Grandmother of deceased serviceman sought dependent status: how the court assessed her pension and why it refused

The Kovel City District Court of Volyn region considered an application to establish facts of legal significance for the realization of rights to social guarantees provided for family members of deceased servicemen.

The applicant asked the court to establish the fact of her belonging to the family members of her deceased grandson-serviceman, as well as the fact of being dependent on him. In her opinion, establishing these facts was necessary to exercise the right to receive benefits and payments provided by law, including as a dependent of the deceased serviceman.

Essence of the case

The court established that after the serviceman's mother was deprived of parental rights and the death of his father, the applicant was appointed guardian of five grandchildren by the decision of the executive committee of the Kovel City Council, among whom was the deceased serviceman.

After the grandchildren reached adulthood, the guardian's powers were terminated. At the same time, after the divorce, since 2021 the grandson lived with his grandmother in the village of Povorsk, Kovel district. In July 2025, he was mobilized into the Armed Forces of Ukraine, and in December 2025 he died during a combat mission in the Dnipropetrovsk region.

The applicant stated that they lived as one family, ran a joint household, and shared daily life. According to her, the grandson cared for her due to her old age and continued to provide financial assistance after mobilization by transferring funds through his sister.

To confirm these circumstances, documents regarding guardianship over the grandchildren, documents about the death of the serviceman's parents, a certificate from the local government body about the applicant being dependent on the grandson, as well as bank documents regarding money transfers were attached to the case.

The Ministry of Defense of Ukraine opposed satisfying the application and noted that the case materials did not contain sufficient evidence of the applicant being dependent on the deceased serviceman. In particular, there was no adequate confirmation of systematic financial support from the grandson.

During the case consideration, the court questioned relatives and witnesses who confirmed that the applicant and the serviceman lived together since 2021, ran a joint household, and he helped his grandmother both before mobilization and after joining the military service.

Court's position and conclusions

The court noted that according to Article 293 of the Civil Procedure Code of Ukraine, cases to establish facts of legal significance are considered in a separate proceeding.

The court also took into account the legal position of the Grand Chamber of the Supreme Court, set out in the ruling of February 11, 2026, in case No. 308/17634/25, according to which the fact of a person being dependent on a deceased serviceman can be established in a separate proceeding, and the mere denial by a state authority does not indicate the existence of a dispute over the right.

Evaluating the claim to establish the fact of the applicant's belonging to the family members of the deceased serviceman, the court referred to the Constitutional Court of Ukraine's decision of June 3, 1999, No. 5-rp/99 regarding the official interpretation of the term "family member." The court stated that family members of a serviceman may be recognized as persons who permanently live together with him and run a joint household, regardless of kinship degree, provided there are real family relations, shared daily life, budget, and mutual assistance.

Having examined the written evidence, explanations of the parties, and witness testimonies, the court concluded that the fact of joint residence of the applicant and her grandson as one family since 2021 was confirmed by proper evidence. Therefore, the claim to establish the fact of the applicant's belonging to the family members of the deceased serviceman is to be satisfied.

Regarding the claim to establish the fact of being dependent, the court noted that according to Articles 30 and 31 of the Law "On pension provision for persons released from military service and some other persons," a family member is considered dependent on the deceased if they were fully supported by him or received assistance that was a permanent and main source of livelihood.

The court took into account the Supreme Court's practice, according to which the mere fact of receiving a pension does not exclude the possibility of establishing dependency, but it is necessary to prove that the deceased's assistance was the applicant's main and permanent source of livelihood.

The case materials established that the applicant received an old-age pension of 4,243.88 UAH per month. At the same time, the evidence showed that the deceased serviceman transferred a total of 11,350 UAH during October-December 2025 to his sister, who was supposed to pass the money to the grandmother.

The court noted that the total amount of such transfers over three months did not exceed the amount of the applicant's pension payments for the same period. Moreover, the bank statement did not confirm further transfer of these funds to the applicant or their use for her needs.

The court also noted that witness testimonies and relatives' explanations regarding financial assistance at other times were general in nature and not supported by proper written evidence.

As a result of the consideration of case No. 159/1070/26, the court concluded that the fact of the applicant being dependent on the deceased serviceman was not proven, as there was no evidence that the grandson's assistance was her main and permanent source of livelihood.

In conclusion, the court partially satisfied the application: it established the fact of the applicant's belonging to the family members of the deceased serviceman and refused to establish the fact of being dependent on him.

The court's decision may be appealed directly to the Volyn Court of Appeal.

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