Parents of a soldier who died in a car accident during leave were denied a payment of 15 million UAH: the court sided with the family

After the death of a serviceman in a car accident, the Ministry of Defense refused his parents a one-time financial assistance payment. The ministry stated that they missed the three-year application deadline and that their son’s death was allegedly the result of an administrative offense. However, the Cherkasy District Administrative Court reached the opposite conclusion: the parents applied on time, and the fact of the serviceman committing an administrative offense was not confirmed. The court recognized the Ministry of Defense’s refusal as unlawful.

Circumstances of the case

The parents of the serviceman went to court after the commission of the Ministry of Defense of Ukraine denied them the appointment of a one-time financial assistance payment.

Their son was voluntarily mobilized in April 2022 and served as a driver in a military unit. In June 2022, while on short-term leave, he died in a road traffic accident.

Afterwards, the parents applied to the territorial recruitment center with requests for the appointment of one-time financial assistance. However, the Ministry of Defense commission refused to grant it, arguing that the applicants allegedly missed the three-year deadline to exercise the right to payment. Additionally, the Ministry of Defense considered that the serviceman’s death was the result of an administrative offense due to his violation of traffic rules. These conclusions became the subject of judicial appeal.

Why the court disagreed with the Ministry of Defense

The court thoroughly examined the case materials and found that the Ministry of Defense’s conclusions were not supported by evidence.

The application deadline was effectively not missed

From the case materials 580/5533/26, the court established that the parents submitted applications for the one-time financial assistance as early as May 2025, i.e., within the three-year period.

After the initial review, the documents were returned for revision, and after correcting the deficiencies, they were resubmitted to the Ministry of Defense. Therefore, the delay occurred during the administrative procedure and was not dependent on the applicants' actions.

The court emphasized that the parents timely exercised their right to apply, and the fact that the documents ultimately reached the Ministry of Defense later was due to circumstances beyond their control.

At the same time, the court noted that although more than three years had passed from the date of the serviceman’s death at the time of the decision, this alone does not indicate a loss of the right to assistance, since the plaintiffs applied on time, and the subsequent delay was caused by the administrative procedure. This approach aligns with the legal conclusions of the Supreme Court regarding the application of the three-year preclusive period.

The Ministry of Defense did not prove the existence of an administrative offense

The court also rejected the Ministry of Defense’s second argument that the serviceman’s death was the result of committing an administrative offense.

The court established that the criminal proceedings regarding the accident were closed due to the absence of a criminal offense in the serviceman’s actions. At the same time, no administrative offense protocol was drawn up against the deceased.

Moreover, a special investigation act established that the serviceman’s death was related to the performance of military duties and participation in activities necessary to ensure the defense of Ukraine. The Central Military Medical Commission also concluded that the injury sustained in the accident was connected to military service.

Separately, the court took into account prejudicial circumstances established by another decision of the Cherkasy District Administrative Court, which has already come into legal force. In that case, the court found that the serviceman’s death was not the result of an administrative offense committed by him. According to Article 78 of the Code of Administrative Procedure, these circumstances are not subject to re-proof.

Court conclusions

The Cherkasy District Administrative Court concluded that the Ministry of Defense did not prove the legality of its refusal.

The court recognized that the serviceman’s parents applied timely for the one-time financial assistance, and the subsequent delay in reviewing the documents arose from reasons beyond their control. The court also found that the case materials do not confirm the fact that the deceased committed an administrative offense, which by law could have been grounds for refusal of payment.

Under these circumstances, the court declared the Ministry of Defense commission’s decision unlawful, as it violates the rights of the deceased serviceman’s parents to receive one-time financial assistance.

What the court decided

The Cherkasy District Administrative Court fully satisfied the claim.

The court recognized the Ministry of Defense of Ukraine’s refusal to grant one-time financial assistance to the parents of the deceased serviceman as unlawful, obliged the ministry to grant this payment, and also ordered the Ministry of Defense to pay each plaintiff a court fee of 1,331.20 UAH.

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