of December 30, 2016 No. ZR-245
About compensation of damage caused to life or health of the military personnel during defense of the Republic of Armenia
Accepted by National Assembly of the Republic of Armenia on December 16, 2016
The purpose of this Law is implementation of the special system providing compensation of the damage caused to life or health of the military personnel in time or owing to the attacking action of the opponent, participation in fighting or accomplishment of special task (further - fighting) on the line of contact with the opponent.
1. This Law governs the relations connected with compensation of damage, assistance, established by this Law, caused to life or health of the military personnel as a result of military operations, and also establishes procedure and conditions of creation and activities of compensation fund.
1. According to this Law, beneficiaries the military personnel is, to life or health of which the damage as a result of military operations was caused. In sense of this Article:
1) the damage caused to the serviceman's life the death of the serviceman (death) or its loss without message is considered;
2) the damage caused to health of the serviceman loss of efficiency of the serviceman as a result of getting injured is considered.
2. As the military personnel are considered:
1) the person passing conscription or contractual or mobilization military service in armed forces of the Republic of Armenia, or participating in the actions performed within preparation of reserve in the procedure established by the law and participating and which are involved in fighting;
2) the person participating and participating in territorial defense and in fighting or not being on military service, but written down by the volunteer for participation in fighting (further - the volunteer). The fact that person was not on military service and registered the volunteer for the purpose of participation in fighting and participates or was involved in fighting, is confirmed by the reference of the Ministry of Defence of the Republic of Armenia which procedure for issue is established by the order of the Government of the Republic of Armenia.
3. In case of death (death) or recognition it is unknown absent the serviceman, as the beneficiary are considered:
1) spouse (a) of the serviceman;
3) parent (parents);
4) the sister and the brother who did not reach 18 years on condition of date of incident of case of compensation either recognized incapacitated or students in presentia the sister and the brother aged up to 23 years and also the sister and the brother with disability who are under the care of the serviceman if they were recognized as persons with disability to 18 years. At the same time, the sister and the brother are considered as beneficiaries if their parents or the single parent died or have working capacity restriction not below the third degree;
5) the person which is not with the serviceman in the registered scrap and having the child, joint with it. The face divorced with the serviceman, however the having child, joint with it, is not considered the beneficiary if based on Item 1 of this part it is not appointed (it cannot be appointed) compensation amount.
4. In case of absence of the beneficiaries specified in article 3 of this article, the beneficiary also other person is considered if judicially it is determined that:
1) on condition of date of case of compensation this person was under the care of the serviceman and had the right to disability pension or to working life.
2) the serviceman was under its guardianship before the expiration of 18 years.
4.1. In the absence of the beneficiaries specified in parts 3 and 4 of this Law, also the brother and the serviceman's sister are considered as beneficiaries if earlier as regards this serviceman any beneficiary did not receive the amount.
5. Compensation case (further - compensation case) damnification of life or to health of the serviceman is considered during the fighting made after January 1, 2017. The case of compensation is considered taking place if:
1) the serviceman died (died) during fighting or within five years after the end of combat operation as a result of injury received in fighting;
2) the serviceman was recognized as the missing person during fighting according to the procedure, established by the law if the serviceman was not found prior to compensation payment;
3) the serviceman became disabled the first or second group as a result of the injury got during fighting or is recognized as person with disability with restriction of functionality of deep or heavy degree.
6. According to this Law, case of compensation the case when death (death) or acquisition of disability of the serviceman is result of intentional offense is not considered.
7. In sense of parts 3 and 4 of this Article, physical not existence of the corresponding beneficiaries is considered absence of beneficiaries, including recognition it is unknown absent or died judicially either deprivation of the parent rights or lack of the corresponding status.
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