1. The subject of the dispute is the appeal against the inaction of the Ministry of Justice of Ukraine regarding the refusal to recalculate and pay the average salary, taking into account the remuneration of the state enforcement officer for a certain period, as well as the payment of compensation for violation of the terms of payment of these incomes.
2. The Supreme Court, granting the cassation appeal, proceeded from the fact that the right to compensation for the loss of part of income due to violation of the terms of its payment arises regardless of the prior accrual of these amounts. The court emphasized that the very fact of violation of the terms of income payment is important. The court took into account the previous conclusions of the Supreme Court, indicating that the delay in the payment of average earnings, taking into account the remuneration of the state enforcement officer, is the basis for the payment of compensation for the entire period of delay. The court also rejected the defendant’s arguments regarding the need for prior application for payment of compensation, referring to the practice of the Supreme Court, according to which the refusal to pay compensation does not necessarily have to be formalized by a separate act. The court noted that the courts of previous instances did not take these circumstances into account, mistakenly refusing to satisfy the claims regarding the payment of compensation. The court departed from previous conclusions regarding the need to apply to the institution with an application for the payment of compensation.
3. The court overturned the decisions of the courts of previous instances in the part of the refusal to satisfy the claims for the obligation to pay compensation and adopted a new decision to satisfy these claims.
