Here is a detailed analysis of the court decision in case No. 420\/22165\/23:<\/p>\n
**1. Subject of the Dispute**
\nThe subject of the dispute is the lawfulness of the inaction of the State Enterprise “Ukraerorukh” regarding the failure to pay additional remuneration to a serviceman seconded to this enterprise, as provided for by Resolution of the Cabinet of Ministers of Ukraine No. 168 during the period of martial law.<\/p>\n
**2. Main Arguments of the Court**
\nThe Court departed from its previous position, noting that the provisions of Resolution of the Cabinet of Ministers of Ukraine No. 168 do not apply to servicemen seconded to state bodies, institutions, and organizations, as their monetary support is regulated by a special Resolution of the Cabinet of Ministers of Ukraine No. 104. The Supreme Court emphasized that the courts of lower instances mistakenly conflated the procedure for the payment of monetary support for ordinary servicemen and for seconded personnel. At the same time, the Court drew attention to the fact that during secondments to operational-tactical groups, the plaintiff actually participated in combat operations, which requires clarification as to who exactly was his immediate commander during these periods. The Court emphasized that the lawfulness of the claims against “Ukraerorukh” depends on establishing the proper entity that was required to make payments during combat secondments. Since the courts of first and appellate instances did not establish whether the plaintiff was paid monetary support by other military formations during the periods of secondment, the decision was deemed premature. The Supreme Court pointed out the need to verify the issue of the proper defendant, as “Ukraerorukh” may not be the entity responsible for payments for the period of performing combat tasks as part of other units.<\/p>\n
**3. Court Decision**
\nThe Supreme Court partially satisfied the cassation appeal, overturned the decisions of the lower courts, and remanded the case for a new trial to the court of first instance to establish all factual circumstances.<\/p>\n