1. The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to accrue and pay the serviceman additional monetary remuneration for participation in combat operations.
2. The court of cassation instance, overturning the decision of the appellate court, emphasized that to confirm the direct participation of servicemen in combat operations, it is sufficient to have a complex of information from various documents, and not just their totality. The court took into account that the Chernihiv region, where the plaintiff served, was included in the list of areas of combat operations, according to the order of the Commander-in-Chief of the Armed Forces of Ukraine. The court also noted that deficiencies in documents drawn up by authorized persons, or violations of the procedure for transferring documents between military units, should not have negative consequences for the serviceman, if the fact of participation in combat operations is confirmed by other evidence. The court emphasized that the refusal to pay additional remuneration cannot be based on formal requirements for the execution of documents, such as a combat log. The court departed from a purely formal approach to the evaluation of evidence, emphasizing the need to take into account the entire set of circumstances and evidence confirming the participation of the serviceman in combat operations.
3. The Supreme Court overturned the decision of the appellate court and upheld the decision of the court of first instance, which satisfied the serviceman’s claim.
