
The mother of a serviceman who was killed during the special military operation filed a lawsuit seeking to deprive her former husband of the right to receive insurance and social benefits, and to have him declared an unworthy heir. In her view, the father had not taken part in raising his son since childhood, had not provided financial support, had not paid child support, and had maintained no relationship with the child, including after the divorce.
The courts of first instance, appeal, and cassation all dismissed the claim. They held that the father had not been formally stripped of parental rights, had not been held criminally liable for failure to pay child support, and had been declared legally incapable for a long period and placed in a psychoneurological residential institution, which, in the courts’ view, excluded the possibility of his performing parental duties.
The applicant filed a complaint with the Supreme Court of the Russian Federation, arguing that the right to benefits and inheritance should belong only to those parents who had genuinely fulfilled their obligations and had a real family connection with the deceased.
The Civil Chamber explained that when deciding whether the parents of a deceased serviceman are entitled to social support measures, courts must take into account not only the formal status of the parent, but also the actual performance of parental duties and the nature of the relationship with the child. Since these circumstances had not been properly examined by the lower courts, the case was sent back for a new hearing.