Military serviceman won payments for treatment in the military unit and not a hryvnia more: case circumstances

The Dnipropetrovsk District Administrative Court partially satisfied the claim of a serviceman who challenged the termination of payments during prolonged treatment, the procedure for calculating monetary allowance, and a number of other payments. The court recognized certain actions of the military units as unlawful and obliged to recalculate and pay funds in the specified part of the claims.

Case circumstances

The serviceman filed a lawsuit requesting:

• to recognize the inactivity of the military unit regarding non-accrual and non-payment of monetary allowance and additional monetary reward provided by the Cabinet of Ministers of Ukraine Resolution No. 168 dated February 28, 2022, in the amount increased up to 100,000 hryvnias, proportionally to the time spent on inpatient treatment in healthcare institutions due to the injury sustained related to the defense of the Fatherland, including the time spent on leave for treatment after a severe injury, for the period from May 5, 2025, to November 27, 2025, and to oblige to accrue and pay the specified amounts;
• to recognize the inactivity regarding the non-inclusion of additional reward sums under Resolution No. 168 into the monetary allowance when calculating monetary compensation for unused annual leave days for 2023, 2024, 2025, and to oblige to recalculate and pay such compensation taking into account the additional reward;
• to recognize the inactivity regarding non-accrual and non-payment of monetary compensation for unused additional leave days provided by Article 16-2 of the Law of Ukraine "On Leaves" and paragraph 12 of part one of Article 12 of the Law of Ukraine "On the Status of War Veterans, Guarantees of Their Social Protection" for 2024, 2025, based on the amount of monetary allowance as of the dismissal date November 27, 2025, and to oblige to accrue and pay it;
• to recognize the actions regarding the application from February 16, 2023, to May 19, 2023, of the subsistence minimum for able-bodied persons established by law as of January 1, 2018, when calculating the official salary, rank salary, and other derivative types of monetary allowance as unlawful, and to oblige to recalculate using the subsistence minimum established as of January 1, 2023.

The plaintiff argued that there are no legal grounds to limit the period of additional reward payments to twelve months, this reward should be considered when calculating compensation for unused leave days, compensation for additional leave as a combatant was not paid, and monetary allowance during service was calculated incorrectly.

The military unit objected, referring to paragraph 6.13 of chapter 6 of section II of the Regulation on Military Medical Examination in the Armed Forces of Ukraine, according to which the total continuous time spent in healthcare institutions and treatment leave cannot exceed twelve consecutive months. The additional reward was paid for 12 months. Compensation for additional leave as a combatant was recalculated by order dated March 25, 2026. Regarding the calculation of compensation for annual leave, one-time additional types of monetary allowance were not included.

From February 16, 2023, to May 19, 2023, the plaintiff served in another military unit that applied the subsistence minimum as of January 1, 2018.

What the court decided

The Dnipropetrovsk District Administrative Court considered case No. 160/5001/26 and decided to partially satisfy the administrative claim.

The court recognized as unlawful and canceled paragraph 8 of the military unit’s order dated June 1, 2025, No. 154, which suspended the payment of monetary allowance from May 5, 2025. It obliged the military unit to calculate and pay monetary allowance (including the additional reward provided by the Cabinet of Ministers of Ukraine Resolution No. 168 dated February 28, 2022) from May 5, 2025.

The court recognized as unlawful the actions of the military unit regarding the calculation and payment of monetary allowance from February 16, 2023, to May 19, 2023, based on the subsistence minimum for able-bodied persons established by law as of January 1, 2018. It obliged the respective military unit to recalculate and pay monetary allowance for this period using the subsistence minimum for able-bodied persons established as of January 1 of the calendar year by the Law of Ukraine "On the State Budget for 2023" as of January 1, 2023, taking into account previously paid amounts.

The court denied the satisfaction of the other part of the claims.

The court noted that the 12-month limit concerns the duration of continuous treatment but does not establish an automatic basis for terminating payments of monetary allowance and additional reward. Regarding compensation for unused leave days, the court stated that the additional reward under Resolution No. 168 is a one-time additional type of monetary allowance and is not subject to inclusion in the compensation calculation; compensation for additional leave as a combatant was paid during the case consideration.

Regarding the calculation of monetary allowance for the period from February 16, 2023, to May 19, 2023, the court referred to the ruling of the Sixth Administrative Court of Appeal dated January 29, 2020, in case No. 826/6453/18, which canceled changes fixing calculation based on the subsistence minimum as of January 1, 2018. The court applied the legal conclusions of the Grand Chamber of the Supreme Court in the ruling dated June 24, 2020, in case No. 160/8324/19 and the Administrative Cassation Court in the Supreme Court (rulings dated August 2, 2022, in case No. 440/6017/21, February 6, 2023, in case No. 160/2775/22, February 15, 2023, in case No. 120/6288/21-a, March 22, 2023, in case No. 340/10333/21, May 9, 2023, in case No. 380/5158/22, November 15, 2023, in case No. 120/965/22-a), according to which from January 29, 2020, the amounts of official salaries and rank salaries are determined by multiplying the subsistence minimum for able-bodied persons established by law as of January 1 of the calendar year by the corresponding tariff coefficient.

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