Here is the translation of the provided text:
1. The subject of the dispute is the appeal by a former serviceman against the inaction of the military unit regarding the failure to accrue and pay him in full monetary allowance for the period from January 29, 2020, to April 24, 2024, as well as the claims for obligation to recalculate and pay these amounts, taking into account compensation for the delay in payments.
2. The court of cassation found that the courts of previous instances mistakenly applied the provisions of Article 233 of the Labor Code of Ukraine (LCU) in the version that limits the term for applying to the court to three months, without taking into account that the disputed period covers the time before and after the amendments to this article. The court emphasized that it is necessary to take into account the previous position of the Supreme Court, according to which the version of Article 233 of the LCU, which did not limit the term for applying to the court, applies to legal relations that arose before July 19, 2022, and the current version with a limitation of the term applies to legal relations after that date. Also, the court pointed out the need to take into account the quarantine period, which extended the terms for applying to the court, and the moment when the plaintiff received reliable information about the amount of payments made to calculate the term for applying to the court. The court deviated from previous conclusions of the Supreme Court regarding the application of Article 233 of the Labor Code of Ukraine in the version in force at the time of applying to the court, regardless of the period of occurrence of the disputed legal relations.
3. The Supreme Court overturned the decisions of the courts of previous instances and sent the case for a new trial to the court of first instance to take into account the above-mentioned circumstances when resolving the issue of compliance with the term for applying to the court.
