A soldier was assigned 100,000 UAH for treatment after a gunshot wound but was denied for three periods: the reason is in one document

The Kyiv District Administrative Court partially satisfied the claim of a serviceman who challenged the inaction of the military unit regarding the non-accrual and non-payment of additional monetary compensation provided for by the Cabinet of Ministers of Ukraine Resolution No. 168, for the periods of his inpatient treatment after receiving a combat injury.

What caused the dispute

The serviceman applied to the Kyiv District Administrative Court with an administrative claim against the military unit, requesting:

• to recognize the inaction of the military unit regarding the non-accrual and non-payment of additional monetary compensation provided for by the Cabinet of Ministers of Ukraine Resolution No. 168 dated February 28, 2022 (with amendments and additions), for the periods of inpatient treatment due to injuries received from February 18, 2024, to March 3, 2024, from March 4, 2024, to March 31, 2024, from June 1, 2024, to July 1, 2024, from July 10, 2024, to July 26, 2024, from August 2, 2024, to August 23, 2024, from October 21, 2024, to October 25, 2024, from October 25, 2024, to October 28, 2024, from October 30, 2024, to November 26, 2024, based on a calculation of 100,000 hryvnias per month, proportionally to the days of inpatient treatment in healthcare institutions due to injuries received on February 17, 2024;
• to oblige the military unit to calculate and pay the additional monetary compensation provided for by the Cabinet of Ministers of Ukraine Resolution No. 168 dated February 28, 2022 (with amendments and additions), for the time of inpatient treatment due to injuries for the specified periods.

The claimant justified the demands by stating that the defendant unlawfully did not accrue and did not pay the additional compensation provided for by the Cabinet of Ministers of Ukraine Resolution No. 168 dated February 28, 2022, proportionally to the time of his treatment.

The court established that the claimant served in the military unit from January 23, 2024, and was removed from the unit's personnel list on February 10, 2025. On February 17, 2024, the claimant received an injury: a gunshot wound. The injury occurred during combat (caused by enemy actions), received while performing a combat mission as a result of a grenade launcher attack by enemy forces, received during the defense of the Fatherland and the performance of military service duties, participation in national security and defense measures, repelling and deterring armed aggression of the Russian Federation in the Donetsk region, protecting the independence, sovereignty, and territorial integrity of Ukraine, not related to committing a crime or administrative offense, and not a result of intentional self-inflicted bodily harm. This is confirmed by a certificate on the circumstances of the injury (wound, concussion, mutilation) from the military unit dated March 28, 2024.

The claimant was hospitalized during the periods: from February 18, 2024, to March 3, 2024, from March 4, 2024, to April 9, 2024, from April 9, 2024, to May 2, 2024, from May 2, 2024, to July 1, 2024, from July 10, 2024, to July 26, 2024, from August 2, 2024, to August 23, 2024. According to the military medical commission certificate dated October 25, 2024, the injury was recognized as related to the defense of the Fatherland. By severity, the injury is classified as severe.

What the court decided

The Kyiv District Administrative Court in case 320/12762/25 decided to partially satisfy the administrative claim.

The court recognized the inaction of the military unit regarding the non-accrual and non-payment of additional compensation provided for by the Cabinet of Ministers of Ukraine "On certain payments to servicemen, persons of the rank and command staff, police officers and their families during martial law" dated February 28, 2022, No. 168, for the periods: from February 18, 2024, to March 3, 2024, from March 4, 2024, to April 9, 2024, from April 9, 2024, to May 2, 2024, from May 2, 2024, to July 1, 2024, from July 10, 2024, to July 26, 2024, from August 2, 2024, to August 23, 2024, in the amount of 100,000 hryvnias monthly proportionally to the treatment time, and obliged the military unit to calculate and pay such additional compensation.

The rest of the claims were denied.

What conclusions the court made

The court noted that Resolution No. 168 of the Cabinet of Ministers of Ukraine establishes that during the period of martial law, servicemen of the Armed Forces of Ukraine are paid additional compensation of up to 100,000 hryvnias per month proportionally to the time of participation in combat operations or ensuring the implementation of national security and defense measures, repelling and deterring armed aggression, being directly in the areas during the implementation of these measures. According to paragraph 4 of clause 1 of Resolution No. 168 (in the version before July 19, 2022), persons who, due to injury (concussion, trauma, mutilation) related to the defense of the Fatherland, are undergoing inpatient treatment in healthcare institutions are included among those who receive increased compensation up to 100,000 hryvnias.

The court concluded that both above conditions are met and confirmed by the certificate on the circumstances of the injury (wound, concussion, mutilation) and the available case materials including discharge summaries, extracts from the inpatient medical record, and transfer summaries. Resolution No. 168 contains no restrictions regarding the period and/or number of inpatient treatment stays in healthcare institutions related to injuries received during the defense of the Fatherland.

For which periods payment was not assigned

The claims for the periods from October 21, 2024, to October 25, 2024, from October 25, 2024, to October 28, 2024, and from October 30, 2024, to November 26, 2024, were denied because the case materials do not contain evidence of the claimant's appeal to the military unit command with a report requesting the calculation and payment of additional monetary compensation for these periods.

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