RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 21, 2021 No. 391

About approval of the Procedure and conditions of payment of the one-time monetary assistance in case of death (death), disability or partial disability without establishment of disability of employees of personnel structure of prospecting bodies

According to parts one and the fourth article 38 of the Law of Ukraine "About investigation" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure and conditions of payment of the one-time monetary assistance in case of death (death), disability or partial disability without establishment of disability of employees of personnel structure of prospecting bodies who are applied.

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of November 21, 2007 No. 1331 "About approval of the Procedure and conditions of payment of the one-time monetary assistance in case of death (death), wound (contusion, injury or mutilation) or disability of employees of personnel structure of prospecting bodies" (The Official Bulletin of Ukraine, 2007, No. 89, the Art. 3255);

Item of 49 changes which are made to resolutions of the Cabinet of Ministers of Ukraine in connection with adoption of the Criminal Procedure Code of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of September 19, 2012 No. 868 (The Official Bulletin of Ukraine, 2012, No. 71, the Art. 2870).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 21, 2021 , No. 391

Procedure and conditions of payment of the one-time monetary assistance in case of death (death), disability or partial disability without establishment of disability of employees of personnel structure of prospecting bodies

1. These the Procedure and conditions determine the mechanism of appointment and payment of the one-time monetary assistance in case of death (death), disability or partial disability without disability establishment (further - the one-time monetary assistance) employees of personnel structure of the prospecting bodies which came in connection with execution of job (office) responsibilities by them and also the extent of the one-time monetary assistance paid in case of partial disablement without disability establishment to such employees.

2. Employees of personnel structure who are military personnel are considered fulfilling job (office) responsibilities, in the conditions determined by the Law of Ukraine "About conscription and military service" within the obligations which are directly connected with the organization, implementation and ensuring intelligence activities.

Employees of personnel structure who are government employees are considered fulfilling job (office) responsibilities during implementation of professional activity by them during passing of public service within the job responsibilities provided by regulatory legal acts and the contract (in case of the conclusion), which are directly connected with the organization, carrying out and ensuring intelligence activities.

3. Day of emergence of the right to the one-time monetary assistance are:

in case of death (death) of the employee of personnel structure - the date of death specified in the death certificate;

in case of disability establishment - the date specified in the reference of medico-social commission of experts, and in case of repeated survey and change of group of disability - the date specified in the certificate of medico-social commission of experts of primary establishment of disability;

in case of establishment of partial disability without disability establishment - the date specified in the certificate of medico-social commission of experts of results of determination of extent of disability as a percentage.

4. The one-time monetary assistance is appointed in case of death (death) of the employee of personnel structure owing to the wound (contusion, injury or injuries) sustained by it in case of execution of job (office) responsibilities.

5. The one-time monetary assistance is appointed and paid equal by installments to the family members, parents, adoptive parents and persons who were dependent on the died (died) employee of personnel structure (except cases when content happens under civil agreements) (further - dependents), in the amount of, determined by part two of article 38 of the Law of Ukraine "About investigation", using the size of the subsistence minimum established by the law for able-bodied persons for January 1 of calendar year in which there occurred death (death).

If one of persons refuses receipt of the one-time monetary assistance, its share is distributed between other persons who have the right to its obtaining.

The declaration of abandonment of receipt of the one-time monetary assistance shall be it is notarially certified in the procedure established by the legislation.

Family members, parents and adoptive parents of the died (died) employee of personnel structure are determined according to the Family code of Ukraine, and dependents - according to the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons" or by a court decision.

6. The one-time monetary assistance is appointed and paid in case of disability establishment to the employee of personnel structure owing to the wound (contusion, injury or injuries) sustained by it in case of execution of job (office) responsibilities or disability establishment to the dismissed from service employee of personnel structure owing to the specified reasons in the sizes determined by part three of article 38 of the Law of Ukraine "About investigation" using the size of the subsistence minimum established by the law for able-bodied persons for January 1 of calendar year in which disability is for the first time established.

7. In case of partial disablement without disability establishment the lump-sum allowance is paid depending on degree of disability which is established by medico-social commission of experts, to the employee of personnel structure who was wounded (contusion, injury or mutilation) in case of execution of job (office) responsibilities by it that gave to partial disabilities without disability establishment, in the amount of which is determined as a percentage using 70-fold subsistence minimum established by the law for able-bodied persons for January 1 of calendar year in which extent of disability is established.

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