Analysis of the Court Decision:
1. Subject of Dispute: Challenging the actions of the Main Directorate of the State Emergency Service in Rivne Oblast regarding the reduction of the allowance for service specifics and bonus in the certificate of monetary compensation for pension recalculation.
2. Key Court Arguments:
The Supreme Court indicated that the courts of previous instances incorrectly assessed the circumstances of the case. In particular, they did not establish the actual amounts of the allowance for service specifics and bonus, which were actually paid for the plaintiff’s position as of January 1, 2023. The court referred to its own decision in a model case, which established that such payments should be indicated in the average amounts actually paid for the month when the right to pension recalculation arose.
3. Court Decision: To cancel the decisions of the first and appellate instance courts and refer the case for a new review to the court of first instance to establish all factual circumstances of the case.
