Here is the translation of the legal analysis:
Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal of a Military Serviceman.
Main Arguments of the Court:
1. The period of recovery of average earnings covers the interval from August 11, 2021, to May 02, 2024.
2. The Court changes the previous practice and indicates the need for a differentiated approach to the application of Article 117 of the Labor Code of Ukraine before and after July 19, 2022.
3. Until July 19, 2022, the payment of average earnings is made without limitation of term, after this date – no more than 6 months.
Court Decision: To cancel the resolution of the appellate court and refer the case for a new review to recalculate the amount of average earnings taking into account the provided explanations.
