1. The subject of the dispute is the inaction of the military unit regarding the failure to pay compensation for the delay in payment of indexation of the monetary allowance to the plaintiff.
2. The court of cassation overturned the decisions of the courts of previous instances, which returned the statement of claim to the plaintiff due to missing the deadline for applying to the court, erroneously applying the new version of Article 233 of the Code of Labor Laws of Ukraine (CLCL), which limits the deadline for applying to the court to three months. The court noted that since the legal relations arose before the new version of Article 233 of the CLCL came into force, the previous version should be applied, which did not limit the deadline for applying to the court in cases of remuneration of labor. The court also emphasized that compensation for the delay in payment of indexation is a component of wages, and the day of actual payment of indexation does not affect the period for which compensation is accrued. The Court departed from previous conclusions of the Supreme Court, set forth in resolutions of January 29, 2025 in case No. 500/6880/23, of August 28, 2024 in case No. 580/9690/23, of January 23, 2025 in case No. 400/4829/24, of November 20, 2023 in case No. 160/5468/23, and of September 12, 2024 in case No. 200/5637/23.
3. The Supreme Court reversed the decisions of the courts of previous instances and sent the case to the court of first instance for continued consideration.
