Good day! Of course, I will analyze this court decision.
1. The subject of the dispute is the inaction of the military unit regarding the failure to take into account indexation and additional remuneration when calculating financial assistance for health improvement, one-time financial assistance, and compensation for unused vacations for a serviceman.
2. The court of first instance granted the claim, considering that the additional remuneration provided for by постановa [Resolution] of the Cabinet of Ministers of Ukraine No. 168 is of a monthly nature and must be taken into account when calculating payments, as well as indexation of monetary allowance. The appellate court partially overturned this decision, agreeing with the need to take indexation into account, but rejected the claim to take into account additional remuneration, considering it a temporary payment. The Supreme Court partially supported the position of the appellate court regarding the failure to take into account additional remuneration when calculating financial assistance for health improvement and one-time financial assistance, citing the fact that Procedure for Payment of Monetary Allowance No. 260 excludes remuneration from the calculation of these payments. At the same time, the Supreme Court did not agree with the appellate court regarding the failure to take into account additional remuneration when calculating compensation for unused vacations, since Procedure No. 260 does not contain restrictions regarding taking remuneration into account when calculating this payment. The court noted that the additional remuneration, although paid during martial law, is of a permanent nature of payment.
3. The Supreme Court partially granted the cassation appeal, amending the decision of the appellate court regarding the reasons for refusing to take into account additional remuneration when calculating financial assistance and one-time financial assistance, and upheld the decision of the court of first instance regarding taking into account additional remuneration when calculating compensation for unused vacations.
