Subject of the Dispute: Calculation and Payment of Indexation of Monetary Allowance to a Military Serviceman for the Period from January 2016 to March 2018.
Main Arguments of the Court: The Supreme Court established that at the time of the emergence of disputed legal relations, Article 233 of the Labor Code of Ukraine allowed an employee to apply to court for recovery of wages without time limitation. The court deviated from the previous position of courts, which believed that the time limits in the version of the law in force at the time of filing a lawsuit should be applied. The judges emphasized the principle of non-retroactivity of laws and the need to apply legal norms that were in effect during the emergence of legal relations.
Court Decision: The Supreme Court satisfied the cassation appeal, canceled the resolution of the appellate court, and sent the case for a new review.
