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The document ceased to be valid since  December 18, 2015 according to the Resolution of the Cabinet of Ministers of Ukraine of  December 2, 2015 No. 1010

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 25, 2013 No. 973

About approval of the Procedure for adoption by the commission of body of the income and charges the decision on payment of lump-sum allowance in case of causing to his official on duty bodily harms or her death

According to Item 346.5 of article 346 of the Tax Code of Ukraine and part five of Article 590 of the Customs code of Ukraine the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for adoption by the commission of body of the income and charges the decision on payment of lump-sum allowance in case of causing to his official on duty of bodily harms or her death that is applied.

Prime Minister of Ukraine

N. Azarov

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 25, 2013 No. 973

Procedure for adoption by the commission of body of the income and charges the decision on payment of lump-sum allowance in case of causing to his official on duty bodily harms or her death

1. This Procedure determines the mechanism of adoption by the commission of body of the income and charges the decision on payment at the expense of means of the government budget of lump-sum allowance to the official of body of the income and charges to which bodily harms are caused during accomplishment by it of service duties, or family of the official of such body who died in connection with execution of service duties by it, and in case of their absence - to persons which were dependent on person, the dead (further - lump-sum allowance).

The family members and persons who were in dependence are determined by the Family code of Ukraine.

2. For adoption by the commission of body of the income and charges of the decision on payment of lump-sum allowance to the official of body of the income and charges to which bodily harms are caused during accomplishment of service duties by it such person submits to body of the income and charges in the place of the work the written application about payment of lump-sum allowance for the form established by Mindokhod together with the copy of conviction of the court which took legal effect, or resolutions of investigating bodies or the prosecutor on the termination of criminal proceedings on not rehabilitating bases.

3. For adoption by the commission of body of the income and charges of the decision on payment of lump-sum allowance in case of death of his official in connection with accomplishment of service duties by it members of the family of such person, and in case of its absence - persons who were on content of person died, submit to body of the income and charges in the place of its work the statement for payment of lump-sum allowance in the form established by Mindokhod together with:

1) copies:

death certificates of the official of body of the income and charges;

conviction of the court which took legal effect, or resolutions of investigating bodies or the prosecutor on the termination of criminal proceedings on not rehabilitating bases;

marriage certficates or the birth of child(children) or the birth of person, dead (in case of payment of lump-sum allowance to the wife (husband) or child(children) or parents);

pages of the passport of the applicant with data on surname, name, middle names, issue of the passport and place of registration;

the document certifying registration of the applicant in the State register of physical persons - taxpayers, issued by body of the income and charges (for the applicant, owing to the religious beliefs refuses adoption of registration number of accounting card of the taxpayer, officially reported about it relevant organ of the income and charges and has mark in the passport of the citizen of Ukraine, - the copy of the page of the passport with such mark);

the certificate of appointment as the guardian or the custodian (in case of implementation of guardianship or custody over children of person, the dead);

the judgment or notarially certified legal transaction that confirm the fact of finding of the applicant dependent on person who died, to her death (in case of payment of lump-sum allowance to persons, were not members of the family of person, the dead, but were in its dependence);

2) the certificate of higher education institution of the I-IV level of accreditation or professional educational institution of training at day form of education (in case of payment of lump-sum allowance to the full age children who did not reach 23 years);

3) certificate of the housing and operational company, organization or local government body of family composition, place of registration or place of stay of the applicant.

4. The documents submitted according to Item 2 or 3 of this Procedure are considered by the commission formed by body of the income and charges which operating procedure is determined in provision that affirms Mindokhod.

By consideration of documents the commission determines availability at the applicant of the right to lump-sum allowance.

The causal relationship between causing to the official of body of the income and charges of bodily harms or death of such person and accomplishment of service duties by it is established by the commission based on the act of the accident connected with production in the N-1 form according to appendix 4 to the Procedure for conducting the investigation and accounting of accidents, occupational diseases and accidents on production approved by the resolution of the Cabinet of Ministers of Ukraine of November 30, 2011 No. 1232 (The Official Bulletin of Ukraine, 2011, No. 94, the Art. 3426), or based on the judgment about factual determination of getting injured on production.

By results of consideration of documents the commission makes the decision on payment of lump-sum allowance or refusal in its payment. The term of consideration of documents and decision making by the commission shall not exceed 30 calendar days from the date of receipt of all necessary documents.

5. In case of decision making about refusal in payment of lump-sum allowance the body of the income and charges from the date of its acceptance sends to two weeks to the applicant the written notice with indication of causes of failure.

The decision on refusal in payment of lump-sum allowance is made in case of establishment by the commission on results of consideration of the documents submitted according to Item 2 or 3 of this Procedure, the absence fact at the applicant of the right to such help.

The decision on refusal in payment of lump-sum allowance can be appealed judicially.

6. The applicant can show to body of the income and charges of the requirement about payment of lump-sum allowance within three years from the date of approach of the event granting the right to its obtaining.

7. The disputes arising between the applicant and body of the income and charges are solved in the procedure established by the legislation.

 

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