Here is a detailed analysis of the court decision prepared for you:
1. **Subject matter of the dispute:**
The subject matter of the dispute is the lawfulness of the refusal of the Main Directorate of the National Guard of Ukraine to recalculate the monetary allowance of a military serviceman, taking into account the current subsistence minimum, and the corresponding recalculation of payments due upon discharge.
2. **Main arguments of the court:**
* The court established that following the court-ordered annulment of the amendments to Clause 4 of Resolution No. 704, the subsistence minimum for able-bodied persons established as of January 1 of the respective calendar year, rather than a fixed amount of 1,762 UAH, must be applied for the calculation of official salaries.
* The Supreme Court confirmed that National Guard military personnel are entitled to such a recalculation, as they fall under the scope of Resolution No. 704, and the departmental orders of the Ministry of Internal Affairs merely detail this procedure.
* The court departed from its previous practice regarding the application of time limits for filing lawsuits, noting that the amendments to Article 233 of the Labor Code of Ukraine (which limited the filing period to 3 months) do not have retroactive effect.
* The court clarified that legal relations that arose before July 19, 2022, are governed by the version of Article 233 of the Labor Code which did not limit the period for filing lawsuits regarding the recovery of amounts due upon discharge.
* Consequently, the appellate court erroneously left the claims without consideration due to an alleged missed deadline, as the rule regarding the absence of time limits applied to the disputed legal relations.
* The court concluded that the decision of the court of first instance was lawful and that the appellate court had cancelled it without legal grounds.
3. **Court decision:**
The Supreme Court granted the cassation appeal, overturned the ruling of the appellate court, and upheld the decision of the court of first instance, by which the claims were satisfied.
