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    Case No. 200/5637/23 dated 08/27/2026

    1. The subject of the dispute is the lawfulness of the accrual and payment of judicial remuneration, as well as the issue of the plaintiff’s compliance with the time limit for filing the relevant claims with the court.

    2. The court of cassation instance set aside the decisions of the lower courts, which had left the claim without consideration due to the expiration of the three-month time limit for filing a claim with the court. In this case, the Supreme Court took into account the new decision of the Constitutional Court of Ukraine No. 1-r/2025 dated December 11, 2025, which declared unconstitutional the establishment of a three-month time limit for an employee to apply to the court with claims for the recovery of wages and other payments. The Court emphasized that obligations regarding the payment of remuneration for labor are ongoing, and limiting the right to judicial protection by such a time limit narrows the constitutional guarantees of employees. Since the provision on which the decisions of the trial and appellate courts were based has lost its force, the Supreme Court deemed their conclusions erroneous. Therefore, the cassation court concluded that there are no obstacles to considering the case on its merits.

    3. The Supreme Court granted the cassation appeal, set aside the ruling of the trial court and the decision of the appellate court, and remanded the case to the trial court for continuation of the proceedings on the merits.

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