The Supreme Court overturned the ruling ordering the payment of 15 million hryvnias to the soldier's family
On June 30, the Supreme Court of Ukraine overturned previous rulings that had awarded the family of a servicemember a payment of 15 million hryvnias. The court noted that death from illness does not fall under the definition of “death in the line of duty” for the purposes of increased compensation.
The right to a one-time cash benefit (OCB) in the amount of 15 million hryvnias under Cabinet of Ministers Resolution No. 168 arises in the event of a servicemember’s death while defending the homeland. The most contentious issue remains whether this payment applies to cases of death from an illness that arose while performing official duties.
The conclusion of the military medical commission is of key importance: if the death is related to the defense of the homeland, a one-time cash benefit of 15 million UAH is awarded; if it is related only to service, the payment is made in accordance with Resolution No. 975 (750 subsistence minimums).
In Case No. 620/10029/24, the Supreme Court considered whether the concept of “death in the line of duty” encompasses deaths from illness while performing combat missions. The lower courts had granted the family’s claim, noting the connection between the death and the combat mission.
However, the Supreme Court overturned these decisions and denied the claim, applying a literal interpretation of Resolution No. 168. The court noted that “death in the line of duty” does not include death from illness unless it results from a wound, concussion, or injury. It was also emphasized that the list of grounds for the 15 million hryvnia payment is exhaustive.
At the same time, five judges issued dissenting opinions, stressing that the lack of a clear distinction between “death” and “fatality” should be interpreted in favor of social protection for military personnel. They also cited the state’s constitutional obligation to ensure the protection of military personnel’s families.
The Supreme Court’s ruling establishes a narrow, literal interpretation of the rules governing the payment of 15 million hryvnias, but the presence of dissenting opinions leaves room for future changes in practice, writes the Judicial and Legal Gazette.
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