1. The subject of the dispute is the appeal against the inaction of military units regarding the recalculation and payment of monetary allowance and financial assistance for health improvement to the plaintiff.
2. The court of cassation instance established that the courts of previous instances mistakenly applied the norms regarding the terms of appeal to the court, without taking into account the changes in labor legislation that occurred on July 19, 2022. The court noted that it is necessary to distinguish between the periods of accrual of payments before and after this date, applying different versions of Article 233 of the Labor Code of Ukraine. For the period until July 19, 2022, the term for appealing to the court is not limited, and for the period after this date, a three-month term applies. The court also took into account the extension of the terms for appealing to the court for the duration of the quarantine, which was canceled on June 30, 2023. Considering that the courts of previous instances did not take into account these circumstances, their decisions were recognized as premature. The court indicated that it departs from the conclusions stated in the resolutions of the Supreme Court as part of the panels of the Administrative Cassation Court, namely: of January 29, 2025, in case No. 500/6880/23 and of August 28, 2024, in case No. 580/9690/23, of January 23, 2025, in case No. 400/4829/24 and of November 20, 2023, in case No. 160/5468/23, of September 12, 2024, in case No. 200/5637/23.
3. 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.
