Subject of the Dispute: Military Serviceman PERSON_1 challenges the inaction of military units regarding non-payment of additional compensation for participation in combat operations in the Chernihiv and Sumy regions in 2022.
Main Arguments of the Court: The Supreme Court considers that the appellate court prematurely denied the satisfaction of the claim without conducting a comprehensive analysis of the provided evidence. The court drew attention that the absence of formal documents cannot automatically deprive a serviceman of the right to compensation if there is other evidence of his participation in combat operations. The court pointed out a change in approaches to determining “direct participation” in combat operations compared to previous orders.
Court Decision: The Supreme Court revoked the resolution of the appellate court and referred the case for a new review to the Seventh Administrative Court of Appeal to fully clarify all circumstances of the case.
