1. The subject of the dispute is the lawfulness of the return by the courts of first and appellate instances of a serviceman’s statement of claim for the recovery of monetary allowance due to his failure to comply with the three-month time limit for filing an appeal to the court.
2. The Court was guided by the principle that the issue of time limits for filing an appeal to the court in cases involving remuneration for labor must be resolved taking into account the Decision of the Constitutional Court of Ukraine No. 1-r/2025 of December 11, 2025. The Supreme Court in this case effectively took into account the new legal position of the Constitutional Court, which declared the three-month time limit restriction on an employee’s right (in particular, a serviceman who continues to serve) to appeal to the court regarding the recovery of due payments to be unconstitutional. The lower courts formally applied Article 233 of the Labor Code of Ukraine, failing to take into account that this restriction was recognized as narrowing constitutional rights to judicial protection. The Supreme Court emphasized that the employer’s obligation to pay remuneration is a continuous one, and therefore the establishment of rigid time limits for filing an appeal during the term of employment is impermissible. Consequently, the lower courts’ conclusions regarding the expiration of the time limit and the return of the statement of claim were found to be premature and based on an incorrect application of legal norms.
3. The Supreme Court set aside the ruling of the court of first instance and the resolution of the appellate court, remitting the case to the court of first instance for continued consideration on the merits.
