1. The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to accrue and pay additional monetary payments to the serviceman upon dismissal.
2. The Supreme Court partially granted the cassation appeal, indicating that the courts of previous instances had not fully established the circumstances of the case. In particular, regarding the non-inclusion of additional remuneration (UAH 30,000), established by Cabinet of Ministers Resolution No. 168, in the composition of monetary allowance when calculating compensation for unused vacation, the Supreme Court noted that the courts did not investigate the actual circumstances of the payment of this remuneration and its impact on the calculation of compensation. Regarding the non-payment of financial assistance for health improvement for 2024, the Supreme Court indicated that the courts did not clarify the basis for the plaintiff’s dismissal, which is a determining factor for the right to receive annual leave and, accordingly, financial assistance. Also, the courts did not investigate whether the plaintiff applied with a report for receiving this assistance. The Court noted that, unlike the rules for calculating the amount of assistance for health improvement, paragraph 6 of Section XXXI of Procedure No. 260 does not contain any reservations regarding the prohibition of taking into account remunerations in the composition of monetary allowance from which the amount of the corresponding compensation is calculated.
3. The Supreme Court overturned the decisions of the previous instances in the part of refusing to pay compensation for unused vacation, taking into account additional remuneration, and refusing to pay financial assistance for health improvement for 2024, sending the case for a new trial to the court of first instance.
