1. The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to take into account the indexation of monetary allowance when calculating financial assistance for health improvement, one-time financial assistance upon dismissal, and monetary compensation for unused vacation days.
2. The court of cassation instance overturned the decision of the appellate court, which left the claim unconsidered, considering that the plaintiff had missed the one-month term for applying to the court established for cases regarding public service. The Supreme Court emphasized that in cases related to non-compliance with labor payment legislation, Article 233 of the Labor Code of Ukraine (LCU) in the version valid until 19.07.2022 should be applied, which does not limit the term for applying to the court. The court took into account that the plaintiff was dismissed from military service before the amendments to Article 233 of the LCU, therefore, he has the right to apply to the court without a time limit. The Court deviated from previous conclusions regarding the application of the new version of Article 233 of the LCU to legal relations regarding the recalculation of the indexation of monetary allowance, emphasizing that changes in legislation that limit the term for applying to the court do not apply to events that occurred before 19.07.2022.
3. The Supreme Court overturned the постанову (resolution/ruling) of the appellate court and sent the case for a new consideration to the appellate instance.
