GENERALIZATION OF THE SUPREME COURT’S LEGAL POSITIONS REGARDING THE PAYMENT OF ONE-TIME FINANCIAL ASSISTANCE TO THE FAMILY MEMBERS OF DECEASED MILITARY PERSONNEL
DOI:
https://doi.org/10.33216/2218-5461/2026-51-1-11-22Abstract
This article provides a systematic review and summary of the Supreme Court’s recent legal positions regarding the appointment and payment of one-time financial assistance in the event of the death, disability, or partial loss of working capacity (without establishing disability) of military personnel, conscripts, and reservists. This assistance is provided in accordance with Articles 16, 16-1, and 16-2 of the Ukrainian Law “On the Social and Legal Protection of Military Personnel and Their Families”. In conditions of armed aggression, the role of military personnel in ensuring Ukraine’s national security and defense is indisputable. This requires enhanced social security and high-level social guarantees for this category of individuals.
The largest number of disputes in this area of social relations arises in relation to the following circumstances: establishing the circle of persons entitled to receive one-time financial assistance; determining the means of proving the existence of actual family relations or dependency; identification of possible procedural grounds for refusing to grant assistance; consequences of previous payments in the event of new circumstances; violations in the calculation of the amount of one-time cash assistance due to an incorrect determination of the base year for calculating the subsistence minimum; and refusal to recalculate due to a change in the causal link of disability.
The conclusions state that the Supreme Court’s legal positions, formed when resolving disputes over the payment of one-time financial assistance to family members of deceased military personnel, align with the fundamental positions of the Constitutional Court of Ukraine and the European Court of Human Rights. These positions establish standards that fulfill the state’s constitutional obligation to this group, providing them with “high-level social guarantees”.
