Court ordered the Ministry of Defense to pay 15 million UAH to the widow of the deceased soldier: case details.

The Ministry of Defense of Ukraine denied the wife of the deceased soldier of the Armed Forces of Ukraine a payment of 15 million UAH in assistance due to her Russian citizenship. In this regard, the woman turned to the , which put a stop to the issue.

This is stated in the court ruling published in the .

Case details

According to the case materials, the wife of a Ukrainian serviceman, who died in August 2022 during artillery shelling by Russian troops in the Donetsk region, appealed to the court. After her husband's death, the widow applied to the Ministry of Defense's commission for a one-time monetary assistance of 15 million UAH provided for the families of fallen defenders, but was denied.

The reason was that the woman is a citizen of the Russian Federation. According to the court ruling, the widow has the right to permanent residence in Ukraine and was officially married to the serviceman who died in a combat zone while defending the country. Due to the denial from the Ministry of Defense, the woman turned to the court.

Court decision

Judge Ihor Marenych of the Chernivtsi District Administrative Court reviewed the case materials and all arguments of the parties. He established that the serviceman died on August 7, 2022, while the Cabinet of Ministers' resolution, which limited the right to receive one-time monetary assistance to citizens of Russia and Belarus, came into effect only on September 30, 2022.

'Taking into account the content of Article 58 of the Constitution of Ukraine and the conclusions of the Grand Chamber of the Supreme Court regarding the application of legal acts in time, the court notes that in these legal relations, the defendant, deciding on the existence of the plaintiff's right to receive one-time monetary assistance due to her husband's death, should have applied the provisions of resolution No. 168 that were in place at the time of their occurrence, namely on the date of death on 07.08.2022, and provided for the plaintiff's right to receive a share of the OGD',

As a result, the court granted the widow's claim, recognized the refusal to pay 15 million UAH as unlawful, and ordered the Ministry of Defense to assign and calculate the assistance for her. At the same time, this decision may still be appealed.

Recall that recently we wrote that Ukrainian servicemen can receive one-time monetary assistance of up to 50 thousand UAH. Where and how to read about this .

We also reported how .

A Ukrainian widow who lost her husband due to the war with Russia won a court case regarding one-time monetary assistance. This decision opens the possibility for other similar cases where the right to receive assistance under current legislation is proven.