1. The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to accrue and pay indexation of monetary allowance to the plaintiff, a former serviceman.
2. The court of cassation considered the issue of applying the terms of appeal to the court in cases concerning the accrual and payment of indexation of monetary allowance to discharged servicemen; the appellate court dismissed the claim, considering that the plaintiff missed the three-month term for appealing to the court, provided for by Article 233 of the Labor Code of Ukraine as amended at the time of appealing to the court; the Supreme Court, considering the cassation appeal, took into account that at the time of the occurrence of the disputed legal relations (the period for which the payment of indexation is claimed), the version of Article 233 of the Labor Code of Ukraine was in effect, which did not limit the term of appeal to the court in cases of recovery of wages; the court also took into account the position of the Constitutional Court of Ukraine regarding the non-retroactivity of laws in time, except in cases where they mitigate or abolish a person’s liability; The Court noted that the appellate court had wrongly concluded that there were grounds for dismissing the claim. The Court indicated that it deviates from the conclusion regarding the application of Article 233 of the Labor Code of Ukraine regarding the terms of appeal to the court with claims for the recovery of wages, which was stated in the decision of the Supreme Court of August 28, 2024 in case No. 580/9690/23.
3. The Supreme Court overturned the appellate court’s ruling and remanded the case for a new trial to the court of appeal.
