The Administrative Court satisfied the claim of the military lawyer in full and ordered the military unit to transfer and pay cash security (basic, additional and one-time cash security) for the period from January 29, 2020 to November 30, 2020.
The court proceeded from the amount of salary and salary for military rank, determined by multiplying the subsistence level for able-bodied persons established by law on 01.01.2020 by the appropriate tariff rate in accordance with Annexes 1, 14 of the Cabinet of Ministers of Ukraine from 30.08.2017 №704.
According to the circumstances of the case, the Plaintiff in the period from 29.01.2020 to 30.11.2020 the amount of his salary and salary by military rank was not determined by multiplying the subsistence level for able-bodied persons established by law on January 1 of the year by the appropriate tariff rate. Thus, the Defendant's inaction was unlawful.
Given the above, the administrative court concluded that the existing inaction on not conducting from 29.01.2020 recalculation, cash benefits, based on the amount of salary and salary for military rank, determined by multiplying the subsistence level for able-bodied persons established by law on 01.01.2020 for the relevant tariff coefficient in accordance with Annexes 1, 14 of the Resolution of the Cabinet of Ministers of Ukraine dated 30.08.2017 № 704, and therefore, as a consequence, should be obliged to transfer and pay cash collateral (basic, additional and one-time cash collateral) for the period 29.01.2020 to 30.11.2020 on the basis of the resolution of the Cabinet of Ministers of Ukraine dated 30.08.2017 № 704 On financial support of servicemen, privates and officers and some other persons, based on the size of the salary and salary for military rank, determined by multiplying the subsistence level for able-bodied persons established by law on 01.01.202 0 for the relevant tariff coefficient in accordance with Annexes 1, 14 of the Resolution of the Cabinet of Ministers of Ukraine dated 30.08.2017 in № 704.
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