The court explained how the deceased soldier's intoxication affects the benefits

The Supreme Court concluded that the presence of alcohol in the blood of the deceased servicemember cannot, in and of itself, serve as grounds for denying his family the benefits provided for by law. The court noted that the Ministry of Defense must provide evidence that the soldier’s death was a direct result of actions committed while under the influence of alcohol. Only the establishment of such a causal link can serve as grounds for denying benefits.

Thus, the Supreme Court confirmed the right of the families of deceased servicemen to receive appropriate compensation if there is no convincing evidence that intoxication influenced the circumstances of the death.

The Supreme Court clarified the procedure for applying the provision that allows for denying a one-time monetary benefit to a servicemember’s family members due to alcohol intoxication. The court emphasized that the mere fact of detecting alcohol in the deceased servicemember’s body is insufficient to deny payment. The Ministry of Defense must prove a direct causal link between intoxication and the servicemember’s death.

The Supreme Administrative Court dismissed the cassation appeal of the Ministry of Defense of Ukraine and agreed with the conclusions of the lower courts, which had ruled that the refusal to grant a one-time monetary benefit to the wife and two minor children of the deceased servicemember was unlawful.

Circumstances of Case No. 280/1655/25

The servicemember was mobilized into the Armed Forces of Ukraine in March 2022 and served in a military unit. In July 2023, he died while on duty.

According to the forensic medical examination report, the cause of death was acute coronary death against a background of chronic ischemic heart disease and hypertension. At the same time, a toxicological examination of the deceased’s blood revealed ethyl alcohol at a concentration of 1.4 per mille, corresponding to a mild degree of alcohol intoxication.

Subsequently, a military medical commission determined that the illness that led to the soldier’s death was related to his military service.

After the deceased’s wife applied for a one-time financial assistance payment, a commission of the Ministry of Defense denied her request. The basis for the decision was a reference to Article 16-4 of the Law “On Social and Legal Protection of Servicemen and Members of Their Families,” since, in the agency’s opinion, the serviceman’s death was a consequence of actions taken while intoxicated.

What the courts decided

The Zaporizhzhia District Administrative Court, whose conclusions were upheld by the Third Administrative Court of Appeal, concluded that the Ministry of Defense had not proven a causal link between the serviceman’s state of intoxication and his death.

The courts noted that the mere fact that the individual was intoxicated at the time of death is not sufficient grounds for denying benefits. Accordingly, the decision of the Ministry of Defense commission was overturned, and the Ministry of Defense was ordered to reconsider the application for benefits, taking into account the court’s findings. However, the courts did not oblige the agency to grant the benefit, as other conditions and grounds for its award provided for by law were not the subject of consideration in the case.

The Supreme Court’s Position

The Supreme Court agreed with these conclusions and emphasized that one-time financial assistance is a state-guaranteed social benefit for family members of deceased or fallen military personnel. Therefore, restrictions on the right to receive it may be applied only if there is proper and sufficient evidence of the grounds for refusal provided by law.

The Supreme Court’s Administrative Case Division emphasized that the provisions of Article 16-4 of Law No. 2011-XII do not link a refusal to pay to the mere fact of alcohol, drug, or toxic intoxication. The decisive factor is proving that death occurred precisely as a result of such a state or the person’s behavior while in that state.

According to the Supreme Court’s conclusion, to apply this restriction, it is necessary to establish an objective causal link between the state of intoxication, the servicemember’s behavior, and the occurrence of death. The mere fact of detecting alcohol in the body, without establishing such a link, cannot automatically deprive family members of their right to social security benefits.

When intoxication may serve as grounds for denial

In its ruling, the Supreme Court effectively distinguished between two situations in which Article 16-4 of Law No. 2011-XII may be applied.

The first concerns cases where death resulted from specific actions committed by the servicemember while intoxicated. In such a situation, it is necessary to prove not only the fact of intoxication but also the specific actions of the individual and the causal link between them and the death.

The second covers cases where alcohol, drug, or toxic intoxication, or its direct medical consequences, caused the death. This refers, in particular, to acute poisoning, alcohol-induced coma, or other pathological conditions that directly led to a fatal outcome. In such a case, this causal link must also be confirmed by appropriate evidence.

The Supreme Court noted that in this case, the cause of death was determined to be acute coronary death against a background of cardiovascular diseases, and the military medical commission confirmed the link between the disease and military service.

At the same time, neither the expert’s conclusion nor other case materials contained information indicating that alcohol was the direct medical cause of death or that the servicemember had committed any acts while intoxicated that led to fatal consequences.

Therefore, the Supreme Court concluded that the Ministry of Defense had failed to prove the existence of grounds for applying the statutory exception to the right to receive a one-time cash benefit.

This was reported by the Judicial and Legal Gazette.