The widow of a soldier shot by his commander was denied document processing for receiving assistance: why this is illegal

After the death of a serviceman who was killed by his commander during service, his widow faced a refusal to process documents for receiving the social guarantees provided by law.

The TRSSC returned her applications for revision, citing, among other things, the absence of a ruling on the closure of the criminal proceedings.

However, the Cherkasy District Administrative Court found this approach unlawful and noted that current legislation does not link the processing of documents with the completion of criminal proceedings or the entry into force of a guilty verdict.

Circumstances of the case

The plaintiff in the case was the widow of a serviceman who died in December 2024 during military service. The court established that the soldier died from a gunshot wound to the head as a result of intentional murder at the temporary location of the unit. At the same time, the official investigation determined that the death occurred during military service but was not related to the defense of the homeland, as it was not caused by enemy actions. The causal link between the death and military service was confirmed by the military medical commission.

In September 2025, the widow applied to the TRSSC with requests for a one-time monetary assistance and for the establishment of the status of a family member of the deceased serviceman.

After reviewing the documents, the applications were returned for revision. The defendant noted that the plaintiff did not provide a ruling on the closure of the criminal proceedings regarding the death of the serviceman and some forensic medical examination documents. Additionally, the TRSSC did not prepare or submit a conclusion to the Social Security Department of the Ministry of Defense of Ukraine regarding the possibility of granting the one-time monetary assistance.

The plaintiff argued that the legislation does not make the processing of documents for assistance dependent on the completion of criminal proceedings or the presence of a guilty verdict.

What the court established

Examining the Law "On Social and Legal Protection of Servicemen and Their Families," Order No. 975, and the Ministry of Defense Regulation No. 530, the court noted that after receiving the application and documents, the authorized body must prepare a conclusion on the presence or absence of grounds for granting one-time monetary assistance and submit it along with the documents to the Social Security Department of the Ministry of Defense of Ukraine.

The court emphasized that Order No. 975 and Regulation No. 530 do not make the preparation of such a conclusion dependent on the closure of criminal proceedings opened regarding the death of the serviceman or on the adoption of a guilty verdict. Therefore, the defendant’s reference to ongoing criminal proceedings could not be a reason for refusing to perform the procedural actions provided by law.

At the same time, the court separately stressed that the final decision on granting or refusing the one-time monetary assistance is made by the Ministry of Defense of Ukraine as the budget funds administrator, while the TRSSC performs the function of preparing the conclusion and submitting the necessary documents.

The court took into account the criminal case verdict

During the administrative case review, the verdict of the Dnipro District Court of Dnipropetrovsk region, which had entered into legal force, was considered. The artillery battery commander was found guilty of intentionally killing a subordinate serviceman.

The verdict established that the officer, motivated by revenge for the subordinate’s appeal to the State Bureau of Investigation regarding extortion of an unlawful benefit, first demonstratively pulled the trigger several times near the serviceman’s head, then loaded the pistol with live rounds and fatally shot him. For the combination of crimes, the court sentenced him to 11 years in prison.

Why the court found the refusal to issue the certificate illegal

Evaluating the requirements for issuing a certificate of a family member of a serviceman who died during military service, the court noted that Order No. 379 contains an exhaustive list of documents required to obtain such a certificate.

At the same time, this Order does not require the applicant to submit a ruling on the closure of criminal proceedings.

The court found that the case materials confirm the death of the serviceman as a result of intentional murder and contain no evidence that his death was related to his commission of a criminal or administrative offense. Additionally, the forensic toxicological examination confirmed the absence of alcohol in the deceased’s blood.

Under these circumstances, case 580/197/26 concluded that the reasons cited by the defendant for returning the application and documents for revision were not based on the requirements of Order No. 379.

What the court decided

The Cherkasy District Administrative Court partially satisfied the claim.

The court recognized the inaction of the TRSSC in failing to prepare and submit to the Social Security Department of the Ministry of Defense of Ukraine the conclusion and documents necessary for deciding on the granting of one-time monetary assistance as unlawful. The court also obliged the TRSSC to reconsider the plaintiff’s application, prepare the appropriate conclusion, and submit it to the Ministry of Defense of Ukraine.

Additionally, the court found the refusal to issue the certificate of a family member of a serviceman who died during military service unlawful and obliged the TRSSC to reconsider the relevant application taking into account the court’s legal conclusions.

The court denied the claim regarding the processing of documents for pension assignment due to the loss of a breadwinner, as it found that the plaintiff had not applied to the TRSSC with such a request, and therefore the defendant did not consider this matter.

The court also awarded the plaintiff 605.60 UAH in court fees.

In this decision, the court noted that Order No. 975 and Order No. 379 do not make the processing of documents for granting one-time monetary assistance or issuing a certificate of a family member of a deceased serviceman dependent on the completion of criminal proceedings or the entry into force of a guilty verdict.

At the same time, the court confirmed the division of powers between the TRSSC and the Ministry of Defense of Ukraine: the authorized body must prepare and submit the necessary documents, while the final decision on granting or refusing the one-time monetary assistance is made by the Ministry of Defense of Ukraine.

Subscribe to our Telegram channel t.me/sudua and on Google News SUD.UA, as well as on our VIBER and WhatsApp, Facebook page and Instagram accounts to stay updated on the most important events.