1. The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to accrue and pay monetary allowance and additional remuneration to the soldier.
2. The court of cassation instance agreed with the decisions of the courts of previous instances on the return of the statement of claim due to the omission of the term for appealing to the court, established by Article 233 of the Labor Code of Ukraine. The court took into account that the plaintiff learned about the violation of his right to receive monetary allowance in August 2022, when he received a smaller amount than expected. The court also took into account the provisions of paragraph 1 of Chapter XIX “Final Provisions” of the Labor Code of Ukraine, according to which the terms for appealing to the court are extended for the duration of the quarantine established by the Cabinet of Ministers of Ukraine in order to prevent the spread of coronavirus disease (COVID-19). Considering the cancellation of the quarantine on June 30, 2023, the court noted that the three-month term for appealing to the court began on July 1, 2023. The court rejected the plaintiff’s arguments that he is a current serviceman, since his interests were represented by a lawyer, with whom a contract was concluded back in September 2023. The court emphasized the importance of complying with the terms for appealing to the court to ensure legal certainty and prevent abuse. The Court noted that in the ruling of March 21, 2025, the Judicial Chamber departed from the conclusions set forth in the rulings of the Supreme Court as part of the panels of the Administrative Cassation Court, in particular, from January 29, 2025 in case No. 500/6880/23 and from August 28, 2024 in case No. 580/9690/23.
3. The Supreme Court left the cassation appeal without satisfaction, and the decisions of the courts of previous instances – without changes.
