Subject of Dispute: A serviceman challenges the inaction of the State Border Guard Service regarding non-payment of additional compensation amounting to up to 30,000 hryvnias for October and November 2022.
Main Arguments of the Court:
The Supreme Court established a fundamentally important position that the courts of previous instances incorrectly applied Instruction No. 188 when assessing the serviceman’s right to additional compensation. Instead, they should have been guided by the order of the State Border Guard Service Administration dated July 30, 2022, No. 392/0/81-22-AG, which defined the mechanism for implementing Resolution of the Cabinet of Ministers No. 168. The courts had to clarify specific circumstances: whether the serviceman performed official duties, whether he was on medical treatment, for what reasons, and under what conditions.
Court Decision: To cancel previous court decisions and refer the case for a new review to the court of first instance for a detailed examination of all circumstances of the case.
