Procedure for payment of service remuneration to service members who are in captivity, held hostage, interned in neutral countries, or listed as missing in action

The Ministry of Defence of Ukraine clarifies the procedure for paying service remuneration to service members in the event of capture or being declared missing in action.

Payments are not made automatically; instead, they are assigned to specific individuals. Primarily, this may be an individual or several individuals designated in advance by a service member in a personal directive.

If no such directive has been issued, the payments may be disbursed to: 

Individuals of the first priority, except those entitled to alimony payments (where no personal directive exists):

• Spouse
• Minor children
• Children with disabilities from childhood, regardless of age
• Parents who have not been deprived of parental rights

Individuals of the second priority, represented by a service member as their legal guardian, where no personal directive exists and no first-priority individuals are present:

• Adult children
• Natural brothers and sisters

Important note! Payments are not made if a service member voluntarily surrenders, goes AWOL, or deserts.

How a service member can issue a personal directive

This document allows a service member to designate individuals (including themselves or no one) who are entitled to receive a portion of their service remuneration, as specified in percentage terms. 

Also, a service member has the right to replace a personal directive with a new one or cancel it at any time at their own request. A service member also has the right to amend or revoke a personal directive at any time at their discretion.

To formalize a personal directive, a service member is required to: 

1. Submit a statement in free written form;
2. Have their signature on the statement verified by the unit commander or a notary;
3. Deposit the directive for safekeeping or attach it to their personal file in the military unit. (If the signature is certified by the unit commander – within one day; if by a notary – within 30 days.)

Payments of service remuneration shall not be made to:

• Individuals convicted of state treason, collaboration, or assisting the aggressor state;
• Citizens of the russian federation or the republic of belarus, as well as individuals permanently residing in these countries.

Which documents need to be submitted, and where to submit them to receive payment 

After a service member is officially declared captured or missing in action by the unit commander’s order, the documents must be submitted to any conveniently situated enlistment office, irrespective of the service member’s registration location.

Required documents: 

1. An application specifying the bank name and the current account number in IBAN format for the transfer of funds;
2. A copy of a passport or temporary Ukrainian identity card (for foreigners – a copy of a passport or an official document confirming statelessness);
3. A copy of the taxpayer identification card (RNOKPP identification code);
4. Copies of documents verifying family relationships:
   1. For a spouse – marriage certificate or an official extract from the civil registry confirming the marriage;
   2. For a child – a birth certificate or an official extract from the civil registry confirming the birth;
   3. For parents – a service member’s birth certificate or an official civil registry extract confirming the birth (if parental rights were terminated – a court ruling restoring those rights).
5. Copies of documents confirming:
   1. The designation of a person as guardian or adoptive parent of a minor child of a service member – for disbursement to the legal representative of such children;
   2. The designation of a service member as guardian or adoptive parent of adult children or biological siblings – for payment to adult children or biological siblings;
   3. Establishment of disability – for payment to children with disabilities from childhood, regardless of age.

Procedure for receiving payments

The application for payment, along with the required documents, may be submitted to any enlistment office convenient by geographical location. The enlistment office may also be contacted for consultation.

The enlistment office shall ensure the attachment to the application for payment of copies of the documents provided by the applicant, as well as the relevant complete extracts from the State Register of Civil Status Acts, certify such copies in accordance with the established procedure, compile them into a PDF file, affix a digital signature, and transmit the file via Electronic Document Management System (СЕДО) to the military unit.

Review of the application with supporting documents and the issuance of a decision by the military unit shall be completed within 15 days of receipt.

Should the decision be positive, payments shall be issued monthly, with amounts for the preceding month transferred during the current month to the bank account specified in the application.

Amount of payments

The total amount of the payment shall be calculated on the basis of the service member’s monthly service remuneration and other types of payments, including annual financial assistance for addressing social and household needs, health assistance, and similar allowances, after deduction of alimony and other mandatory withholdings established by law.

Recipients of payments

Where a personal directive is in place:

• The beneficiary named in the personal directive shall receive the share specified therein.

If a personal directive has not been made:

• Beneficiaries of the first priority shall be entitled to 50% of the total amount in equal portions, while the remaining 50% shall be held (deposited) on behalf of a service member.
• Beneficiaries of the second priority shall be entitled to 20% of the total amount in equal portions, while the remaining 80% shall be held (deposited) on behalf of the service member.

The right to receive the service member’s service remuneration shall commence from the date on which the service member is declared captured or missing in action, as announced by the relevant order of the unit commander.

Payments shall be terminated as of the date of a service member’s release from captivity, the date on which circumstances of a potential voluntary surrender are determined, or the date of the official record of a service member’s death, as issued by the relevant order of the unit commander. 

In the event of release from captivity, all retained (deposited) service remuneration shall be paid to a service member. In the event of death, these funds shall form part of the estate.