Son of fallen defender wins right to compensation from the Ministry of Defense in court

The Fifth Administrative Court of Appeal ordered the Ministry of Defense to reconsider the application of the son of a deceased military officer from Odesa, who applied for a one-time financial assistance in connection with the loss of a breadwinner after the death of his father.

This was reported by the Judicial and Legal Newspaper.

The father of the Odesa resident, a serviceman of the Armed Forces of Ukraine, died in September 2022, and this fact was not disputed by the parties. In March 2024, the son of the deceased applied for a one-time financial assistance, referring to the Cabinet of Ministers' resolution of February 28, 2022, which provides for the payment of 15 million hryvnias to the families of those killed during martial law (with equal shares between the recipients).

The Ministry of Defense Commission denied the boy's claim on the grounds that he was an adult at the time of his application, and therefore, in the Commission's opinion, he had to confirm the fact that he was a dependent of the deceased, in particular, with documents confirming the right to a survivor's pension or a court decision.

The guy did not agree with this and went to court, but the Odesa District Administrative Court dismissed the claim on March 18, 2025.

The court proceeded from the fact that on the date of the soldier's death (September 2022), the law provided for the right to assistance for

• parents;
• one of the spouses who did not remarry;
• minor children;
• dependents.

Since the plaintiff was an adult, he had to prove his dependent status. No such evidence was submitted. Therefore, the court recognized the actions of the Ministry of Defense as lawful.

The Fifth Administrative Court of Appeal overturned this decision, noting that the key to the case was the moment of decision-making, not the date of death, and that as of the date of the commission's decision, November 10, 2023, the law already directly referred to family members of the deceased, including children, without dividing them into adults and minors. Since the plaintiff is the son of a deceased serviceman, he falls under the category of children in the meaning of the law in force at the time. Therefore, the requirement to provide documents confirming his dependency was groundless.

At the same time, the court refused to satisfy the request to directly oblige the Ministry of Defense to allocate and pay UAH 7.5 million. The court noted that the appointment of assistance is an exercise of the discretionary powers of an administrative body. The court's task is to verify the legality of the decision, not to substitute for the government.

Кирило Бойко