Servicewoman won compensation after the military unit delayed debt payment
The Lviv District Administrative Court concluded that the payment of the debt in monetary allowance to the serviceman in execution of a court decision does not exempt the military unit from the obligation to calculate and pay compensation for the loss of part of the income due to violation of payment deadlines. Such compensation must be paid for the entire period of delay, as its purpose is to restore the purchasing power of the income lost due to inflationary processes.
The former servicewoman filed a lawsuit to recognize the inaction of the military unit as unlawful, which after paying the debt in monetary allowance did not calculate compensation for the loss of part of the income for the delay period. The court noted that the Law of Ukraine "On Compensation to Citizens for the Loss of Part of Income Due to Violation of Payment Deadlines" imposes on the employer the obligation to calculate and pay such compensation simultaneously with the repayment of the debt.
Circumstances of the case
The plaintiff served in a military unit. After discharge, she appealed to the court regarding the non-accrual and non-payment of due monetary allowance and other payments for 2020–2022.
Earlier, the Lviv District Administrative Court recognized the inaction of the military unit regarding the non-accrual and non-payment of monetary allowance for 2020–2022, as well as certain due payments, as unlawful, and obliged to carry out their accrual and payment taking into account the correct determination of the official salary and rank salary according to the Cabinet of Ministers Resolution No. 704. In addition, the court obliged to pay health assistance, material assistance for social and domestic issues, compensation for unused leave, and other due payments.
To execute this decision, on March 27, 2026, the military unit paid the plaintiff UAH 84,495.80 of the debt. At the same time, compensation for the loss of part of the income due to long-term violation of payment deadlines was neither calculated nor paid, which became the subject of a new dispute.
Opposing the claim, the defendant stated that it acted in accordance with current legislation and that there were no grounds for satisfying the claims.
Court's position
The court in case 380/8199/26 noted that Law No. 2050-III and the Procedure approved by the Cabinet of Ministers Resolution No. 159 provide for compensation for the loss of part of income in case of delay in payment for more than one calendar month. Such compensation also applies to the monetary allowance of servicemen and aims to restore the purchasing power of income lost due to inflationary processes.
The court emphasized that the decisive factor is the violation of the legally established deadlines for payment of due income. It does not matter whether the respective income was accrued voluntarily by the body or the person's right to receive it was confirmed by a court decision.
Referring to the Supreme Court's practice, the court stated that the right to compensation arises regardless of the method of accrual of the due amounts. A person is not obliged to separately apply to the relevant body for compensation payment, as the law imposes on this body the obligation to independently calculate and pay it in the month when the debt is repaid.
Moreover, the court took into account the legal position of the Supreme Court, according to which the right to compensation is linked precisely to the violation of payment deadlines, not to the fact of enforcement of a court decision. If a court decision confirms a person's right to the respective income, compensation is calculated for the entire period of delay, starting from the moment when this income was supposed to be paid until the day of its actual payment.
Court decision
The Lviv District Administrative Court fully satisfied the claim.
The court recognized the inaction of the military unit regarding the non-accrual and non-payment of compensation for the loss of part of income due to violation of payment deadlines of monetary allowance as unlawful. The court also obliged the 11th Commandant's Office for Security and Service of the military unit to calculate and pay the plaintiff such compensation for the entire delay period—from September 18, 2022, to March 27, 2026, i.e., until the day of actual debt payment.
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