1. The subject of the dispute is the appeal against the defendant’s actions regarding the preparation of a certificate on the amount of the plaintiff’s monetary allowance for the recalculation of the pension, as well as the obligation to amend this certificate taking into account certain allowances and bonuses in the amounts determined by the plaintiff.
2. The court of cassation upheld the decisions of the courts of previous instances, which partially satisfied the claim, based on the fact that the amount of surcharges for an academic degree and academic rank for the recalculation of pensions, assigned in accordance with the Law of Ukraine “On Pension Provision for Persons Dismissed from Military Service, and Some Other Persons”, is determined on the basis of special regulatory legal acts governing the social security of military personnel, in particular, Resolution of the Cabinet of Ministers of Ukraine No. 704 and Procedure No. 260. The court noted that the defendant rightfully applied these provisions and indicated in the certificate surcharges for an academic degree and academic rank in the amount of 5% each. The court rejected the plaintiff’s arguments about the need to apply the provisions of the Law of Ukraine “On Higher Education” in terms of determining the amount of allowances. The Supreme Court departed from the previous conclusion made in the decision of the Supreme Court dated June 21, 2023 in case No. 380/24050/21.
3. The Supreme Court dismissed the cassation appeal and upheld the decisions of the courts of previous instances.
