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### 1. Substance of the Act
This Order of the Ministry of Internal Affairs of Ukraine significantly reforms and streamlines the procedure for paying one-time monetary assistance (OMA) in the event of the death of servicemen of the State Border Guard Service of Ukraine during the period of martial law. The document details the mechanism for exercising the right of border guards to draw up a personal disposition regarding who will receive the payment and in what shares in the event of their death. Furthermore, the Order clearly defines the circle of persons entitled to the funds in the absence of such a disposition and establishes strict restrictions for collaborators and citizens of aggressor states. The main purpose of these amendments is to make the process of processing assistance for the families of fallen defenders more transparent and protected against abuse.
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### 2. Structure of the Act, its Key Provisions and Amendments
Legally, this document is a classic regulatory act introducing amendments. It consists of the text of the Order itself (5 clauses determining the procedure for entering into force and responsible persons) and a large annex—namely, the “Amendments to the Instruction…”, which from now on is officially renamed the “Procedure and Conditions”.
**Key amendments compared to the previous version:**
* **Change of terminology and status:** Transition from a purely internal “Instruction on the Assignment” to the broader “Procedure and Conditions”, which regulate the rights of applicants in greater detail.
* **Institute of personal disposition:** A clear algorithm for the distribution of funds based on the written expression of the serviceman’s will has been introduced.
* **Introduction of security and ethical filters:** The payment of assistance is completely prohibited to citizens of the Russian Federation and the Republic of Belarus, persons residing there, as well as persons convicted of high treason, collaborationism, or aiding the aggressor state.
* **Protection of the rights of incapacitated family members:** The concept of an “obligatory share” in the payment has been introduced, regardless of the serviceman’s will expressed in the disposition.
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### 3. Key Provisions for Practical Application (What is Important to Know)
For practical application and counseling of citizens, the key provisions of this document are as follows:
* **Three-year term:** The right to receive assistance can be exercised within 3 years from the date of the serviceman’s death (the date of the civil registry death record).
* **Obligatory share (protection of vulnerable categories):** Minor, juvenile, adult incapacitated children, incapacitated widow (widower), and incapacitated parents of the deceased shall in any case receive 50% of the share they would be entitled to by law, even if the serviceman did not specify them in their personal disposition.
* **Prohibition on waiver on behalf of children:** Parents or guardians do not have the right to waive the receipt of the share of assistance due to a minor, juvenile, or legally incapacitated child.
* **Redistribution of shares:** If one of the recipients voluntarily waives their share (with notary attestation) or has not applied for it within 3 years, this share shall be proportionally distributed among other family members entitled to the payment.
* **Online submission of documents:** The application and copies of documents can now be submitted not only in person in paper form, but also by email with the application of an electronic digital signature (EDS).
* **Conflict prevention:** If a court dispute arises between relatives regarding the right to the payment or its amount, the body of the State Border Guard Service officially suspends the payment of assistance until the court decision enters into legal force.
