Good day! I will gladly analyze this court decision for you.
1. The subject of the dispute is the actions of the military unit regarding the accrual of indexation of monetary allowance to a serviceman for the period from 2015 to 2018.
2. The court of cassation instance, considering the case, drew attention to the fact that the courts of previous instances incorrectly applied the norms of legislation that regulate the procedure for indexation of monetary allowance of servicemen. In particular, the courts did not take into account that since December 2015, uniform indexation rules have been in effect, regardless of the date of acceptance into service or the increase in monetary allowance. Also, the courts did not clarify all the circumstances necessary for calculating the so-called “indexation-difference,” which is paid when the salary increase does not cover the amount of indexation. The court emphasized that in the event of a dispute, the court must verify the validity of the indexation calculations and indicate the specific amount that the defendant is obliged to pay.
3. The Supreme Court overturned the decisions of the previous courts in the part of determining the specific amount of indexation and sent the case for a new trial to the court of first instance to clarify all the necessary circumstances and correctly calculate the amount of indexation.
