1. The subject of the dispute is the appeal against the inaction of the border detachment and the obligation to accrue and pay additional remuneration to the serviceman in the amount of UAH 100,000 for participation in combat operations.
2. The court of cassation instance, overturning the decision of the court of appeal, was guided by the fact that servicemen are entitled to benefits, guarantees and compensations, including allowances and remunerations, which cannot be limited. The court noted that Order No. 392-AH, although not registered with the Ministry of Justice, was actually applied by the bodies of the State Border Guard Service to determine the mechanism for payment of additional remuneration, and ignoring it would lead to the need to return the funds already paid. The court also took into account that Sumy region, where the plaintiff performed tasks, is included in the list of territories where hostilities are conducted, and the available evidence confirms the direct participation of the plaintiff in measures to repel armed aggression. The court emphasized that violation of the procedure for the transfer of documents between military units cannot deprive a serviceman of the right to remuneration. The court deviated from the previous position regarding the application of Instruction No. 188, recognizing it as unsuitable for regulating payments established by Resolution No. 168.
3. The court of cassation instance overturned the resolution of the court of appeal and upheld the decision of the court of first instance, which partially satisfied the serviceman’s claim.
