Border Guard Died of Heart Disease, but Family Was Denied 15 Million UAH Payment Due to Alcohol in Blood — What the Court Decided
The Zakarpattia District Administrative Court recognized the refusal of the State Border Guard Service to grant a one-time financial assistance to the mother and daughter of the deceased serviceman as unlawful. Despite the fact that alcohol was found in the border guard’s body during a forensic toxicological examination, the court concluded that this alone is insufficient grounds for refusal of payment. The authority had to prove that the death was a consequence of the serviceman’s actions committed specifically while intoxicated, but such evidence was not provided.
Case Circumstances
The mother and daughter of a serviceman of the State Border Guard Service of Ukraine appealed to the court after the DPSU Administration and border detachment refused to grant a one-time financial assistance following his death. The refusal was based on the finding during the investigation that the serviceman was intoxicated at the time of death.
The court established that the border guard served from March 2022 to July 2023. During a family leave, he was found lifeless in his apartment. A forensic medical examination determined the cause of death as acute circulatory disorder and cardiomyopathy. At the same time, toxicological tests confirmed the presence of alcohol in blood and urine. The criminal case regarding the death was closed due to lack of evidence of a crime.
The commission conducting the official investigation concluded that the death occurred not during the performance of military duties and that the serviceman was intoxicated. This conclusion was cited by the DPSU authorities in denying the family’s claim.
However, the Central Military Medical Commission established that the disease leading to the serviceman’s death was related to military service.
Why the Court Found the Refusal Illegal
The court analyzed the provisions of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Families" and the Procedure approved by Cabinet of Ministers Resolution No. 975.
These norms provide that one-time financial assistance is not granted if the death of a serviceman is a result, among other things, of actions committed while intoxicated by alcohol, drugs, or toxins. At the same time, the court emphasized that these provisions apply only when it is established that death occurred as a result of the serviceman’s actions committed while intoxicated. The mere detection of alcohol in the body is not an unconditional basis for refusal of one-time financial assistance.
The court noted that the forensic medical examination concluded the cause of death as acute circulatory disorder and cardiomyopathy. The toxicological examination only confirmed the presence of alcohol in the body and did not conclude that death resulted from the serviceman’s actions while intoxicated. Moreover, the Central Military Medical Commission confirmed the causal link between the disease that caused death and military service.
According to the court, the DPSU Administration and border detachment failed to prove a causal link between the serviceman’s intoxication and his death. Therefore, the refusal to grant assistance was deemed unlawful. The court referred to similar legal conclusions of the Supreme Court set out in rulings dated June 29, 2022, in case No. 640/6477/19 and March 18, 2024, in case No. 120/13997/21-a.
What the Court Decided
The Zakarpattia District Administrative Court recognized as unlawful and canceled the decisions of the DPSU Administration and border detachment refusing the mother and daughter of the deceased serviceman one-time financial assistance. At the same time, the court did not immediately order the payment.
Instead, the court obliged the DPSU Administration to reconsider the family members' applications taking into account the conclusions set out in the decision. The court stated that during the new review, the authorized body must assess all legal grounds for granting assistance and consider the legal position on the necessity to establish a causal link between the serviceman’s intoxication and his death.
Effectively, in case No. 260/873/26, the court distinguished between two different circumstances: the serviceman’s intoxication and death as a consequence of his actions while intoxicated. Only establishing the latter circumstance can be grounds for refusal of one-time financial assistance under Article 16-4 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Families."
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