1. The subject of the dispute is the appeal against the inaction of the military unit regarding the non-payment of compensation for the delay in payment of monetary allowance indexation.
2. The court of cassation upheld the decisions of the courts of previous instances, which recognized as unlawful the inaction of the military unit regarding the non-accrual and non-payment of compensation for the delay in payment of monetary allowance indexation to the plaintiff. The court noted that the right to compensation for the loss of a portion of income due to violation of the terms of its payment arises regardless of whether these amounts were previously accrued but not paid. The court also indicated that the non-payment of compensation in the month of debt repayment indicates a refusal to pay it, which does not require оформлення a separate decision. The court rejected the defendant’s arguments regarding the need for a prior application for compensation payment, since the non-payment within the established term is in itself a violation of the plaintiff’s rights. The court also took into account that at the time of payment of monetary allowance indexation, there was a court decision in effect that obligated the military unit to make such payment, and the subsequent cancellation of this decision does not affect the plaintiff’s right to compensation for the delay in payment.
3. The court dismissed the cassation appeal, and the decisions of the courts of first and appellate instances remained unchanged.
The court noted that it deviated from previous conclusions of the Supreme Court regarding the need for prior application to the institution with a request for compensation payment.
