Supreme Court: Payments to families of deceased military personnel should be calculated individually for each individual

The Supreme Court has formed an important legal position on the procedure for calculating monthly cash benefits for family members of deceased servicemen. In its resolution of April 9, 2026 in case No. 380/9003/25, the court concluded: such a payment should be made to each family member separately, and not distributed between them as a single amount.

The dispute arose due to the practice of the Pension Fund bodies, which actually divided one minimum wage between several recipients. In a specific case, the child of the deceased Hero of Ukraine was paid only part of the amount, since other family members were also entitled to assistance. The plaintiff challenged this approach, demanding the calculation of the full amount of the payment.

The courts of first and appellate instances upheld the claim, and the Supreme Court agreed with their conclusions. The court emphasized that the analysis of the provisions of the Law of Ukraine No. 2454-ИХ shows that each family member has an independent right to receive the payment. Accordingly, its amount cannot be reduced by proportional division between recipients.

Separately, the Supreme Court emphasized that even in the absence of a clear norm regarding the distribution mechanism, authorities do not have the right to independently establish a procedure that narrows the scope of citizens’ rights. Such an approach contradicts the principle of the rule of law and the requirements of legal certainty.

The court also formulated a general approach to interpreting the norms: in case of ambiguity in the legislation, one should choose the option that is most favorable for the person and ensures the maximum realization of his rights.

At the same time, the Supreme Court drew attention to the fact that from January 1, 2026, the legislation was changed: the new version provides for a different mechanism – payment in the amount of 1.5 times the minimum wage with subsequent distribution between family members. Thus, the court effectively distinguished approaches to legal relations that arose before and after the amendments.

This legal position is of key importance for the formation of a unified practice and protection of the rights of the families of deceased defenders, as it eliminates the possibility of arbitrary reduction of state social guarantees.