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A legal challenge has begun in Ukraine to have a young New Zealand soldier who died in a drone strike on the frontline – but is still formally listed as missing – be reclassified as killed in action.

If successful, the case would allow the grieving parents of 26-year-old Shan-Le Kearns to receive the $615,000 in compensation the Ukrainian Government provides for the families of troops killed in action (KIA).

Kearns was a member of the Ukraine International Legion – the country’s foreign fighting force – and died after a Russian drone dropped a grenade on him in April.

One of five New Zealanders known to have died in Ukraine since the war began, Kearns had been trying to save wounded colleagues when he was killed.

Despite graphic video footage of both the strike and its aftermath, Kearns is still listed as missing in action (MIA) because his body has not been recovered.

A legal challenge is being mounted to have young Kiwi Shan-Le Kearns classified as killed in action, rather than missing. Photo / Supplied

The civil court action is being taken in Ukraine by the R T Weatherman Foundation; an American non-profit that offers support to soldiers in Ukraine and their families.

Shan-Le’s father Gary Kearns told the Herald the family appreciated the work being done.

“I can’t thank the Weatherman Foundation enough ... the loss of Shan-Le would have been far more difficult to navigate if not for their efforts,” he told the Herald.

Ukrainian ambassador to Australia and New Zealand, Vasyl Myroshnychenko, paid tribute to Shan-Le Kearns on social media. Photo / Supplied

Kearns – who went by the military callsign “Oxide” – died in fighting near the town of Dvorichna.

Ukrainian ambassador to Australia and New Zealand, Vasyl Myroshnychenko, was among those to pay tribute to him, sending his “sincere condolences” to Kearns’ family and friends.

“My country remains forever thankful for Shan, for other New Zealanders, for Australians, for all nationals who come to Ukraine’s defence, even at the risk of their own lives,” he said.

Because Kearns’ body hasn’t yet been recovered, the young Kiwi remains formally listed as MIA; a classification given to at least 35,000 soldiers fighting on the Ukrainian side.

Inside the legal fight

Bereaved families of fallen members of the Armed Forces of Ukraine – including the Ukraine International Legion – receive a $614,000 compensation payment.

Lauren Guillaume, the Kyiv-based director of programmes for American non-profit RT Weatherman Foundation, is involved with the families of three of the five New Zealanders killed in Ukraine. Photo / Supplied

But the death first has to be legally proven; either by the return of remains or via civil action.

The video and photographic evidence of Kearns’ tragic death has not been enough for him to yet be reclassified from MIA to KIA.

His case is the latest to be taken on by the Foundation, which says it is currently working with the families of more than 140 soldiers from 30 countries.

The legal challenge will require statements from some of Shan-Le Kearns' colleagues. Photo / Supplied

The Foundation’s Kyiv-based director of programmes Lauren Guillaume told the Herald the legal action would also feature evidence from those who might have witnessed their squad mates’ death.

“We collect evidence and use our Ukrainian lawyer to petition a Ukrainian judge, through a civil case, that this person’s status should be changed from missing in action to killed in action ... that there is significant evidence to show that they did die on the battlefield, that they’re not coming back,” Guillaume told the Herald.

“This is super important for families.”

Although he lost his life in April, work on Kearns’ proposed reclassification has had to wait until October because a court case can’t be submitted until six months has passed since the date the soldier was declared MIA.

Shan-Le Kearns' family are backing the RT Weatherman Foundation in their legal challenge. Photo / Supplied

Once presented to a court in Kyiv, it can take up to a year for a decision to be made.

Military officials then have 30 days to appeal if they believe the soldier may still be alive, or a prisoner of war.

The Weatherman Foundation has successfully changed the status of two soldiers – from the US and the UK – from MIA to KIA. The British case was held recently and is still under the 30-day appeal period.

New Zealand fighter Shan-Le Kearns became the fourth Kiwi to die in the Russia-Ukraine War in April. He was a member of the Ukraine International Legion. Photo / Supplied

“What we tell the families is we can’t take your grief away, but what we can do is try to help on the admin side of things, especially here in Ukraine,” Guillaume said.

“When you don’t have that closure, you don’t have those definite answers, it’s difficult to grieve.”

Guillaume added she hadn’t given up hope of recovering the remains of Kearns, as well as those of another New Zealander who the Herald revealed last weekend was reported killed in May – this country’s fifth in the war.

Lauren Guillaume speaking at the funeral for Kiwi soldier Dominic Abelen. The Foundation helped repatriate his remains. Photo / Supplied

Why Kearns’ case is personal

Prior to his death, Kearns had provided statements to Kyiv-based staff at the non-profit to help reclassify others from MIA to KIA.

“When he died, that was closer to our team because we knew him, and now we’re doing the same process for him that he helped others with.”

Guillaume says he told her he “really wanted to be in Ukraine trying to help”, and had no regrets about travelling there despite the risks.

Kearns travelled to Ukraine from a civilian – not military – background.

“He was incredibly sweet, extremely kind, very willing to learn and to help protect people,” Guillaume said.

Neil Reid is a Napier-based senior reporter who covers general news, features and sport. He joined the Herald in 2014 and has 33 years of newsroom experience.