1. The subject of the dispute is the serviceman’s right to receive a one-time monetary allowance upon dismissal from military service.
2. The Supreme Court overturned the decisions of previous instances that satisfied the serviceman’s claim, reasoning that only those servicemen who were dismissed on the grounds determined by the Resolution of the Cabinet of Ministers of Ukraine, and not directly by the Law “On Military Duty and Military Service,” have the right to receive a one-time monetary allowance upon dismissal. In this case, the plaintiff was dismissed on the basis of subparagraph “g” of paragraph 3 of part 5 of Article 26 of the Law of Ukraine “On Military Duty and Military Service” (due to family circumstances, when both spouses are servicemen and have a child under 18 years of age), which is not included in the list of grounds determined by the Cabinet of Ministers of Ukraine for the payment of such allowance. The court noted that since the dismissal occurred on the basis provided by law, and not by a resolution of the Cabinet of Ministers, the right to payment of a one-time monetary allowance does not arise. The Court refers to its previous practice in case No. 140/1143/23, where a similar conclusion was made.
3. The Supreme Court overturned the decisions of the courts of previous instances in the part of satisfying the claims and denied the claim for accrual and payment of a one-time monetary allowance upon dismissal from military service.
