LEGAL NATURE OF SINGLE CASH AID IN THE CASE OF THE DEATH OF A MILITARY SERVANT

Abstract

The article is devoted to the clarification of the legal nature of one-time monetary assistance in the event of the death of a serviceman, as well as the corresponding personal order regarding this assistance in the event of his death. It is a well-founded position that such assistance is not an element of the composition of the inheritance, taking into account its specific features. Thus, unlike the heirs, recipients of the aid under investigation do not acquire the duties of a deceased serviceman and are not required to notify creditors of the latter’s death. In addition, the right to receive a one-time cash benefit in the event of the death of a serviceman is exercised within three years from the date of the emergence of such a right, which is related to the date specified in the person’s death certificate. Recipients of one-time cash assistance do not coincide with the circle of heirs according to the law of the first order. It is emphasized that the terminology of inheritance law does not apply to such assistance. In particular, persons who are entitled to receive a one-time cash benefit are not named as heirs, the time of the death or death of a serviceman is not indicated as the time of the opening of the inheritance, etc. The right to receive the researched assistance arises as a result of the person’s death, which makes inheritance impossible in this case. The essence of universal legal succession is the transfer of rights and obligations from the testator to his heirs. It is emphasized that the one-time monetary assistance in the event of the death of a serviceman has a compensatory nature, which is aimed at materially supporting family members (parents, children, spouse) and dependents of a deceased serviceman after the loss of a loved one. A military serviceman’s personal order to pay a one-time cash benefit to a certain person in the event of his death (death) is not a type of will. In its essence, this personal order is close to the order of a depositor of a bank (financial institution) in the event of his death, which is defined in Part 1 of Art. 1228 of the Civil Code of Ukraine.