Subject of Dispute: Challenging the Actions of the Ministry of Internal Affairs of Ukraine Regarding Non-Consideration of Allowances and Bonuses When Recalculating Pension for a Former Law Enforcement Officer.
The court was guided by the fact that Resolution of the Cabinet of Ministers No. 704 does not contain an imperative instruction on the mandatory percentage of allowance for service specifics and bonuses, but only establishes their maximum limits. At the same time, the courts did not clarify important circumstances of the case – the position from which the plaintiff retired, the actual sizes of allowances received, and whether the procedure for executing the previous court decision was followed. The Supreme Court noted that such shortcomings make it impossible to make a correct decision.
Court Decision: To cancel the decisions of the previous instance courts and refer the case for a new hearing to the court of first instance for a complete and comprehensive clarification of all circumstances of the case.
