Here is a detailed analysis of the court decision, prepared from a professional perspective.
1. The subject of the dispute is the lawfulness of the refusal by the Ministry of Defense of Ukraine to pay a one-time financial assistance in the amount of UAH 15,000,000 to a family member of a deceased serviceman, whose death occurred as a result of a disease related to the defense of the Fatherland.
2. In rendering this decision, the Court departed from the previous position of the Supreme Court set forth in cases No. 600/548/23-a and No. 380/9868/23, where the right to an increased payment was previously recognized solely on the basis of a Military Medical Commission (VLC) finding regarding the link between the disease and the defense of the Fatherland. In this case, the Supreme Court emphasized the necessity of a systemic interpretation of the norms: payment of UAH 15 million under CMU Resolution No. 168 is possible only in the event of death or demise that has a direct causal link to a wound, contusion, injury, or mutilation. The Court stressed that the fact of a “disease related to the defense of the Fatherland” in and of itself is not an automatic ground for receiving assistance in an increased amount. The legislator clearly distinguished between general social guarantees (Law No. 2011-XII) and special wartime payments (Resolution No. 168). Since there is no evidence in the case file that the death occurred specifically as a result of a wound or combat injury, there are no grounds for applying the increased payment amount. Thus, the Court concluded that previous payments made under general rules are lawful.
3. The Supreme Court upheld the decision of the appellate court, which denied the plaintiff’s claims for payment of UAH 15,000,000.
