Analysis of the Court Decision:
1. Subject of Dispute: Establishing the fact of cohabitation between a woman and a deceased serviceman without marriage registration to obtain monetary payments.
2. Main Arguments of the Court:
The Supreme Court considers that the courts of previous instances incorrectly left the application without consideration. The court emphasized that improper identification of interested parties cannot be grounds for refusing to consider the case. Moreover, the court had the right to independently involve the son of the deceased serviceman as an interested party.
3. Court Decision: Revoke previous court decisions and refer the case for a new review to the court of first instance for proper identification of case participants and its substantive consideration.
The key thesis of the decision is that procedural formalities cannot impede the protection of an individual’s rights, especially in cases related to social protection.
