Subject of Dispute: Female Military Service Member PERSON_1 challenges the inaction of state bodies regarding non-accrual and non-payment of indexation of monetary allowance for the period from December 2015 to December 2022.
Main Arguments of the Court:
1) Since December 2015, the procedure for indexation calculation has changed – the concept of “income increase month” has replaced the “base month”.
2) Procedure No. 1078 provides for two types of indexation: “current” and “indexation-difference”, which can be calculated separately or simultaneously.
3) The right to “indexation-difference” arises if the amount of income increase is less than the possible indexation amount in the month of increase.
Court Decision: The Supreme Court canceled the decisions of previous instances regarding the refusal to accrue indexation-difference and referred the case for a new review to establish the details of indexation calculation in detail.
