1. The subject of the dispute is the appeal against the inaction of the military unit regarding the accrual and payment of indexation of monetary allowance to the plaintiff for certain periods, as well as the recalculation of monetary allowance taking into account the subsistence minimum.
2. The court of cassation instance established that the courts of previous instances mistakenly applied the provisions of Article 233 of the Labor Code of Ukraine (LC), which regulates the terms of applying to the court in labor disputes, without taking into account the duration of the legal relations that arose before and after the amendments to this article. The court noted that it is necessary to distinguish between the application of the wording of Article 233 of the LC, which was in effect before and after July 19, 2022, when amendments were made regarding the terms of applying to the court. The court also pointed out the need to establish the fact of the plaintiff receiving a written notice of the amounts accrued and paid to him upon dismissal, which is important for determining the start of the term for applying to the court. In addition, the court drew attention to the fact that the courts of previous instances did not establish the proper defendant in the case, since different military units were indicated in the statement of claim and the appeal.
3. The Supreme Court overturned the decisions of the previous courts and sent the case to the court of first instance for further consideration.
