How DNA testing “buried” a living soldier
10 February 18:35
The family of Ukrainian soldier Nazar Daletsky, who was long considered dead but returned alive from Russian captivity in February, will be forced to return to the state the one-time financial assistance paid in connection with his death.
This was announced by Taras Podvirny, representative of the Verkhovna Rada’s Human Rights Commissioner in the Lviv region, according to "Komersant Ukrainian".
What is the essence of the problem?
According to Podvirny, from a legal point of view, the state acted in accordance with the documents available at the time: the soldier’s death was officially confirmed, in particular on the basis of DNA testing.
“The family must return the funds that the state paid as a one-time cash benefit for the death of the soldier. This legal precedent will be resolved,” he said.
At the same time, he acknowledged that this was a system error and added that now they have to find out who made this mistake and how.
Why this seems paradoxical
A particular question arises from the fact that Nazar Daletsky’s death was confirmed by DNA testing, which is considered one of the most accurate methods of identification.
“We understand that DNA testing is extremely accurate, especially in the fourth year of a full-scale war. However, such cases do happen,” Podvirny noted.
So far, no government agency has publicly explained how such a misidentification could have occurred.
The human dimension
Podvirnyi himself emphasized that the main thing for the family is not money, but that their son and brother is alive and has returned home.
“The greatest happiness for the family is that the soldier has returned home, not the money,” he said.
At the same time, he said, from a formal legal point of view, the return of the funds is inevitable.
How Nazar Daletsky became “dead”
Nazar Daletsky was a participant in the Anti-Terrorist Operation (ATO) and, with the start of full-scale war, served in the 24th Separate Mechanized Brigade named after King Danylo.
In May 2022, he disappeared from communication.
At the same time, his mother received a call from a man who introduced himself as a Russian military officer and said that Nazar was alive and in captivity.
Later, the family was officially informed of Daletsky’s death on September 25, 2022, in the Kupiansky district of Kharkiv region — on his birthday.
This was confirmed by DNA testing; his mother provided biological material.
In September 2023, the family held a funeral in the Lviv region.
Return from captivity
In July 2025, a Ukrainian soldier released from captivity reported that Nazar was alive.
This was later confirmed by several other defenders.
On February 5, during a prisoner exchange, Nazar Daletsky returned to Ukraine.
He is currently undergoing rehabilitation.
UPDATE: What will happen to payments to families?
The Ukrainian Parliament Commissioner for Human Rights, Dmytro Lubinets, commented on the high-profile precedent: the soldier’s family received a one-time cash payment (OGD) in connection with his alleged death, but recently the defender returned home as part of a prisoner exchange.
Key facts of the situation:
- Legality of payments: The money was received by the family without any violations — at the time of payment, the soldier officially had the status of deceased.
- Status of funds: As of now, no decisions have been made regarding the mandatory return of the payment to the state.
- Legislative gap: Ukraine currently lacks a clear legal mechanism for regulating such situations.
According to the Ombudsman, this case should serve as a basis for creating new, fair procedures. The main goal is to protect the rights of soldiers and their loved ones, avoiding bureaucratic pressure and additional trauma for people who have gone through captivity and uncertainty.
What steps have already been taken?
To systematically resolve the issue, Dmytro Lubinets initiated the following actions:
- Requests to the Ministry of Defense and the Ministry of Health: An analysis of the quality and accuracy of DNA testing has been launched to minimize the risk of errors in the future.
- Legal audit: The legal aspects of this particular case are being collected and analyzed to develop an algorithm of actions.
“Our main task is to prevent the violation of the rights of the Hero and his family and to ensure a fair decision,“ the Ombudsman concluded.