1. The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to accrue and pay the serviceman additional remuneration in the amount of up to UAH 100,000 for the period of martial law.
2. The court of cassation established that in order to resolve the issue of the legality of payment of additional remuneration to a serviceman of the anti-aircraft missile division, it is necessary to establish the fact of his performance of combat missions to fire at aerial targets, which must be confirmed by relevant documents, such as reports, logs, and orders. The court noted that the courts of previous instances did not investigate the issue of cases of fire damage to aerial targets on certain days during the disputed period, and also did not request the necessary evidence to clarify these circumstances. The court emphasized the obligation of the administrative court to actively clarify all the circumstances of the case, including the detection and request of evidence on its own initiative. The court pointed out that the courts of previous instances did not adhere to the principle of officially clarifying all the circumstances of the case, which made it impossible to establish the factual circumstances relevant to the proper resolution of the case. The court noted that in the decision of April 22, 2025, in case No. 520/17681/23, the Supreme Court had already expressed a legal position regarding the payment of additional remuneration to servicemen of the Anti-Aircraft Missile Forces of the Armed Forces of Ukraine.
3. The Supreme Court overturned the decisions of the previous courts and sent the case for a new trial to the court of first instance.
