Military serviceman recovered an additional 131,000 UAH for delayed settlement after receiving over 1 million UAH through court

The Zaporizhzhia District Administrative Court considered a case filed by a former serviceman against a military unit regarding the recognition of unlawful inaction related to the non-accrual and non-payment of average earnings for the period of delay in the final settlement upon dismissal, as well as the recovery of such earnings and compensation for moral damages.

Essence of the case and positions of the parties

The plaintiff served in the military by conscription during mobilization from February 24, 2022, to April 2, 2024, holding the rank of captain.

On April 21, 2022, while directly participating in combat operations and performing combat tasks to defend Ukraine, he sustained severe mine-explosive and gunshot wounds. After the injury, the serviceman underwent prolonged treatment, multiple surgeries, prosthetics, and rehabilitation, including abroad, and was on medical leave based on military medical commission conclusions.

Following the military medical commission's results, he was declared unfit for military service and removed from military records, and the medical-social expert commission assigned him a Group IB disability.

Before dismissal, the serviceman's representative repeatedly contacted the military unit regarding the full settlement. The military unit made some payments only after these requests but did not complete the full settlement.

By order of the military unit commander, the plaintiff was removed from the personnel lists and all types of support as of April 2, 2024.

After dismissal, the serviceman appealed to the administrative court, claiming that during the final settlement, the military unit did not fully accrue and pay the amounts due, including additional remuneration under Cabinet of Ministers Resolution No. 168, monetary allowance for the last position, and compensation for unreceived property.

The Zaporizhzhia District Administrative Court initially dismissed the claim. However, on October 3, 2024, the Third Administrative Court of Appeal overturned this decision and satisfied the claim.

The appellate court recognized the military unit's inaction regarding the non-accrual and non-payment of due amounts as unlawful, annulled certain provisions of the commander's order, and obliged the military unit to prepare a certificate of property value, calculate and pay compensation for unreceived property, accrue and pay increased additional remuneration according to Resolution No. 168 for the treatment, prosthetics, and rehabilitation period, and pay full monetary allowance for the last position until the plaintiff's removal from personnel lists.

Execution orders were issued following the appellate court's ruling. However, the military unit did not voluntarily comply, forcing the plaintiff to seek enforcement through state executive authorities.

The court later established judicial control over the enforcement of the decision.

During enforcement proceedings, the military unit was reorganized, and its successor was another military unit. The court replaced the debtor in the case and enforcement proceedings accordingly.

Additionally, the court changed the method and procedure of enforcement, replacing the obligation to accrue and pay the respective amounts with the recovery of a specific monetary sum of 1 million UAH, as the military unit had already made the necessary accruals by then.

Part of the funds was paid voluntarily, and the rest was recovered by the State Treasury Service through uncontested debiting from the military unit's accounts.

The final settlement with the former serviceman was completed only on March 18, 2026.

This circumstance became the basis for a new lawsuit, in which the plaintiff requested recognition of the military unit's unlawful inaction regarding the non-accrual of average earnings for the delay period in the final settlement upon dismissal, recovery of over 513 thousand UAH of average earnings for the period from April 2, 2024, to March 18, 2026, and 50 thousand UAH for moral damages.

The plaintiff noted that on the dismissal day, the military unit did not complete the full settlement, as it did not pay all due monetary allowances, additional remuneration, and compensation for unreceived property.

According to him, only after court appeals, receiving the appellate court's ruling, opening enforcement proceedings, establishing judicial control over enforcement, and applying compulsory enforcement through state executive and treasury authorities did the military unit gradually comply with the court decision.

The plaintiff emphasized that the Third Administrative Court of Appeal confirmed the unlawful inaction of the military unit regarding non-accrual and non-payment of due amounts. However, actual payment was completed only on March 18, 2026, although he was removed from personnel lists on April 2, 2024.

In the plaintiff's view, March 18, 2026, is the date of the final settlement upon dismissal, and therefore, according to Articles 116 and 117 of the Labor Code of Ukraine, he is entitled to average earnings for the entire delay period.

Based on the military unit's certificate of monetary allowance for February and March 2024, the plaintiff calculated a daily average wage of 717.76 UAH and computed average earnings for 715 calendar days of delay amounting to 513,198.40 UAH.

Additionally, the plaintiff requested 50,000 UAH for moral damages, arguing that the prolonged non-enforcement of the court decision and untimely final settlement caused significant mental suffering, humiliation of honor, and dignity.

The military unit opposed the claim. The defendant stated that the additional remuneration under Cabinet Resolution No. 168 is a one-time additional monetary allowance paid only under specific legal conditions.

Regarding the claim for average earnings, the military unit referred to Article 117 of the Labor Code of Ukraine and the practice of the European Court of Human Rights, particularly the case "Menshakova v. Ukraine."

The defendant argued that after the court decision ordering payment, the disputed legal relations shift to enforcement. Therefore, the obligation under Article 117 of the Labor Code to pay average earnings for delayed settlement does not apply during the enforcement period of the court decision.

The military unit also considered the moral damages claim unfounded, stating the plaintiff did not prove all elements of civil liability, including the fact of moral damage, causal link between the defendant's actions and such damage, or justify the amount claimed.

Therefore, the defendant requested full dismissal of the claim.

Legal assessment by the court

After examining case materials No. 280/3631/26, the Zaporizhzhia District Administrative Court noted that the Third Administrative Court of Appeal's ruling of October 3, 2024, established the unlawful inaction of the military unit regarding non-accrual and non-payment of due monetary allowances, additional remuneration, and compensation for unreceived property.

The court also considered that the final payment to the plaintiff was made only on March 18, 2026, confirmed by a letter from the State Treasury Service about uncontested debiting from the military unit's accounts.

Evaluating the disputed legal relations, the court relied on Articles 116 and 117 of the Labor Code of Ukraine.

The court stated that according to Article 116, all due payments must be made on the dismissal day or, if the employee did not work that day, no later than the next day after the employee's request for settlement.

Part one of Article 117 establishes that if the employer fails to pay due amounts on time due to its fault, it must pay average earnings for the entire delay period up to the actual settlement day, but not exceeding six months. If there was a dispute over the amount, compensation is due if resolved in favor of the employee.

The court found that on the day of the plaintiff's removal from personnel lists, the full settlement was not made. Due payments were made only after prolonged court proceedings, enforcement proceedings, judicial control, and compulsory enforcement through the State Treasury Service.

Under these circumstances, the court concluded the defendant violated Articles 116 and 117, granting the plaintiff the right to average earnings for the delay period.

However, the court noted that the current version of Article 117 limits the period for which average earnings can be recovered to six months.

When determining compensation, the court considered the military unit's certificate of the plaintiff's monetary allowance for February and March 2024, showing a daily average of 717.76 UAH.

Since the six-month delay period is 183 calendar days, the court calculated the average earnings to be accrued and paid as 131,350.08 UAH.

Regarding moral damages, the court referred to Article 23 of the Civil Code of Ukraine and explanations in the Supreme Court Plenum Resolution No. 4 of March 31, 1995, "On judicial practice in cases of moral (non-property) damage compensation."

The court stated that to satisfy such a claim, it is necessary to establish the fact of moral damage, unlawful behavior of the defendant, causal link between behavior and damage, and evidence supporting the claimed amount.

The court found the plaintiff did not prove with admissible evidence that the prolonged enforcement of the appellate court's ruling caused moral damage.

The court also noted that martial law is in effect in Ukraine due to Russian armed aggression, and the plaintiff did not prove that his mental suffering was not caused by combat actions, severe injury, or other war-related circumstances but solely by the defendant's actions.

Therefore, the court concluded there were no grounds for moral damages compensation.

Court decision

The Zaporizhzhia District Administrative Court partially satisfied the claim. The court recognized the military unit's inaction regarding non-accrual and non-payment of average earnings for the delay period as unlawful.

The court also ordered the military unit to pay the plaintiff average earnings for the delay period amounting to 131,350.08 UAH for six months.

The court denied the claim for 50,000 UAH moral damages as unproven and rejected other parts of the claim.

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