1. **Subject of the dispute:** The dispute concerned 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 million to the family of a deceased serviceman, whose death occurred as a result of an illness related to the defense of the Motherland.
2. **Court arguments:**
– The Supreme Court, sitting as a judicial panel, departed from its previous position (set forth in cases No. 600/548/23-a and No. 380/9868/23), noting that they were based on incorrect application of the law.
– The Court emphasized that the provisions of clause 2 of Resolution No. 168 cannot be interpreted separately from the Law “On Social and Legal Protection of Servicemen and Members of Their Families”.
– The payment in the amount of UAH 15 million is provided exclusively in the event of the death of a serviceman or their death that is in a direct causal link with a wound, contusion, injury, or mutilation received while defending the Motherland.
– The Military Medical Commission’s (MMC) conclusion, in itself, stating that the illness that led to death is related to the defense of the Motherland, is not an automatic ground for the payment of assistance in the increased amount (UAH 15 million).
– The term “death” within the meaning of Resolution No. 168 has a clear legal definition and does not encompass every case of death from a general illness, even if it is related to military service.
– In the absence of evidence of a causal link between the death and a wound or injury, the social protection of family members is implemented through general norms (Resolution No. 975), which provide for a smaller payment amount.
3. **Court decision:** The Supreme Court dismissed the plaintiff’s cassation appeal and upheld the decision of the appellate court, which had denied the claim.
