Peculiarities of determining the circle of recipients of one-time financial assistance in case of death of a serviceman, person liable for military service or reservist under martial law
Abstract
It has been proved that today the legislator has created a clear mechanism for the procedure for payment of a one-time financial assistance in the event of death of a serviceman, person liable for military service or a reservist (including a police officer), which indicates that they understand the importance of taking measures to ensure national security and defence in the context of a full-scale invasion of Ukraine by russian federation. It has been stressed that the issue of determining the list of persons who should be considered family members entitled to this social payment remains controversial.
A scientific analysis of the content of the Law of Ukraine “On Amendments to the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families” regarding the Appointment and Payment of a One-time Financial Allowance” dated 29 July 2022 No. 2489-IX has been carried out. It has been considered the Draft Law on the Institute of Registered Partnerships No. 9103 dated 13 March 2023, aimed at establishing a new concept of “registered partners” in family law, and the current Resolution of the Cabinet of Ministers of Ukraine “On Amendments to Clause 2 of the Resolution of the Cabinet of Ministers of Ukraine dated 28 February 2022 No. 168” dated 27 September 2022, No. 1066, which introduced new grounds for non-payment of a one-time financial assistance for the deceased, in terms of their compliance with the current legislation, relevance and validity of their adoption in the current conditions. The author's proposals for amendments to the Criminal Code of Ukraine related to high treason, collaboration, and aiding and abetting the aggressor state have been presented.
The attention has been drawn to the emergence of new social phenomena which require appropriate regulation by the State, in particular, this concerns the possible emergence of new grounds for family formation in the future. The legal framework that regulates the concepts of “family”, “family members” and defines a specific list of family members is quite extensive and needs to be improved both in terms of its very design and in terms of clarifying the legal definition of the concepts of “family” and “family member” in the law. The necessity of addressing this issue at the level of the Family Code of Ukraine by enshrining the relevant definitions in it has been emphasised.
Downloads
References
Bairachna, M. I. (2019). Functions of the family in the family law of Ukraine. Juridical Scientific and Electronic Journal, 3, 57–60. http://www.lsej.org.ua/3_2019/15.pdf.
Chekhovska, I. V. (2013). State family policy in Ukraine: theory and practice of implementation. Ruta.
Chervonyi, Yu. S. (Ed.). (2004). Family law of Ukraine. Truth.
Dzhafarova, O., Riabchenko, O., & Artemenko, I. (2018). Structural and legal analysis of banking safety in Ukraine. Baltic Journal of Economic Studies, 5(4), 67–74. https://doi.org/10.30525/2256-0742/2018-4-5-67-74.
Hetman, Ye., Kobrusieva, Ye., & Dzhafarova, O. (2022). Administrative and legal regulation of the national security system of Ukraine. Journal of Law and Political Sciences, 30(1), 176–190.
Hopanchuk, V. S. (Ed.). (2002). Family law of Ukraine. Truth.
Maslov, V. F., Podoprigora, Z. A., & Pushkin, A. A. (1972). Current legislation on marriage and family. High school.
Padun, R. V. (2021). Defining the family as a legal category and a special phenomenon of social relations. Uzhhorod National University Herald. Series: Law, 68, 75–79. https://doi.org/10.24144/2307-3322.2021.68.12.
Serdechna, I. L. (2014). To the issue of the concept of “member of the family” in family law: normative and doctrinal approaches. University Scientific Notes, 4, 88–95.
Shatrava, S. О., Khramtsov, О. М., Kolomoiets, N. V., & Tyshchenkova, І. O. (2019). Specifics of budget decentralization in Ukraine. Financial and Credit Activity: Problems of Theory and Practice, 28(1), 264–271. https://doi.org/10.18371/fcaptp.v1i28.163048.
Shatrava, S., Tsybulnyk, N., Bezpalova, O., & Muzychuk, O. (2020). Public Administration as a Form of Realization of Public Authority. Amazonia Investiga, 9(30), 60–66. https://doi.org/10.34069/AI/2020.30.06.6.
Shevtsiv, Yu. (2023). Legal analysis of the concept of “family” and subjects of family legal relations. Uzhhorod National University Herald. Series: Law, 76(1), 201–207. https://doi.org/10.24144/2307-3322.2022.76.1.31.
Streltsov, V., Bezpalova, O., Dzhafarova, O., Shatrava, S., & Kisiliuk, E. (2021, May 30–31). Approaches for Assessing the Public Administration Activities in the Field of Ensuring Economic Security [Conference presentation abstract]. 37th IBIMA Conference, Cordoba, Spain. https://ibima.org/accepted-paper/approaches-for-assessing-the-public-administration-activities-in-the-field-of-ensuring-economic-security/.
Vatras, V. A. (2008). Subjects of family legal relations [Candidate thesis, Institute of State and Law named after V. M. Koretsky National Academy of Sciences of Ukraine].
Yavor, O. (2019). “Family life” as interpreted by the European Court of Human Rights. Entrepreneurship, Economy and Law, 10, 44–51. https://doi.org/10.24144/2307-3322.2022.76.1.31.
Copyright (c) 2023 O. V. Dzhafarova, S. O. Shatrava, O. V. Pohorilets
This work is licensed under a Creative Commons Attribution 4.0 International License.
