The mother of a serviceman who died from a malignant tumor was awarded only 2 million UAH — the court obliged the Ministry of Defense to reconsider the payment

The mother of a serviceman who died from a malignant tumor succeeded in court in overturning the Ministry of Defense’s decision to grant her a one-time financial aid of 2.013 million UAH.

The Military Medical Commission established that the disease that led to the serviceman’s death was related to the defense of the Fatherland, so the plaintiff insisted that her application be considered under Cabinet of Ministers Resolution No. 168, which during martial law provides for a one-time financial aid of 15 million UAH.

The Second Administrative Court of Appeal agreed with the conclusions of the court of first instance and upheld the decision to reconsider the application by the Ministry of Defense taking into account the court’s findings.

Circumstances of the case

The plaintiff’s son served in the military by conscription during mobilization and directly participated in measures to ensure the defense of Ukraine.

After completing his service, he died. According to the medical certificate, the cause of death was a malignant mediastinal tumor. At the same time, the 12th Regional Military Medical Commission established that the disease that caused the serviceman’s death was related to the defense of the Fatherland.

The Ministry of Defense commission granted the mother of the deceased a one-time financial aid amounting to 750 times the subsistence minimum — 2,013,000 UAH, applying the provisions of Cabinet of Ministers Resolution No. 975. The plaintiff considered this decision illegal and appealed to the court, insisting that after the introduction of martial law, Cabinet of Ministers Resolution No. 168 should apply to her case.

Decision of the court of first instance

The Kharkiv District Administrative Court concluded that the serviceman’s death was directly related to his military service and connected with the defense of the Fatherland.

Under these circumstances, the court recognized as unlawful and canceled the Ministry of Defense commission’s decision to grant aid in the amount of 2.013 million UAH and obliged the Ministry to reconsider the application for the one-time financial aid payment, taking into account the court’s legal conclusions. At the same time, the court did not oblige the Ministry to directly pay 15 million UAH, as making such a decision falls within the Ministry of Defense’s authority.

Position of the Ministry of Defense

In the appeal, the Ministry of Defense stated that Cabinet of Ministers Resolution No. 168 applies only in cases where the serviceman’s death resulted from wounds, concussions, injuries, or mutilations sustained during the defense of the Fatherland.

According to the defendant, if a serviceman died from a disease, even related to military service, the amount of one-time aid should be determined according to Cabinet of Ministers Resolution No. 975. To support its position, the Ministry referred to certain rulings of the Supreme Court.

Conclusions of the appellate court

The Second Administrative Court of Appeal disagreed with the Ministry of Defense’s arguments.

The panel of judges noted that in this case, the mother’s right to receive one-time financial aid was not disputed. The dispute concerned only the amount of such payment.

The court stated that the right to aid arose in February 2023, i.e., during martial law. After the adoption of Law No. 2489-IX amending the Law "On Social and Legal Protection of Servicemen and Their Families," the amount of one-time financial aid in the event of a serviceman’s death during martial law is determined by the Cabinet of Ministers of Ukraine. The legislator provided for the application of this norm from February 24, 2022.

According to the appellate court, special legal regulation provided by Cabinet of Ministers Resolution No. 168, which establishes a one-time financial aid of 15 million UAH, should apply in the disputed legal relations. At the same time, the court relied on the Military Medical Commission’s established fact that the disease causing the serviceman’s death was related to the defense of the Fatherland, and the death was directly connected to military service.

Under these circumstances of case 520/14450/25, the appellate court agreed with the first instance court’s conclusion on the necessity to cancel the Ministry of Defense commission’s decision and reconsider the plaintiff’s application taking into account the court’s legal conclusions.

As a result, the Ministry of Defense of Ukraine’s appeal was dismissed, and the Kharkiv District Administrative Court’s decision remained unchanged.

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