Subject of Dispute: Military Serviceman PERSON_1 challenges the inaction of the military unit regarding the non-issuance of a certificate about the circumstances of an injury sustained during the performance of official duties.
Main Arguments of the Court:
1. The Supreme Court considers that the previous judicial instances approached the determination of court appeal terms too formally, without taking into account the specifics of military service during martial law.
2. The Court emphasized that the moment of initiating the court appeal term should be associated with the date of official refusal to issue the certificate, rather than the moment of injury.
3. The Supreme Court underlined that during martial law, the application of procedural terms cannot be mechanical and must take into account the actual circumstances of the serviceman’s service.
Court Decision: The cassation complaint has been satisfied, the court decisions of previous instances have been revoked, and the case has been referred for a new review to the court of first instance.
