1. The subject of the dispute is the appeal against the inaction of the military unit regarding the non-payment of indexation of monetary allowance to the plaintiff for the period from 01.01.2016 to 28.02.2018.
2. In this case, the Supreme Court overturned the decisions of the courts of previous instances, which dismissed the claim without consideration due to the missed deadline for appealing to the court. The courts of previous instances considered that the plaintiff had missed the three-month term established by Article 233 of the Labor Code of Ukraine (hereinafter – LC) in the version valid from 19.07.2022. The Supreme Court, however, indicated that since the disputed legal relations arose before 19.07.2022, the version of Article 233 of the LC, which was in force before this date and did not limit the term for appealing to the court in cases of recovery of wages, should be applied. The court also noted that the courts of previous instances mistakenly linked the application of the new version of Article 233 of the LC with the date of the plaintiff’s exclusion from the lists of personnel, since the plaintiff continues military service. The Supreme Court departed from previous conclusions regarding the application of Article 233 of the Labor Code of Ukraine in the version that came into force on 19.07.2022, to legal relations regarding the recalculation of indexation of monetary allowance of a serviceman for 2016-2018.
3. The Supreme Court overturned the decisions of the courts of previous instances and sent the case for continued consideration to the court of first instance.
