Here is the detailed analysis of the court decision, prepared in accordance with your instructions:
1. The subject of the dispute is the lawfulness of the refusal by the Ministry of Defense of Ukraine to pay the family members of a deceased service member a one-time monetary allowance in the amount of UAH 15,000,000, as provided for by Resolution of the Cabinet of Ministers of Ukraine No. 168.
2. The Court, when rendering its decision, departed from its own previous practice, in particular from the conclusions in cases No. 600/548/23-a and No. 380/9868/23. The Supreme Court emphasized that for the receipt of the allowance in the amount of UAH 15 million, it is insufficient to merely establish the fact of death during martial law or the existence of a Military Medical Commission (MMC) conclusion regarding the connection of a disease to the defense of the Motherland. The Court clarified that Resolution No. 168 provides an exhaustive list of grounds, where the key element is proving a causal link between the death and specifically a wound, contusion, injury, or mutilation sustained during combat operations. If death occurred as a result of a general disease, even one connected to military service, this does not grant an automatic right to the “war-time” payment of UAH 15 million. In such cases, social protection must be provided on general grounds as stipulated by Law No. 2011-XII and Procedure No. 975. The Court emphasized that legal norms must be interpreted strictly, and an expansive application of special payments without adherence to the defined conditions is impermissible.
3. The Supreme Court overturned the decisions of the lower courts and adopted a new decision, which entirely denied the satisfaction of the claims of PERSON_1 and PERSON_2.
