A resident of Khmelnytskyi region applied to the court with a statement to establish the fact of her being dependent on her nephew, a serviceman who died while performing a combat mission in the Donetsk region. She needs to establish this fact in order to receive a lump-sum payment in accordance with the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families”. About this informed Khmelnytskyi Court of Appeal.
The applicant explained that her nephew's mother had died and his father had been deprived of parental rights, so she had been his official guardian since 2010. Before being mobilized into the Armed Forces of Ukraine, they lived together at the same address. During his military service, his nephew sent her money to his bank card and took care of her as if she were his own mother.
The application was considered by the Kamianets-Podilskyi City District Court of the Khmelnytskyi region. In its opinion, there is no evidence in the case that the nephew provided assistance during his lifetime that would be a permanent and main source of livelihood for the applicant. In addition, she is in a registered marriage with an able-bodied man, has adult children with whom she lives together. Therefore, the application was refused.
The woman appealed this decision to the Court of Appeal, asking it to overturn it and grant her application.
However, the appeal court agreed with the findings of the first instance court. It noted that the applicant is an adult, able-bodied, unemployed, receives a Group III disability pension, has a husband and an adult daughter and son who receive income and live with her.
The panel of judges stated that the appellant's arguments and the evidence examined in the local court did not confirm that her nephew's financial assistance was her main and permanent source of livelihood, nor that he fulfilled his obligation to support her.
The reasons for the decision of the Court of Appeal in case No. 676/4750/24 can be found in the Ukrainian Public Prosecutor's Office.
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