100,000 UAH for injury in the combat zone – court confirmed the police officer's right to full payment
The Zhytomyr District Administrative Court considered in written proceedings an administrative case filed by a police officer of the Special Purpose Police Department "United Assault Brigade of the National Police of Ukraine" regarding the recognition of actions as unlawful and the obligation to take actions.
Case circumstances
The plaintiff requested to recognize the defendant's inaction as unlawful regarding the non-accrual and non-payment of additional remuneration provided by the Cabinet of Ministers of Ukraine Resolution dated 28.02.2022 No. 168 "On certain payments to servicemen, rank-and-file and commanding personnel, police officers and their families during martial law," increased to 100,000 hryvnias per month, proportionally to the days of inpatient treatment in healthcare institutions, including the time of transfer between institutions, due to injury related to the defense of the Fatherland, for the period from 01.01.2025 to 27.01.2025 inclusive, taking into account amounts already paid, and also to oblige the defendant to make the appropriate accrual and payment.
The plaintiff, being a police officer of platoon No. 2, company No. 1, battalion 1 of the 1st regiment of the Special Purpose Police Department (assault regiment), on 31.10.2024, while performing a combat mission in the Donetsk region, was wounded (explosive trauma, gunshot shrapnel wound). The injury is related to the defense of the Fatherland, confirmed by a special investigation report of the accident.
As a result of the injury, the plaintiff underwent inpatient treatment in various healthcare institutions, including the period from 01.01.2025 to 27.01.2025. He applied to the leadership with a report requesting additional remuneration, but the defendant partially refused, considering that part of the period concerned rehabilitation treatment, which, according to the defendant, is not subject to the payment of 100,000 hryvnias.
Court decision
The Zhytomyr District Administrative Court fully satisfied the claim in case No. 240/24647/25.
The court recognized the inaction of the Special Purpose Police Department "United Assault Brigade of the National Police of Ukraine" regarding the non-accrual and non-payment of additional remuneration increased to 100,000 hryvnias per month, proportionally to the days of inpatient treatment in healthcare institutions, including the time of transfer between institutions, due to injury related to the defense of the Fatherland, for the period from 01.01.2025 to 27.01.2025 inclusive, taking into account the amounts already paid, as unlawful.
The court obliged the defendant to make the accrual and payment of the corresponding additional remuneration for the specified period.
The court established that the plaintiff was wounded during direct participation in hostilities, the injury is related to the defense of the Fatherland, and confirmed the fact of inpatient treatment in healthcare institutions during the disputed period.
The court referred to paragraphs 1-2 of the Cabinet of Ministers of Ukraine Resolution No. 168 (in the relevant edition), according to which additional remuneration of 100,000 hryvnias is paid, among others, to persons who, due to injury (concussion, trauma, disability) related to the defense of the Fatherland, are undergoing inpatient treatment in healthcare institutions, including the time of transfer between institutions.
The court noted that the legislation links the right to payment not to the type of treatment (rehabilitation or other), but to the fact of being in inpatient treatment. Rehabilitation can also be carried out in inpatient conditions, therefore the increased remuneration applies to such a period.
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