Court Denied Payment of 15 Million Hryvnias to Civil Partner of Deceased Soldier – What Is the Reason

The Supreme Court, sitting as the Cassation Administrative Court, considered the cassation appeal of the Ministry of Defense of Ukraine in an administrative case regarding the claim to recognize as unlawful and cancel the protocol of the Ministry of Defense of Ukraine commission and to oblige the appointment of a one-time monetary assistance.

Circumstances of Case No. 280/1098/25

The plaintiff applied to the court demanding to recognize as unlawful and cancel the protocol of the Ministry of Defense of Ukraine commission on issues related to the appointment and payment of one-time monetary assistance and compensatory payments dated November 8, 2024, No. 34/d, in the part concerning the refusal to appoint one-time monetary assistance to the plaintiff and to oblige the Ministry of Defense of Ukraine to appoint and pay her one-time monetary assistance in the amount of 15,000,000 hryvnias in connection with the death of a serviceman with whom she lived as one family without registering marriage.

The claim was based on a court decision establishing the fact of living as one family without marriage registration. The Ministry of Defense commission returned the documents for revision because, at the date of the serviceman's death (2022), the plaintiff was not among the persons defined by Article 16-1 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Families" (in the version effective at the time of death) as one of the spouses.

Summary of Decisions of Previous Courts

By the decision of the Zaporizhzhia District Administrative Court dated April 8, 2025, the claim was partially satisfied.

Clause 6 of the protocol of the Ministry of Defense commission dated November 8, 2024, No. 34/d, regarding the return of the plaintiff's documents for revision, was recognized as unlawful and canceled.

The Ministry of Defense was obliged to reconsider the plaintiff's application for the appointment of one-time monetary assistance taking into account the court's legal assessment. The rest of the claim was denied.

By the ruling of the Third Administrative Court of Appeal dated November 25, 2025, the reasoning part of the first instance court's decision was amended considering the appellate court's conclusions, leaving its operative part unchanged.

The appellate court agreed with the case outcome but pointed out the necessity to apply the legislation in force at the time the right arose (the date of the serviceman's death).

Position of the Supreme Court

The Supreme Court concluded that the right to receive one-time monetary assistance arises on the date of the serviceman's death and is determined by the legislation effective at that moment.

As of the serviceman's death date (2022), Article 16-1 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Families" did not include among the persons entitled to such assistance a woman (man) living as one family without marriage registration.

The fact of living as one family without marriage registration, established by a court decision, although having preclusive significance for confirming factual relations, is not an independent basis for including a person among recipients of one-time monetary assistance under the law version effective at the time of death.

Legislative changes made in 2023–2024, which expanded the list of persons, do not have retroactive effect and cannot be applied to legal relations where the right to payment arose earlier.

The Ministry of Defense commission's decision to return the documents for revision was lawful since the plaintiff at the time of death did not belong to any category explicitly defined by law.

Previous courts incorrectly applied substantive law norms by expanding the exhaustive list of assistance recipients defined by law, which contradicts the principle of legal certainty.

What the Court Decided

The Supreme Court satisfied the cassation appeal of the Ministry of Defense of Ukraine.

The decision of the Zaporizhzhia District Administrative Court dated April 8, 2025, and the ruling of the Third Administrative Court of Appeal dated November 25, 2025, were canceled.

A new decision was made denying the claim.

The Supreme Court's ruling comes into legal force from the date of its adoption and is not subject to appeal.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook page and Instagram to stay informed about the most important events.