The following is a detailed analysis of the court decision, prepared from a professional perspective:<\/p>\n
1. **Subject of the Dispute:** The dispute concerns the right of family members of a serviceman who died as a result of an illness related to the defense of the Motherland to receive a one-time monetary payment in the amount of UAH 15 million in accordance with CMU Resolution No. 168, instead of the payment assigned under Procedure No. 975.<\/p>\n
2. **Court’s Arguments:**
\n* The Supreme Court, sitting as a judicial chamber for the consideration of cases concerning the protection of social rights, departed from the previous position set forth in the resolutions dated July 17, 2024 (case No. 600\/548\/23-a) and August 22, 2024 (case No. 380\/9868\/23), deeming them not based on correct legal application.
\n* The Court emphasized that the provisions of clause 2 of Resolution No. 168 cannot be interpreted separately from the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families.”
\n* The key conclusion reached was that the right to the UAH 15 million payment arises only in the event of the death of a serviceman, or their death which is in direct causal link with a wound, shell shock, injury, or mutilation sustained during the defense of the Motherland.
\n* A conclusion by the military medical commission stating that the illness which led to death is related to the defense of the Motherland does not, in itself, constitute an automatic basis for the UAH 15 million payment if there is no causal link to a wound or injury.
\n* The term “death” (\u0437\u0430\u0433\u0438\u0431\u0435\u043b\u044c) within the meaning of Resolution No. 168 has an independent legal significance and does not encompass all cases of death resulting from general illnesses during martial law.
\n* In the absence of evidence of a causal link between the death and a wound or injury, social protection for family members is provided in accordance with the general norms of Law No. 2011-XII and Procedure No. 975.
\n* The Court emphasized that Procedure No. 975 is valid and applicable to cases of death of servicemen resulting from illnesses, regardless of whether they were mobilized or serving under contract.<\/p>\n
3. **Court Decision:** The Supreme Court dismissed the plaintiff’s cassation appeal and upheld the appellate court’s decision, which denied the UAH 15 million payment.<\/p>\n