A soldier won a court payment of 100,000 hryvnias for treatment after an FPV injury in Donetsk region
The Volyn District Administrative Court considered in written proceedings under the simplified administrative claim procedure a case filed by a serviceman against a Military Unit regarding the recognition of unlawful inaction and the obligation to take action.
Case circumstances
The plaintiff requested to recognize the inaction of the military unit as unlawful for not calculating and paying him an additional reward provided by the Cabinet of Ministers of Ukraine Resolution No. 168 dated 28.02.2022 "On certain payments to servicemen, rank-and-file and commanding staff, police officers and their families during martial law," increased to 100,000 hryvnias per month, proportionally to the days of inpatient treatment and leave for treatment after a severe injury related to the defense of the Fatherland, for the periods from 31.03.2025 to 08.04.2025, from 17.04.2025 to 16.05.2025, from 16.05.2025 to 26.05.2025, from 17.07.2025 to 22.07.2025, from 22.07.2025 to 28.07.2025, from 28.07.2025 to 27.08.2025, from 19.09.2025 to 02.10.2025, and from 02.10.2025 to 01.11.2025, and to oblige the military unit to calculate and pay the specified additional reward.
The plaintiff served under mobilization in Military Unit NUMBER_1 from 19.11.2024 to 17.01.2026 and was discharged to the reserve. On 31.03.2025, while performing a combat mission near the settlement of Pokrovsk in Donetsk region, he sustained a combat injury (explosive injury, acoustic barotrauma with perforation of the right eardrum, contusion of the right eye) as a result of being hit by an FPV-type unmanned aerial vehicle.
Due to the injury, the plaintiff was hospitalized and on leave for treatment due to health reasons. He repeatedly submitted reports and supporting documents to the command, but the additional reward for the disputed periods was not paid.
The case materials confirmed the fact of injury and its circumstances (injury circumstances certificate No. 807 dated 15.05.2025), as well as the conclusions of military medical commissions, which established a causal link between the injury and military service, and in subsequent certificates — with the defense of the Fatherland, the severity of the injury (severe or mild), and the necessity of treatment and leave.
The representative of the military unit in the response to the claim did not acknowledge the demands, citing the absence in some military medical commission certificates of the wording "related to the defense of the Fatherland," the absence of reports for certain periods, and the mild severity of the injury in one of the periods.
Court decision
The Volyn District Administrative Court in case No. 140/2582/26 issued a decision partially satisfying the claim.
The court recognized the inaction of the Military Unit as unlawful regarding the failure to calculate and pay the additional reward increased to 100,000 hryvnias per month, proportionally to the days of inpatient treatment and leave for treatment after a severe injury related to the defense of the Fatherland, for the periods from 31.03.2025 to 08.04.2025, from 17.04.2025 to 26.05.2025, from 17.07.2025 to 28.07.2025, from 29.07.2025 to 27.08.2025, and from 19.09.2025 to 02.10.2025.
The court obliged the Military Unit to calculate and pay the plaintiff the corresponding additional reward for these periods. The rest of the claims were denied.
The court established that the plaintiff sustained a combat injury while performing military service duties in the conditions of defending the Fatherland. Available military medical commission certificates and medical documents confirm inpatient treatment and leave for treatment during the disputed periods precisely due to this injury.
The court referred to the Cabinet of Ministers of Ukraine Resolution No. 168 (as amended), particularly points 1-2, according to which an additional reward of 100,000 hryvnias is paid, among others, to servicemen who, due to injury (concussion, trauma, disability) related to the defense of the Fatherland, are hospitalized or on leave for treatment after a severe injury as confirmed by the military medical commission.
The court noted that the absence of the wording "related to the defense of the Fatherland" in the first military medical commission certificate was due to the absence at that time of the injury circumstances certificate, which appeared later, and subsequent military medical commission conclusions confirmed such a link. For payment during inpatient treatment, the severity of the injury is not a mandatory condition, unlike for leave for treatment.
Regarding periods with mild injury severity (in particular after 02.10.2025) and some other claims, the court refused due to the absence of grounds provided by Resolution No. 168.
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