SPECIFIC FEATURES OF THE LEGAL STATUS OF FAMILIES OF FALLEN AND MISSING-IN-ACTION MILITARY PERSONNEL AS SUBJECTS OF SOCIAL AND LEGAL PROTECTION

Abstract

This article provides a scientific and practical analysis of the specific features of the special legal status of the families of fallen (deceased) and missing-in-action military personnel as independent subjects of social and legal protection. Based on a systematic analysis of the legislation, it is demonstrated that the legal status of military personnel’s families is strictly determined by the underlying legal fact (death or disappearance), which results in a fundamental difference in their statuses. For the families of the deceased, the scope of beneficiaries is legally narrowed due to the state’s compensatory function (payment of a one-time monetary benefit), whereas for the families of those missing in action, the list is expanded to the maximum extent possible to ensure effective representation and the fulfillment of investigative and protective functions. Significant attention has been paid to identifying real barriers to accessing guaranteed benefits. It has been found that the key obstacle remains the excessive formalization of the procedure for confirming family ties. The inflexible approach of administrative bodies (the TCC and SP, financial services) to evaluating the evidencesuch as rejecting Soviet-style documents or failing to account for technical discrepancies in surnames-unjustifiably shifts the burden of proof onto families. This forces citizens to turn to the courts in masse to establish facts of legal significance, overburdening the judicial system. A discriminatory gap in the legislation (specifically in Order No. 884) regarding the protection of property rights of de facto spouses is analyzed separately. The paper highlights a regulatory paradox: in the event of a servicemember’s death, such individuals may claim financial assistance after a court confirms their cohabitation, whereas in the case of a servicemember’s disappearance without a trace, they are legally completely deprived of access to his or her financial support. It is argued that this imbalance leaves the de facto family unprotected, provokes property disputes among relatives, and creates conditions for abuse of rights. The need to eliminate artificial bureaucratic obstacles during the process of confirming family member status and to establish effective coordination among government registries was emphasized.