Here is the detailed analysis of the court decision, prepared in accordance with your request:
1. **Subject Matter of the Dispute:** The case concerns the recovery of average monetary support for the period of delay in final settlement upon the discharge of a serviceman from military service.
2. **Court Arguments:**
– The court emphasized that the employer’s liability under Article 117 of the Labor Code of Ukraine is compensatory in nature; therefore, its amount must be commensurate with the amount of funds actually unpaid.
– The Supreme Court noted that the Grand Chamber, in its ruling dated October 8, 2025, in case No. 489/6074/23, departed from its previous position, confirming that even after the introduction of the legislative limitation of payment to six months, courts are obligated to apply the criteria of fairness and proportionality when determining the amount of compensation.
– The court clarified that since the disputed period covers the time both before and after July 19, 2022, it is necessary to apply different versions of Article 117 of the Labor Code of Ukraine: prior to the specified date — without a time limit, and after — taking into account the six-month limit.
– The lower courts incorrectly determined the amount of compensation by simply equating it to the amount of the debt, without applying the proper formula for calculating the share of the average salary.
– For the correct resolution of the case, the courts must establish the total amount of due payments, the share of unpaid funds, and determine the proportional percentage of the average salary subject to recovery.
– Since the courts of first and appellate instances did not examine these circumstances and did not perform proper calculations, the Supreme Court deemed their decisions premature and non-compliant with the requirements of procedural law.
3. **Court Ruling:** The Supreme Court set aside the decisions of the courts of first and appellate instances and remanded the case for a new trial to the Mykolaiv District Administrative Court.
