Raised Like a Son: Court Recognized Aunt as Dependent of Deceased Soldier and Opened the Way for Payments

Skole District Court of Lviv Region considered in a separate proceeding the case of establishing the fact that a person was dependent on a deceased serviceman as a member of his family. Establishing such a legal fact was necessary for the applicant to exercise rights to social guarantees provided by law for family members of fallen Defenders of Ukraine, in particular to obtain the appropriate status and receive due payments.

Essence of the Case

A woman applied to the court requesting to establish the fact of her being dependent on the deceased serviceman. The applicant stated that the serviceman was her nephew but was actually raised by her from early childhood. After the serious illness and subsequent death of the mother, the applicant was appointed guardian of the child by a local government decision.

According to the applicant, the serviceman lived all his life together with her and her husband; they ran a common household, shared daily life, and in fact formed one family. The couple had no children of their own. Before mobilization, the man worked in Ukraine and abroad, and the money earned was used to meet the family’s needs. After being called up for military service, he continued to financially support the applicant and her husband with his military pay.

The court established that the applicant is of pension age and has a Group II disability. She received an age pension, which was her only independent income. The case materials also contained documents confirming the applicant’s need for constant care and the fact that such care was provided by the deceased serviceman.

After the serviceman’s death during a combat mission, the applicant applied to social protection authorities and the territorial recruitment center to arrange the payments and status of a family member of the deceased Defender as provided by law. However, she was denied due to the lack of documentary evidence confirming her belonging to the categories of persons defined by law. That is why she applied to the court to establish the fact of dependency.

Representatives of the territorial recruitment center and the Ministry of Defense of Ukraine opposed the satisfaction of the application. They argued that the applicant did not prove with proper evidence the fact of being fully dependent on the serviceman, nor were there confirmations of the amount and regularity of financial assistance or its relation to the applicant’s own income. Additionally, they emphasized the need to prove compliance with criteria established by law for persons eligible for one-time financial assistance related to the death of a serviceman.

Court’s Position and Conclusions

The court referred to the provisions of the Law "On Social and Legal Protection of Servicemen and Their Family Members," the Law "On Pension Provision for Persons Released from Military Service and Some Other Persons," as well as the legal conclusions of the Supreme Court regarding the establishment of the fact of dependency.

The court noted that family members of the deceased are considered dependent if they were fully supported by him or received assistance from him that was their permanent and main source of livelihood. At the same time, the mere fact of receiving a pension or other income does not exclude the possibility of establishing dependency if the provider’s assistance was constant and the main source of livelihood.

Examining the evidence provided in case No. 453/556/26, the court established that the serviceman lived for a long time with the applicant and her husband, ran a common household with them, financially supported the family, and cared for the applicant who needed outside help due to her health condition. The court also considered documents from local government authorities confirming the parties’ cohabitation, joint household management, and the applicant’s dependency on the deceased.

Assessing the totality of evidence, the court concluded that between the applicant and the deceased serviceman there were not only kinship but also actual family relations. They were connected by shared daily life, a common budget, mutual rights and obligations, and the financial assistance from the serviceman was constant and a significant source of the applicant’s support.

Given the established circumstances, the court recognized the fact of the applicant’s dependency on the deceased serviceman as a family member until the day of his death and granted the application.

An appeal against the court decision is submitted directly to the Lviv Court of Appeal.

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