Death during SVO proved in court – Picture of the day – Kommersant
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The court of Ufa, at the request of the military prosecutor, recognized the fact of the death of a contract major during the performance of a combat mission in Ukraine. The body of a 45-year-old soldier was discovered on March 6 after an artillery attack. His remains were not included in the 111th Main State Center for Forensic and Forensic Examinations of the Russian Defense Ministry, since the KamAZ transporting the bodies of the dead was destroyed during another shelling. Recognition of the fact of death during the SVO is necessary for the relatives of the serviceman to receive payments provided for by law. Thus, the wife of the deceased, Natalya Nizamova, managed to get 5 million rubles. from the federal and 2 million rubles. from regional budgets. As Kommersant was told in the joint press service of the courts of Bashkiria, it is impossible to establish the number of such cases, since decisions on them are usually not published on the Internet, and statistics are not kept.
The military prosecutor of the Totsk garrison spoke in the Demsky District Court of Ufa in defense of the rights and legitimate interests of Mrs. Nizamova. Her husband served in a unit stationed in the village of Totskoye Second (Orenburg Region) as head of the rear food service. In 2022, the contract major received an order and “as part of his unit, left for the territory of Ukraine to participate in a special military operation.”
The oversight agency established that the serviceman died on March 6, after the enemy fired artillery at the positions. The major’s body was transferred to the field morgue, after which it was sent to the territory of Russia. However, the KamAZ truck, which was transporting the remains of the dead, also came under shelling and was destroyed. These circumstances are confirmed by extracts from the orders of the commander of the military unit where the deceased served, the explanations of the captain, senior lieutenant, ensign, junior sergeant, captain, senior lieutenant and senior radio operator, the case file says.
The head of the branch of the FGKU “111th Main State Center for Forensic and Forensic Examinations” of the Ministry of Defense of the Russian Federation reported that the corpse of the husband of Natalya Nizamova was not received by the medical institution and was not examined.
The head of the department of the registry office of the administration of the Totsk district told the relatives of the serviceman that a death registration certificate could not be issued “due to the failure to provide a medical certificate of death.”
Confirmation of the fact of death was necessary to exclude the deceased major from the lists of personnel of the unit, as well as “for the realization by his wife and other relatives of social rights and guarantees”, for entering into an inheritance, the case notes.
According to the decree of President Vladimir Putin, in the event of the death of a participant in a special operation, his family receives a lump sum payment of 5 million rubles. from the federal budget. In Bashkiria, there are regional one-time payments to the families of fallen servicemen in the amount of 2 million rubles.
Family members have the right to apply for state support within three years from the date of the death of a participant in the special operation, according to the decree of the head of Bashkiria, Radiy Khabirov.
The court concluded that the death of a serviceman in the course of a combat mission in Ukraine was confirmed by the case file.
It should be noted that according to the data of the joint press service of the courts of Bashkiria, in the district courts of the republic for 11 months of this year, 115 cases were considered on recognizing a citizen as missing or dead. However, it is impossible to determine how many of these cases concern those who died during a special military operation, since the texts of judicial acts issued in such cases, as a rule, cannot be posted on the Internet, and statistics are not kept, the press service told Kommersant.
Lawyer Roman Petrov predicts that the number of such cases will increase in the future due to the need to confirm the fact of the death of military personnel in the zone of the Russian special operation in Ukraine so that their relatives can receive payments stipulated by law: “Similar cases were previously considered, the principals asked to recognize relatives of the dead by participants in the anti-terrorist operation during the second Chechen campaign. However, as a rule, such cases are considered by the garrison courts.
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