15 million UAH in case of a soldier's death: The Supreme Court clarified the conditions for one-time financial assistance payment
The right to receive one-time financial assistance, provided for in paragraph 2 of the Cabinet of Ministers' resolution dated February 28, 2022, No. 168 "Issues of certain payments to servicemen, enlisted and commanding personnel, police officers and their families during martial law" (Resolution No. 168), arises in the event of the death of a serviceman during martial law, as well as in the event of the death of a serviceman for which a causal link with injury (concussion, trauma, or disability) sustained while defending the Fatherland, participating in combat operations, or ensuring national security and defense measures is established.
This conclusion was made by the judicial panel for the consideration of cases regarding the protection of social rights of the Cassation Administrative Court within the Supreme Court in a case where the plaintiffs – family members of a serviceman who died from illness while performing military service duties during martial law – challenged their right to receive one-time financial assistance in the amount of 15,000,000 UAH.
The judicial panel noted that the provisions of paragraph 2 of Resolution No. 168 should be applied in systemic connection with the provisions of the Law of Ukraine dated December 20, 1991, No. 2011-XII "On social and legal protection of servicemen and their families" and cannot be interpreted separately from it.
The court emphasized that the conclusion of the military medical commission about the connection of the illness with the defense of the Fatherland or military service itself is not an unconditional basis for applying paragraph 2 of Resolution No. 168 if the case materials do not confirm the circumstances with which the mentioned resolution associates the emergence of the right to the respective payment.
The death of a serviceman due to illness does not exclude the possibility of awarding one-time financial assistance in an increased amount if, based on medical documents, it is established that such death, regardless of the immediate clinical mechanism of its occurrence, is causally linked to injury (concussion, trauma, or disability) sustained under the circumstances defined in paragraph 2 of Resolution No. 168.
Also, the Supreme Court concluded that in the absence of grounds for applying paragraph 2 of Resolution No. 168, the issue of appointment and payment of one-time financial assistance is resolved in accordance with the provisions of Law No. 2011-XII and Procedure No. 975, taking into account the grounds and conditions for providing the respective social guarantees established therein.
The decision of the Cassation Administrative Court of the Supreme Court dated June 16, 2026, in case No. 620/10029/24 (proceeding No. K/990/19427/25) has not yet been published in the Unified State Register of Court Decisions.
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