The subject matter of this dispute is the claims of a serviceman seconded to the State Enterprise “Ukraerorukh” to declare the enterprise’s omission unlawful and to oblige it to calculate and pay an additional monetary reward in the amount of UAH 30,000 monthly in accordance with Resolution of the Cabinet of Ministers of Ukraine No. 168.
The Court was guided by the fact that the legal regulation of the monetary allowance of regular servicemen and those seconded to civilian state enterprises or institutions is governed by different regulatory legal acts. The payment of monetary allowance to seconded military personnel is regulated by the special CMU Resolution No. 104, which provides for payments at the expense of the host institution based on the official salaries of civilian employees of this institution rather than military standards. The additional reward provided for by CMU Resolution No. 168 is a temporary incentive measure exclusively for those servicemen who directly defend the sovereignty and territorial integrity of Ukraine, and its scope does not extend to persons seconded to civilian enterprises. Furthermore, the State Enterprise “Ukraerorukh” is not a military body or a manager of budget funds for such defense payments, and its management has no legal authority to issue orders for the payment of the additional military reward. ****: The Supreme Court, sitting as a panel of judges, supported the conclusion of the Judicial Chamber, which officially departed from its previous legal positions in similar cases where the right of seconded servicemen to receive such payment had previously been recognized.
The Supreme Court granted the cassation appeal of “Ukraerorukh”, vacated the ruling of the court of appeals, and upheld the decision of the court of first instance, which had fully dismissed the serviceman’s claim.
