A soldier died at combat positions, but "not in that" territory: the court overturned the refusal to pay the family 15 million UAH

The family of a deceased serviceman of the State Special Transport Service was denied a one-time financial assistance payment of 15 million UAH. The reason was that the settlement where the soldier received a fatal wound was not included in the order of the Commander-in-Chief of the Armed Forces of Ukraine regarding the areas of military (combat) operations.

However, the Dnipropetrovsk District Administrative Court concluded that this circumstance alone cannot be a reason for refusal. The court noted: if documents confirm that the serviceman directly performed a combat (special) mission and died during activities to ensure the defense of Ukraine, his family members have the right to one-time financial assistance provided by paragraph 2 of the Cabinet of Ministers Resolution No. 168.

Circumstances of the case

The serviceman of the State Special Transport Service was conscripted for military service by mobilization in February 2024. At the end of November of the same year, he was sent as part of a team to carry out a combat (special) mission in the Kupiansk area of Kharkiv region.

On November 26, 2024, the serviceman died from a gunshot wound. According to the medical death certificate, he received the fatal wound at combat positions. The official investigation established that at the time of death, the serviceman was performing a combat (special) mission, was wearing protective gear, and his death resulted from enemy actions. The death was recognized as related to the defense of the homeland, and the military medical commission confirmed that the wound and cause of death were connected to the defense of Ukraine. Additionally, the military unit issued a certificate confirming the serviceman’s direct participation in activities necessary to ensure the defense of Ukraine in the settlements of Kupiansk-Vuzlovyi and Osynove of Kupiansk district.

The mother, wife, and minor son of the deceased were issued certificates as family members of a fallen Defender of Ukraine. After that, they applied to the Administration of the State Special Transport Service for one-time financial assistance. However, the commission refused to grant and pay it.

Reason for refusal

The commission based its decision on the fact that the settlement Kupiansk-Vuzlovyi was not included in the order of the Commander-in-Chief of the Armed Forces of Ukraine on the areas of military (combat) operations for the relevant period. According to the respondent, this meant that the serviceman was not directly in the combat zone, and therefore his family members were not entitled to the one-time financial assistance of 15 million UAH under paragraph 2 of Cabinet of Ministers Resolution No. 168. At the same time, the respondent noted that the family could claim payment under a different procedure.

Court’s position

The court disagreed with this approach.

It stated that the right to one-time financial assistance depends on confirming the serviceman’s direct participation in activities to ensure the defense of Ukraine, repel and deter armed aggression, as well as his presence in the area of such activities. At the same time, the mere fact that a specific settlement is not included in the Commander-in-Chief’s order on combat zones is not sufficient grounds for refusal if these circumstances are confirmed by proper and admissible evidence. The court noted that this approach aligns with the legal position of the Supreme Court.

The court established that the fact of the serviceman’s direct participation in performing a combat (special) mission is confirmed by the combat order, military unit orders, medical death certificate, official investigation report, military medical commission conclusion, and certificate of direct participation in defense activities. The combination of this evidence indicates that the serviceman died while performing tasks to protect the state.

Moreover, the court noted that the Kupiansk city territorial community was included in the list of possible combat zones approved by the Ministry for the Reintegration of Temporarily Occupied Territories of Ukraine, and the designated period of such status covered the date of the serviceman’s death. According to the court, this additionally confirms that the death occurred in the area of activities to repel armed aggression.

Also, in case 160/32135/25, the court emphasized that the constitutional principle of enhanced social protection for servicemen and their families implies that any doubts regarding the grounds for social payments to a person who died defending the homeland should be interpreted in favor of that person and their family.

What the court decided

The Dnipropetrovsk District Administrative Court fully satisfied the claim.

The court recognized as unlawful and canceled the decision of the commission of the Administration of the State Special Transport Service to refuse the appointment of one-time financial assistance.

Furthermore, the court obliged the Administration of the State Special Transport Service to appoint and pay the one-time financial assistance of 15 million UAH to the family members of the deceased serviceman, as provided by paragraph 2 of Cabinet of Ministers Resolution No. 168, in equal shares among the three recipients — the mother, wife, and minor son of the deceased. Each of them is to receive 5 million UAH.

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