1. The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to accrue and pay the average earnings for the delay in settlement upon the serviceman’s dismissal.
2. The court of cassation instance, when considering the case, focused on the fact that the courts of previous instances did not fully clarify the circumstances relevant to the correct resolution of the case, in particular, did not establish the exact amount of debt to the plaintiff at the time of dismissal and its ratio to the total amount of payments due. The court indicated that the appellate court erroneously applied a reduction coefficient linked to the statute of limitations, which does not correspond to the practice of the Supreme Court. Also, the court of cassation instance emphasized the need to take into account the compensatory nature of the payment of average earnings for the period of delay in settlement, which requires the court to assess the proportionality of the amount of compensation and the amount of the principal debt. **:** The court took into account the conclusions of the Grand Chamber of the Supreme Court regarding the application of the provisions of Article 117 of the Labor Code of Ukraine, in particular, regarding the possibility of reducing the amount of compensation, taking into account the specific circumstances of the case.
3. The Supreme Court overturned the decision of the appellate court and sent the case for a new consideration to the court of appellate instance for a complete and comprehensive clarification of the circumstances of the case and the correct application of the norms of substantive law.
