The Ministry of Defense refused payment to the civilian wife of a deceased serviceman due to one document — the court put an end to it

The Kharkiv District Administrative Court explained whether the Ministry of Defense can require the civilian wife of a deceased serviceman to additionally confirm that she was dependent on him if the court has already established the fact of their cohabitation as a family without marriage registration.

The court concluded that such a requirement in this case was unfounded. It noted that if the fact of the woman and the deceased serviceman living as a family without marriage registration is confirmed by a court decision that has entered into legal force, such a person belongs to the circle of family members defined by Article 16-1 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Family Members."

The court recognized as unlawful and canceled the decision of the Ministry of Defense commission to return the documents for revision and also obliged the ministry to reconsider the application for a one-time financial aid payment taking into account the legal assessment provided by the court.

Circumstances of the case

The plaintiff lived with the serviceman as a family without marriage registration. The soldier died in January 2023 while performing a combat mission near Klishchiivka, Bakhmut district, Donetsk region.

After his death, the woman applied to the court to establish the fact of living as a family. By the decision of the Valky District Court of Kharkiv region, which entered into legal force, it was established that they lived as a family without marriage registration for at least five years before the serviceman’s death.

Based on this decision, the woman applied to the Ministry of Defense for a one-time financial aid payment as a family member of the deceased serviceman.

However, the Ministry of Defense commission returned the documents for revision. It stated that the plaintiff is not a spouse, and the court decision only confirms the fact of living as a family but does not establish the fact of being dependent on the deceased. Therefore, the commission demanded documents from the Pension Fund proving the right to a survivor’s pension or a separate court decision establishing the fact of dependency.

The Ministry of Defense did not submit a response to the lawsuit. The court noted that according to part four of Article 159 of the Code of Administrative Procedure, failure of a public authority to submit a response without valid reasons may be qualified as acceptance of the claim.

What the court established

The administrative court pointed out that at the time of the disputed decision, part four of Article 16-1 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Family Members" directly included a woman or man who lived with the deceased as a family without marriage registration among the family members, provided this fact is established by a court decision that has entered into legal force.

The court also noted that Article 16-1 of the Law separately defines two categories of persons who may be entitled to a one-time financial aid: family members and dependents. The law includes persons who lived with the deceased as a family without marriage registration, confirmed by a relevant court decision, among family members. At the same time, the status of a dependent is determined by pension legislation.

According to the court’s conclusion, in this case, the plaintiff applied for payment precisely as a family member of the deceased serviceman, and her status was confirmed by a court decision that entered into legal force. Therefore, the Ministry of Defense’s requirement to provide additional proof of dependency was unfounded.

The court emphasized that the decision of the Valky District Court confirmed the fact that the plaintiff lived with the deceased as a family, had a shared household, mutual rights and obligations, which correspond to the signs of a family defined by family law and provides grounds to classify her among the persons specified in Article 16-1 of the Law.

This approach, the court noted, is consistent with the legal conclusions of the Supreme Court, set out, in particular, in rulings dated April 6, 2022, in case No. 826/9171/16, July 6, 2022, in case No. 240/5809/18, May 18, 2023, in case No. 382/277/17, and February 5, 2025, in case No. 120/17960/23.

Court decision

The Kharkiv District Administrative Court recognized as unlawful and canceled the decision of the Ministry of Defense commission regarding the return of documents for revision. The court also obliged the Ministry of Defense to reconsider the plaintiff’s application for a one-time financial aid payment related to the death of the serviceman and to make a decision taking into account the conclusions set out in the court decision. Additionally, the court ordered the reimbursement of the court fee paid by the plaintiff.

Thus, in case No. 520/2268/26, the court concluded that under the circumstances of this case, a person who applied for a one-time financial aid precisely as a family member of the deceased serviceman, and whose cohabitation as a family without marriage registration was confirmed by a court decision, was not obliged to additionally confirm dependency. Accordingly, the Ministry of Defense’s requirement to provide such documents was recognized as unfounded.

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