1. The subject of the dispute is the establishment of the fact of cohabitation of the plaintiff and the deceased serviceman as one family without registration of marriage for the purpose of receiving a one-time financial assistance.
2. The court, granting the claim, proceeded from the fact that the plaintiff provided sufficient evidence confirming the fact of their cohabitation with the deceased as a family without registration of marriage, namely: the existence of a joint child, witness testimonies, money transfers from the deceased to the plaintiff’s account, the plaintiff’s receipt of funeral assistance as a common-law wife from the military unit. The court took into account that they lived together, shared a common household, and had mutual rights and obligations. The court also noted that the law does not define an exhaustive list of evidence to confirm the fact of cohabitation, therefore the court independently assesses their relevance and admissibility. The court of cassation agreed with the conclusions of the courts of previous instances, noting that the actual circumstances of the case were investigated fully and comprehensively. The court deviated from the previous conclusion regarding the jurisdiction of such disputes, noting that they are subject to consideration in the order of civil procedure.
3. The court of cassation left the cassation appeal without satisfaction, and the decisions of the courts of previous instances – without changes.
