Subject of the Dispute: Establishing the Fact of Death of a Serviceman Who Went Missing During Combat Operations.
Main Arguments of the Court:
The Supreme Court considers that in the case of only assumptions about a person’s death during military actions, the correct approach is to apply to the court for declaring the person deceased, rather than establishing the fact of their death. The court noted that the provided evidence (materials of the official investigation) is not conclusive and only provides grounds for assumptions about the serviceman’s death.
Court Decision: The Supreme Court satisfied the cassation appeal of the Ministry of Defense of Ukraine, canceled the decision of the appellate court, and upheld the district court’s decision to refuse to establish the fact of death.
