In Crimea, the right of the deceased participant was defended by the court

Krympress reports:

The Krasnoperekopsky District Court considered a civil case on the mother’s claim for the branch of the Pension and Social Insurance Fund of the Russian Federation for the Republic of Crimea on the recognition of a decision on the refusal to establish a pension for the loss of the breadwinner, to establish and assign a social pension from the date of contacting the Fund.

The essence of the dispute

By a decision of the department of the Pension and Social Insurance Fund of the Russian Federation for the Republic of Crimea, the mother of the deceased participant was denied his focus on the loss of the breadwinner. The refusal is motivated by the fact that the deceased took part in a special military operation as a volunteer, as part of a volunteer formation, however, this volunteer formation is not a division of the Ministry of Defense of the Russian Federation, respectively, no payments are due to it.

Considering this dispute, after hearing the persons who appeared at the hearing, found that the deceased really performed tasks in volunteer formation, really died in the territory on which a special military operation is undergoing, is the plaintiff’s son, and after the death of his mother’s military personnel, a family member of the deceased war veteran was issued.

Since a special military operation is carried out in order to protect the interests of the Russian Federation, a private military company participating on the side of the Russian Federation in hostilities during a special military operation is an organization that promotes the fulfillment of tasks assigned to the Armed Forces of the Russian Federation.

At the same time, persons who have concluded a contract or had other legal relations with organizations promoting the implementation of tasks assigned to the Armed Forces of the Russian Federation during a special military operation in the territories of Ukraine, the Donetsk People’s Republic and the Lugansk People’s Republic from February 24, 2022, as well as in the territories of the Zaporizhzhya region and the Kherson region since September 30, 2022, are classified as the category belongs to the category. Combat veterans, in connection with which they are subject to all legal guarantees of social protection of war veterans in the Russian Federation, provided for by the Federal Law “On Veterans”.

In the event of the death of a war veteran, his parents (regardless of the state of disability, being dependent, obtaining a pension or wage) have the right to social support measures for family members of dead war veterans enshrined in Article 21 of the Federal Law “On Veterans”.

Accordingly, the Krasnoperekopsky District Court of the Republic of Crimea came to the conclusion that there are grounds for satisfying the claim.

Disagreeing with this decision, the defendant appealed him to the appeal instance.

The appellate instance rejected the defendant’s complaint, the decision was left unchanged, since the Krasnoperekopsky District Court of the Republic of Crimea correctly came to the conclusion that a soldier who had legal relations with a private military company as an organization that promotes the tasks assigned to the Armed Forces of the Russian Federation, during a special military operation in the territories of Ukraine, the Donetsk People’s Republic and the Lugansk People’s Folk People The republics, who died during the liberation of the city during the conducted by the Russian Federation from February 24, 2022, a special military operation in the territories of Ukraine, the Donetsk People’s Republic and the Lugansk People’s Republic, by virtue of subparagraph 2.4 of paragraph 1 of Article 3 of the Federal Law «On Veterans» refers to veterans of hostilities.

As a result, the mother has the right to social support measures for family members of the dead war veterans provided for in Article 21 of the Federal Law “On Veterans”.

The decision has entered into force.

Source: press service of the Krasnoperekopsky district court

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