1. **Subject of the dispute:** Challenging the Ministry of Defense’s refusal to pay a one-time financial assistance in the amount of UAH 15 million in connection with the death of a serviceman from a disease related to the defense of the Motherland.
2. **Court’s arguments:** The Supreme Court in this case officially departed from its previous position set forth in cases No. 600/548/23-a and No. 380/9868/23, acknowledging it as erroneous. The Court emphasized that the provisions of clause 2 of Resolution of the Cabinet of Ministers No. 168 cannot be interpreted broadly: the payment of UAH 15 million is provided only in the event of “death” during martial law or death that occurred as a result of a wound, contusion, injury, or mutilation. The mere fact that a Military Medical Commission (MMC) has established a link between the disease and the defense of the Motherland is not equivalent to “death” within the meaning of this Resolution. The Court stressed that to receive the increased payment, it is necessary to prove a direct causal link between the death and a combat wound or injury. If such a link is absent, the payment is made on general grounds provided for by the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families” and Procedure No. 975. Thus, the Court clearly distinguished between social guarantees for different cases of loss of health or life of servicemen.
3. **Court’s decision:** The Supreme Court dismissed the cassation appeal and upheld the decisions of the lower courts, confirming the legality of the refusal to pay the assistance in the amount of UAH 15 million.
