The subject of the dispute in this case is the appeal against the actions of the Military Medical Clinical Center regarding the calculation and payment of indexation of monetary allowance, financial assistance for health improvement, and monetary compensation for unused days of additional leave to the plaintiff as a serviceman.
The court of cassation instance found that the courts of previous instances mistakenly applied the norms of procedural law, without taking into account the peculiarities of calculating the terms of applying to the court in cases related to the payment of monetary allowance to servicemen. In particular, the courts did not take into account that the disputed period covers the time before and after July 19, 2022, when amendments to Article 233 of the Labor Code of Ukraine (LCU) came into force, which limit the term of applying to the court to three months. The court also noted that the courts did not take into account that during the quarantine established by the Cabinet of Ministers of Ukraine to prevent the spread of coronavirus disease (COVID-19), the terms defined by Article 233 of the Labor Code of Ukraine are extended for the duration of such quarantine. The court of cassation instance referred to the resolution of the Chamber of the Supreme Court on cases concerning the electoral process and referendum, as well as the protection of political rights of citizens of the Administrative Court of Cassation of March 21, 2025, in case No. 460/21394/23, which deviated from previous conclusions of the Supreme Court regarding the application of Article 233 of the Labor Code of Ukraine in similar cases.
The Supreme Court overturned the decisions of the courts of previous instances and sent the case to the court of first instance for continued consideration, pointing out the need to take into account these circumstances when resolving the issue of compliance with the terms of applying to the court.
