Benefits to the families of the killed participants of anti-terrorist operation: changes in the legislation

22.02.2016

According to the Law of Ukraine No. 967-VIII "On Amendments to Article 15 of the Law of Ukraine On the Status of War Veterans, guarantees of their social protection / family of the victims are now entitled without restrictions related to the amount of family income to:

free receipt of medicines, immunological drugs, medicines and medical devices (according to doctor's prescriptions); extraordinary and free prosthetics of teeth (this does not include prosthetics made of precious metals); free sanatorium-and-spa vouchers or compensation for the cost of self-treatment (additionally, you need to be interested in the procedure for providing such vouchers approved by the Cabinet of Ministers); 50% payment for the use of housing within the norms defined by law (21 m2 for each family member who lives in a dwelling and is entitled to benefits, and an additional 10.5 sq. M per family); 50% payment for utilities and liquefied gas for household needs within the average consumption rates; 50% reduction in the cost of fuel, including liquid, within the norms established for sale to the population, for persons living in houses without central heating; extraordinary installation of phones, payment in the amount of 50% of the cost of services); extraordinary free overhaul of own residential buildings and priority current repairs of residential buildings and apartments; extraordinary provision of housing for persons who need to improve their living conditions (within 2 years of registration); priority allocation of land for housing, horticulture and gardens; the amount of pension or monthly additional monetary maintenance is increased by 25% of the subsistence minimum for the disabled; and a number of other benefits in accordance with Art. 15 of the above law.

Law on the status of war veterans, guarantees of their social protection

Persons covered by this Law (Article 10) are granted the following benefits:

1) free receipt of medicines, medicines, immunobiological drugs and medical devices according to doctors' prescriptions;

{Paragraph 1 of Part 1 of Article 15 as amended by Law No. 2344-IV of 13.01.2005}

2) free priority dental prosthetics (with the exception of prosthetics made of precious metals);

3) free provision of sanatorium-and-spa treatment or compensation for the cost of independent sanatorium-resort treatment. The procedure for providing vouchers, the size and procedure for paying compensation for the cost of independent sanatorium-and-spa treatment are determined by the Cabinet of Ministers of Ukraine;

{Paragraph 3 of Part 1 of Article 15 as amended by Law No. 107-VI of 28.12.2007 - the amendment was declared unconstitutional in accordance with the Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008}

4) 50% discount on housing (rent) within the norms provided for by the current legislation (21 square meters of total housing area for each person who permanently resides in a dwelling (house) and is entitled to a discount fee, and an additional 10.5 square meters per family);

{Paragraph 4 of Part 1 of Article 15 as amended by Law No. 488/95-ВР of 22.12.95, as amended by Law No. 52-IV of 04.07.2002}

5) 50% discount of payment for the use of utilities (gas, electricity and other services) and liquefied balloon gas for household needs within the average consumption standards.

{Paragraph 1 of Paragraph 5 of Part 1 of Article 15 as amended by Law No. 2878-IV of 08.09.2005}

The area of housing for which a discount is provided, when calculating the heating fee is 21 square meters. meter of heated area for each person who permanently resides in a dwelling (house) and is entitled to a discount fee, and an additional 10.5 square meters. meter per family.

For families consisting only of disabled persons, a 50 percent discount is provided for the use of gas for heating housing for double the size of the normative heated area (42 square meters for each person entitled to a discount fee and 21 square meters per family);

{Paragraph 5 of Part 1 of Article 15 as amended by Law No. 488/95-BP of 22.12.95, as amended by Law No. 52-IV of 04.07.2002}

6) 50% discount on the cost of fuel, including liquid, within the norms established for sale to the population, for persons living in houses that do not have central heating;

{Paragraph 7 of part one of Article 15 is excluded on the basis of Law No. 76-VIII of 28.12.2014 - regarding the entry into force of the provisions of this Law. "Final provisions"}

8) extraordinary free overhaul of own residential buildings and priority current repairs of residential buildings and apartments;

9) use at retirement (regardless of the time of retirement) or change of place of work by clinics and hospitals to which they were attached at the previous place of work;

{Paragraph 9 of Part 1 of Article 15 as amended by Law No. 488/95-ВР of 22.12.95}

10) annual medical examination and dispensary with the involvement of the necessary specialists;

11) priority service in medical and preventive institutions, pharmacies and priority hospitalization;

12) payment of temporary disability benefits in the amount of 100 percent of the average salary, regardless of work experience;

13) use of the next annual leave at a convenient time for them; obtaining additional leave without pay for up to two weeks a year;

14) the preemptive right to remain at work with a reduction in the number or staff of employees in connection with changes in the organization of production and labor and employment in case of liquidation of the enterprise, institution, organization;

15) extraordinary provision of living space for persons in need of improving living conditions, including at the expense of living space transferred by ministries, other central executive bodies, enterprises and organizations at the disposal of local councils and state administrations. The persons referred to in this Article shall be provided with a residential area for two years from the date of registration.

{Paragraph 1 of paragraph 15 of part one of Article 15, as amended by Laws No. 488/95-ВР of 22.12.95, No. 5462-VI of 16.10.2012}

Executive authorities, executive committees of local councils are obliged to provide assistance to war invalids and families of fallen servicemen in the construction of individual residential buildings. Land plots for individual housing, horticulture and horticulture are ascended to these persons as a matter of priority;

{Paragraph two of paragraph 15 of part one of Article 15, as amended by Laws No. 488/95-ВР of 22.12.95, No. 5462-VI of 16.10.2012}

{Paragraph 15 of Part 1 of Article 15 as amended by Law No. 5462-VI of 16.10.2012}

16) obtaining a loan for the construction, reconstruction or overhaul of residential buildings and courtyards, joining them to engineering networks, communications, as well as loans for the construction or purchase of country houses and improvement of garden plots with its repayment for 10 years starting from the fifth year after the completion of construction. These loans are provided in the manner determined by the Cabinet of Ministers of Ukraine;

{Paragraph 16 of Part 1 of Article 15 as amended by Law No. 2344-IV of 13.01.2005}

17) the primary right to join housing (housing) cooperatives, cooperatives for the construction and operation of collective garages, to horticultural societies, to purchase materials for individual construction and garden houses, maintenance and provision of parking of vehicles;

{Paragraph 18 of part one of Article 15 is excluded on the basis of Law No. 76-VIII of 28.12.2014 - regarding the entry into force of the provisions of this Law. "Final provisions"}

19) payment of taxes, fees, duties and other payments to the budget in accordance with tax and customs legislation;

{Paragraph 19 of Part 1 of Article 15 as amended by Law No. 488/95-BP of 22.12.95; as amended by Law No. 2756-VI of 02.12.2010}

20) extraordinary use of all communication services and extraordinary installation on preferential terms of apartment phones (payment in the amount of 20 percent of the tariffs for the cost of basic and 50 percent - additional work). The subscription fee for using the phone is set at 50 percent of the approved tariffs.

The procedure for using communication services and payment for the installation of apartment phones is determined by the Cabinet of Ministers of Ukraine;

21) priority service by enterprises, institutions and organizations of the service of life, catering, housing and communal services, intercity transport;

22) extraordinary placement in institutions of social protection of the population, as well as service by social protection services of the population at home. If it is impossible to carry out such maintenance by social protection institutions, the costs associated with the care of a war veteran are reimbursed in the manner and size determined by the Cabinet of Ministers of Ukraine;

23) entry outside the competition to state and municipal higher educational institutions in specialties, the preparation of which is carried out at the expense of the state and local budgets, respectively.

{Part 1 of Article 15 was supplemented by paragraph 23 in accordance with Law No. 944-XIV of 14.07.99}

Benefits for housing, utilities and fuel provided for in paragraphs 4-6 of this Article shall be granted to persons covered by this Law and their family members living with them, regardless of the type of housing or form of ownership of it.

{Part two of Article 15 as amended by Law No. 488/95-ВР dated 22.12.95}

The area of housing for which a 50 percent discount fee is charged, provided for in paragraphs 4 and 5 of part one of this Article, is determined in the maximum possible amount within the total area of the dwelling (house) in accordance with the norms of use (consumption) established by these points, regardless of the presence in the family of persons who are not entitled to a discount fee.

{Article 15 is supplemented by part three in accordance with Law No. 52-IV of 04.07.2002}

Family members referred to in paragraph 1 of Article 10 of this Law, as well as wives (husbands) of deceased invalids of the Great Patriotic War who did not marry a second time, pensions or monthly lifelong monetary maintenance or state social assistance paid instead of a pension, are increased by 25 percent of the subsistence minimum for persons who have lost their ability to work. Wives (husbands) of deceased participants in war and hostilities, partisans and underground fighters recognized for life as disabled by a common disease, labor injury and for other reasons who did not marry a second time, pensions or monthly lifelong monetary maintenance or state social assistance paid instead of a pension are increased by 10 percent of the subsistence minimum for persons who have lost their ability to work.

{Part of Article 15 as amended by Laws No. 458/95-ВР dated 23.11.95, No. 488/95-ВР dated 22.12.95; as amended by Law No. 2212-IV of 18.11.2004; as amended by Law No. 2939-IV of 05.10.2005}

Every year until May 5, family members referred to in paragraph 1 of Article 10 of this Law, as well as wives (husbands) of deceased war invalids who have not married a second time, and wives (husbands) of deceased combatants, war veterans recognized as disabled for life from general illness, labor injury and for other reasons who have not married a second time, are paid one-time monetary assistance in size,  determined by the Cabinet of Ministers of Ukraine within the budgetary appointments established by the law on the State Budget of Ukraine.

{Article 15 is supplemented by part according to the Law No. 367-XIV of 25.12.98; as amended by Law No. 107-VI of 28.12.2007 - the amendment was declared unconstitutional in accordance with the Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008}

{For the effect of part five of Article 15, additionally see Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, Constitutional Court Decision No. 6-rp/2007 of 09.07.2007}

Privilege for admission to higher educational institutions, provided for in paragraph 23 of this Article shall be granted to the children of combatants referred to in paragraph 1 of Article 10 of this Law in the territory of other States who have died (gone missing) or died as a result of injury, concussion or injury received during hostilities and conflicts on the territory of other States, as well as as a result of a disease associated with staying in the territory of other States during these actions and conflicts.

{Article 15 is supplemented by part in accordance with Law No. 944-XIV of 14.07.99}

Family members of persons referred to in paragraphs four to eight of paragraph 1 of Article 10 of this Law, at the expense of the state budget, are appointed and paid one-time cash assistance in connection with the death (death) of a family member in the amount determined by subparagraph "a" of paragraph 1 of Article 16-2 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Members of Their Families". If a person in connection with the death (death) of a family member at the same time has the right to receive one-time cash assistance provided for in this part and one-time cash assistance in accordance with other laws of Ukraine, the payment of monetary amounts is made on one of the grounds of the choice of such person. The procedure for the appointment and payment of one-time cash assistance is determined by the Cabinet of Ministers of Ukraine.

{Article 15 is supplemented with a new part in accordance with Law No. 735-VIII of 03.11.2015}

To establish that the benefits provided for in paragraphs 1, 2, 4, 5, 6 and 20 of part one of this Article are provided provided if the size of the average monthly total family income per person for the previous six months does not exceed the amount of income entitled to a tax social benefit in the manner determined by the Cabinet of Ministers of Ukraine.

{Article 15 is supplemented by part in accordance with Law No. 76-VIII of 28.12.2014 - regarding the entry into force of the provisions of this Law. "Final provisions"}

The provisions of part eight of this article shall not apply to persons specified in paragraphs four to eight and fourteen of Paragraph 1 of Article 10 of this Law.

{Article 15 is supplemented by part nine in accordance with Law No. 967-VIII of 02.02.2016}