The subject of this dispute is the lawfulness of the return of a statement of claim filed by a serviceman due to his alleged failure to observe the three-month time limit for applying to the court with claims regarding the recalculation of monetary support.<\/p>\n
The Supreme Court in this case confirmed the position of the Judicial Chamber, which departed from previous conclusions regarding the application of time limits for applying to the court. The Court emphasized that the amendments to Article 233 of the Labor Code of Ukraine, which limited the time limit for applying to the court to three months, do not apply to legal relations that arose before July 19, 2022. Regarding the period after this date, the court clarified that the commencement of the time limit cannot be associated solely with the moment of the serviceman’s removal from the unit’s rosters and the receipt of a monetary certificate. A monetary certificate is a document on the final settlement upon discharge, but it does not contain detailed information on the accrual of monetary support for past periods. Consequently, the serviceman could not have become aware of the violation of his rights solely on the basis of this document. The Court stressed that the time limit for filing an application must be calculated from the moment the person received reliable and documented information about the amount and nature of the sums paid to them. Since the lower courts applied a formalistic approach and failed to establish the actual moment of the plaintiff\u2019s awareness of the violation, their decisions were recognized as erroneous.<\/p>\n
The Supreme Court set aside the ruling of the court of first instance and the judgment of the appellate court, remanding the case to the court of first instance for further consideration on the merits.<\/p>\n