TCC or military unit: the court clarified who processes pension documents for the family of a deceased serviceman

The Zhytomyr District Administrative Court reviewed case No. 240/29237/25 based on a lawsuit filed by the father of a deceased serviceman against the military unit regarding the recognition of unlawful inaction related to the untimely provision of documents for pension processing due to the loss of a breadwinner, as well as claims for moral damages and material losses.

The court examined whether the military unit is obligated to deliver to the relatives of the deceased serviceman the death notification and documents necessary for pension payments, and whether there are grounds for compensation for moral damages due to delays in processing such documents.

Case essence

The plaintiff is the father of a serviceman who served in the Armed Forces of Ukraine and died during service.

Previously, the Zhytomyr District Administrative Court recognized as unlawful and annulled the order of the military unit commander dated May 6, 2023, No. 108, in the part concerning the deceased serviceman. Upon re-examination of the materials, the Central Military Medical Commission linked the serviceman's death to military service.

The plaintiff stated that the death notification, monetary certificate, and pay statements were provided only at the end of 2025. He believes that due to the effect of the annulled order and the untimely processing of documents, he was for a long time deprived of the opportunity to obtain the status of a family member of the deceased Defender of Ukraine, apply for a pension due to the loss of a breadwinner, and use the social guarantees provided by law.

Therefore, the plaintiff requested to recognize the military unit's inaction regarding the untimely issuance of documents necessary for pension processing due to the loss of a breadwinner as unlawful, and to recover moral damages and losses which, in his opinion, were caused by the order and delay in document processing.

The proceedings concerning the claim to recognize order No. 108 dated May 6, 2023, as unlawful were closed, and the court considered only the claims regarding the military unit's inaction and compensation for damages.

Court's position

The court noted that according to Article 19 of the Constitution of Ukraine, state authorities and their officials are obliged to act only on the basis and in the manner prescribed by law.

Analyzing the regulatory framework, the court examined provisions of the Law of Ukraine "On Pension Provision for Persons Released from Military Service and Some Other Persons," the Law of Ukraine "On Military Duty and Military Service," the Regulation on the Service of Citizens of Ukraine in the Armed Forces of Ukraine, as well as the Instruction on the Organization of Personnel Accounting in the Ministry of Defense of Ukraine system, approved by the Ministry of Defense Order No. 280.

The court stated that Instruction No. 280 defines the procedure for informing families of deceased servicemen. The military unit commander, upon receiving reliable information about the death of a serviceman, is obliged to send the appropriate notification to the territorial recruitment and social support center. At the same time, the responsibility to deliver the death notification to the family or close relatives of the deceased serviceman, inform them about the legal benefits, and explain the procedure for pension and other payments lies with the respective territorial recruitment and social support center.

Accordingly, the court concluded that the obligation to deliver the death notification to the family of the deceased serviceman lies not with the military unit but with the territorial recruitment and social support center. Therefore, there are no grounds to consider the military unit's inaction regarding the untimely issuance of the death notification unlawful.

The court also analyzed the provisions of the Instruction on the organization of work to ensure social payments to persons released from military service and their family members in the Ministry of Defense of Ukraine, approved by Ministry of Defense Order No. 937.

The court noted that the processing and submission of documents for pension assignment to family members of deceased servicemen is assigned to regional territorial recruitment and social support centers. These bodies carry out the processing and transfer of necessary documents to the authorities responsible for pension assignment.

Conclusions of the Court

Considering the claim for compensation of moral damages, the court indicated that such a claim is derivative from claims recognizing unlawful actions or inaction of a public authority and can be satisfied only if a corresponding violation is established.

Since the court did not find unlawful inaction by the military unit during the case review, there are no grounds for awarding moral damages.

Furthermore, the court noted that the plaintiff did not provide sufficient evidence confirming the nature, extent, and duration of moral suffering, did not prove a causal link between the defendant's actions and the claimed damage, nor justified the amount of claimed compensation.

As a result of the case review, the Zhytomyr District Administrative Court dismissed the administrative claim in full.

The court's decision may be appealed by filing an appeal directly to the Seventh Administrative Court of Appeal within thirty days from the date of the full court decision.

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