serviceman discharged from military service, which occurred before the expiration of one year from the date of his dismissal from military service;

A copy of the soldier's death certificate;

Copies of documents confirming family ties with the serviceman;

A copy of the certificate of the institution of the State Service for Medical and Social Expertise on the establishment of disability for the children of a serviceman before they reach the age of 18 years;

Certificate of the educational institution on the education of children, indicating the date of commencement of education (for children aged 18 to 23 years studying in educational institutions full-time).

Before starting the paperwork, family members of a serviceman should find out which of them is entitled to receive a share of the lump sum allowance. An analysis of the legislative norm establishing the list of family members of a serviceman who are entitled to a one-time allowance indicates a new provision that has appeared in comparison with the norms of Art. 18 of the Law of the Russian Federation “On the Status of Military Personnel” of 1993. It concerns only one category - children of a serviceman under the age of 23, who acquire the right to a lump sum only if they are trained in educational institutions full-time. Recall that earlier this category of children of a serviceman was not defined so specifically - “students under 23 years old” and there was no mention of the form of education.

It seems to the author that such a wording of the legal norm is not correct. It is not entirely clear what the legislator was guided by when he determined the subjects of these legal relations. Why did he tighten the norm compared to the previous one? In accordance with paragraph 1 of Art. 1088 of the Civil Code of the Russian Federation, family members entitled to compensation for damages in the event of loss of a breadwinner are, in particular, children under 23 years of age who are studying full-time. Thus, it can be assumed that the legislator has identified a specific subject by analogy with legal relations for compensation for harm in the event of loss of a breadwinner. To what extent is this fair and to what extent does it take into account the completeness of social protection of military family members?

There are frequent cases when, upon the death (death) of a serviceman, members of his family receive the right to a lump-sum allowance in accordance with paragraph 2 of Art. 18 of the Federal Law "On the status of military personnel", and for insurance amounts in accordance with Federal Law No. 52-FZ. However, there may be situations when not all family members will receive equal rights to both insurance and a lump sum.

So, for example, the son (daughter) of a deceased (deceased) soldier who is studying at an educational institution in part-time or evening education (under the age of 23) will receive an insurance amount on the occasion of the death of his father, but will not receive a lump sum, while all other family members will be paid both the sum insured and the lump sum. After all, children aged 18 to 23 who are studying in educational institutions, regardless of their organizational and legal forms and forms of ownership, have the right to receive the sum insured. The form of education in this case is not defined by law (clause 4, article 2 of Federal Law No. 52-FZ). To obtain the right to a lump-sum allowance, as mentioned above, the son (daughter) of a serviceman must be trained only full-time.

Continuing the topic related to family members of a serviceman who are entitled to both a one-time allowance and insurance coverage, it should be emphasized once again that the subjects of legal relations arising from the payment of lump-sum benefits do not coincide with the subjects of insurance legal relations. The concept of "family members of a serviceman" when paying a lump sum does not correspond to the same concept when paying insurance coverage. Stepfathers, stepmothers, grandparents, as well as wards of a serviceman will not receive the right to a lump sum, unlike the sum insured. In reality, there are situations when the right to a one-time allowance is received by the father (if he is not deprived of parental rights) of a deceased serviceman who, after the birth of a child, left the family and did not see his son, and not by the stepfather, who, before being drafted into the army, raised and supported for a long time young man. In such a situation, the law is on the side of the father, not the stepfather.

With this approach in determining the list of family members eligible for a lump-sum allowance, when the number of subjects is significantly, almost halved relative to the number of subjects in compulsory insurance, the legislator once again emphasized the special position of this allowance as an additional type of social protection for family members of military personnel who died in the line of duty military service.

So, each family member of a serviceman who is entitled to a lump-sum allowance writes a personal application for its payment. The form of this application is determined by Appendix No. 1 to the Instruction (Order of the Minister of Defense of the Russian Federation of 1999 No. 55:

Head of ____________________________

(name of company)

from _____________________________________ ,

(Full Name)

residing at: _________________ .

Identity card (passport) __________

(by whom and when issued)