The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to recalculate the monetary allowance to the plaintiff.
The court of cassation established that the courts of previous instances mistakenly applied Article 233 of the Labor Code of Ukraine (LCU) as amended after July 19, 2022, which establishes a three-month period for applying to the court in cases of recovery of wages. The Supreme Court emphasized that until July 19, 2022, the LCU did not limit the term for applying to the court in such cases. Since the disputed legal relations arose in the period from 2020 to 2021, when the previous version of Article 233 of the LCU was in force, the plaintiff had the right to apply to the court without any time limit. The court also took into account the legal conclusions set forth in the decision of the Supreme Court in the model case No. 260/3564/22 and the resolution of the Grand Chamber of the Supreme Court of July 11, 2024 in case No. 990/156/23, which confirm that the version of Article 233 of the LCU, which does not limit the term for applying to the court, applies to legal relations that arose before July 19, 2022. **:** The court noted that it departs from the conclusions set forth in the resolutions of the Supreme Court of January 29, 2025 in case No. 500/6880/23 and of August 28, 2024 in case No. 580/9690/23.
The Supreme Court overturned the decisions of the courts of previous instances and sent the case to the court of first instance for continued consideration.
