**Subject of the dispute:**
The subject of the dispute in this case is the lawfulness of determining, in the certificate for the recalculation of the pension of a discharged military serviceman, the amount of the supplement for an academic degree at the level of 5% in accordance with special military legislation, instead of 15% provided for by the law on higher education.
**Main arguments relied upon by the court:**
The court noted that the provisions of the Law of Ukraine “On Higher Education” and special military legislation regulate legal relations that are completely different in their legal nature and subject composition. **** The Supreme Court within the judicial chamber had previously departed from its previous position and stated that the guarantees of the civilian educational law cannot be applied to military servicemen who perform service or teach at military educational institutions. The court emphasized that the calculation of the components of monetary allowance for the recalculation of military pensions must be carried out exclusively under special regulatory acts, in particular, Resolution of the Cabinet of Ministers of Ukraine No. 704 and Procedure No. 260. According to these specialized acts, the supplement for the academic degree of Candidate of Sciences (Doctor of Philosophy) for military personnel is exactly 5% of the official salary. Therefore, the actions of the defendant regarding the establishment of the specified percentage in the certificate are entirely lawful, and the claims of the plaintiff to increase it to 15% are unfounded. The court also rejected the motion to refer the case to the Grand Chamber of the Supreme Court, as it found no signs of an exceptional legal issue, but only the plaintiff’s disagreement with established practice.
**Court ruling:**
The Supreme Court dismissed the cassation appeal of the plaintiff and left the decisions of the courts of lower instances, which had dismissed this part of the claim, unchanged.
