Mother of a deceased military serviceman from the occupied territory failed to obtain documents for a payment of 15 million UAH through the court

The Third Administrative Court of Appeal upheld the decision of the Dnipropetrovsk District Administrative Court, which denied the claim of the mother of a deceased serviceman against the Territorial Recruitment and Social Support Center. The plaintiff demanded to recognize as unlawful the inaction regarding the acceptance of the application, certification of copies of documents, and their further forwarding for the processing of a one-time monetary assistance provided by the Cabinet of Ministers of Ukraine Resolution No. 168 dated February 28, 2022, "Issues of certain payments to servicemen, rank-and-file and commanding staff, police officers and their families during martial law."

Case circumstances

The plaintiff is the mother of a serviceman who died during martial law. After his death, the woman's representative applied to the district Territorial Recruitment and Social Support Center with a request for a one-time monetary assistance payment in accordance with Cabinet Resolution No. 168. According to this resolution, families of servicemen who died during martial law are entitled to a one-time monetary assistance of 15 million UAH, which is distributed equally among all persons entitled to receive it.

In April 2023, the Territorial Recruitment Center informed the plaintiff's representative that according to the Procedure approved by the Ministry of Defense Order No. 45, the district center accepts documents from the applicant and certifies copies of the submitted documents. At the same time, the response stated that the applicant was in the village of Verkhni Torgai, Kherson region, which at that time was under temporary occupation, so it was impossible to certify copies of documents and continue their processing.

After that, the representative repeatedly sent documents by mail and email, including using a qualified electronic signature. However, no responses were received to later inquiries. The plaintiff interpreted this as unlawful inaction by the Territorial Recruitment and Social Support Center and turned to the court.

Arguments of the parties

The plaintiff insisted that the Territorial Recruitment Center unjustifiably did not accept the documents and did not ensure their further processing for the appointment of the one-time monetary assistance. In the appeal, she also noted that the package of documents for receiving assistance can be submitted through a representative, and therefore the conclusions of the court of first instance were erroneous.

In contrast, the defendant stated that they acted according to the established procedure and could not perform the procedures for certifying documents prescribed by regulatory acts under the circumstances of the case.

What the court considered

The appellate court analyzed the provisions of the Law "On Social and Legal Protection of Servicemen and Their Families," Cabinet Resolution No. 168, and Ministry of Defense Order No. 45, which regulate the procedure for appointing and paying one-time monetary assistance to families of deceased servicemen.

The court noted that paragraph 2 of Cabinet Resolution No. 168 establishes the right of family members of a deceased serviceman to one-time monetary assistance of 15 million UAH. At the same time, to exercise this right, it is necessary to follow the procedure for submitting and processing documents established by law.

The panel of judges noted that the assistance procedure begins with submitting an application to the district or city Territorial Recruitment and Social Support Center. According to Procedure No. 45, this body accepts documents, certifies copies, and after processing, forwards materials to the regional center for further consideration.

The court also found that the first request of the plaintiff's representative dated April 5, 2023, was reviewed within the established timeframe, and the applicant was provided with a written response explaining the reasons why the center could not continue processing the documents.

Conclusions of the appellate court

The panel agreed with the conclusions of the court of first instance about the absence of unlawful inaction by the Territorial Recruitment and Social Support Center.

The court in case 160/13521/25 stated that under the specific circumstances of the case, the center could not perform the certification procedure prescribed by Procedure No. 45 because the applicant was in a temporarily occupied territory. At the same time, the court did not find any violations during the consideration of the initial request of the plaintiff's representative.

Separately, the appellate court noted that arguments regarding the possibility of submitting documents through a representative do not refute the conclusions of the court of first instance and do not indicate unlawful actions by the defendant in this case.

In conclusion, the appeal was dismissed, and the decision of the Dnipropetrovsk District Administrative Court remained unchanged. The ruling came into legal force upon its adoption and is not subject to cassation appeal.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, our pages on Facebook and Instagram to stay informed about the most important events.