1. The subject of the dispute is the legitimacy of the military unit’s refusal to accrue and pay the plaintiff compensation for the delay in the payment of monthly monetary allowance.
2. The courts of the first and appellate instances dismissed the claim, considering that the plaintiff missed the six-month period for applying to the court established by the CAS of Ukraine, since he learned about the violation of his right back in 2021, when he received the payment of arrears in monetary allowance. The courts considered that receiving a letter from the military unit in 2023 does not change the moment when the plaintiff should have learned about the violation of his rights. However, the Supreme Court did not agree with this approach, indicating that compensation for the delay in the payment of monetary allowance is a component of wages, and therefore the provisions of the Labor Code of Ukraine should be applied to the disputed legal relations. The Supreme Court took into account that the payment of arrears took place in 2021, when the version of the Labor Code of Ukraine, which did not limit the period for applying to the court in cases of wage recovery, was still in effect. **:** The court departed from the previous position regarding the deadlines for applying to the court in similar cases.
3. The Supreme Court overturned the decisions of the previous courts and sent the case to the court of first instance for further consideration.
