A soldier died of cardiac arrest, but the family was denied payment due to 0.52 per mille of alcohol in the blood: what the court decided

The Lviv District Administrative Court concluded that the mere fact of detecting 0.52‰ ethyl alcohol in the blood of the deceased serviceman is not sufficient grounds to deny his family members a one-time financial assistance. To apply the exceptions provided by Article 16-4 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Families," it is necessary to establish that the death resulted from actions committed by the serviceman while intoxicated.

The wife and mother of the deceased senior sergeant appealed the decision of the Ministry of Defense of Ukraine commission, which refused to grant them one-time financial assistance. The court recognized such refusal as unlawful, canceled the commission’s decision, and obliged the Ministry of Defense to reconsider the plaintiffs' applications taking into account the legal conclusions set out in the court’s decision.

Circumstances of the case

The senior sergeant of the Armed Forces of Ukraine was serving and directly participating in defense measures in Donetsk region. In February 2024, he died at the temporary location of the unit. According to forensic medical examination, death was caused by acute circulatory failure due to acute ischemic heart disease. The military medical commission, official investigation, and unit command established that the death was related to military service.

During forensic toxicological examination, 0.52‰ ethyl alcohol was found in the serviceman’s blood, which, according to the expert’s conclusion, could indicate a mild degree of intoxication. However, the examination determined the immediate cause of death as acute circulatory failure caused by acute ischemic heart disease, and the official investigation found no unlawful actions by the serviceman related to his death.

Despite this, the Ministry of Defense commission refused the family one-time financial assistance. The commission reasoned that the serviceman’s intoxication during duty might indicate an administrative offense under Article 172-20 of the Code of Ukraine on Administrative Offenses, and Article 16-4 of the Law "On Social and Legal Protection of Servicemen and Their Families" excludes assistance if death results from an administrative offense or actions committed while intoxicated.

Court’s position

The court disagreed with this approach.

It noted that Article 16-4 of the Law provides for refusal of one-time financial assistance only when death results from a criminal or administrative offense or actions committed while intoxicated with alcohol, drugs, or toxins.

In the court’s opinion, the mere fact that the serviceman was intoxicated at the time of death is not grounds for refusal of one-time financial assistance to his family. To apply this provision, a causal link must be established between the serviceman’s actions while intoxicated and his death.

After examining case materials 380/17366/25, the court found that the serviceman’s death was caused by acute circulatory failure due to acute ischemic heart disease and was related to military service. The military medical commission confirmed this causal link, and the official investigation found no unlawful actions by the serviceman related to his death. At the same time, the case materials do not contain sufficient evidence that the serviceman’s intoxication or administrative offense caused his death. Therefore, there is no causal link between the presence of 0.52‰ ethyl alcohol in the blood and the serviceman’s death.

The court also referred to the legal conclusions of the Supreme Court, set out in rulings dated April 11, 2018 (case No. 802/1869/17-a), March 4, 2020 (case No. 813/2071/17), June 15, 2022 (case No. 826/4813/18), June 29, 2022 (case No. 640/6477/19), and September 9, 2025 (case No. 240/5502/24), according to which it is insufficient to establish only the fact of intoxication of the serviceman to refuse payment — it must be proven that death resulted from his actions committed while intoxicated.

What the court decided

The court partially satisfied the claim.

It recognized as unlawful and canceled the Ministry of Defense commission’s decision to refuse one-time financial assistance to the wife and mother of the deceased serviceman, and obliged the Ministry of Defense to reconsider the issue of granting and paying this assistance taking into account the court’s conclusions.

At the same time, the court did not oblige the Ministry of Defense to directly grant and pay the assistance. The court noted that the defendant had not yet determined the amount of payment or checked whether other family members might also be entitled to receive it. Therefore, the court considered the proper remedy to be a reconsideration of the issue by the authorized body with the adoption of a new decision taking into account the conclusions set out in the court ruling.

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