Subject of the Dispute: Challenging the Refusal of the Ministry of Defense of Ukraine to Pay a Military Serviceman a One-Time Monetary Assistance upon Upgrading Disability Group from III to II after Two Years from the Initial Disability Determination.
The Court was guided by the fact that the statutory limitation of two years for the right to receive a larger assistance amount upon upgrading the disability group contradicts the Constitution of Ukraine, as the deterioration of military servicemen’s health may occur after this period. The Constitutional obligation of the state regarding social protection of military servicemen is more important than any time limitations. The Court also noted that it must apply Constitutional norms as direct action norms, even if the disputed relations arose before the law was declared unconstitutional.
The Supreme Court partially satisfied the claim – canceled the Ministry of Defense’s refusal and obliged it to consider the issue of paying the plaintiff the difference between the assistance amounts for disability groups II and III.
