1. The subject of the dispute is the lawfulness of the decisions of the lower courts to leave a serviceman’s claim for recalculation and payment of monetary support without consideration due to his failure to comply with the three-month time limit for applying to the court.<\/p>\n
2. The courts of first and appellate instances relied on the fact that, in accordance with the version of Article 233 of the Labor Code of Ukraine effective from July 19, 2022, the time limit for applying to a court in labor disputes (including disputes regarding the payment of wages) is limited to three months from the moment the person learned of the violation of their rights. Since the plaintiff applied to the court after the expiration of this period, the courts deemed the reasons for the delay invalid and left the claim without consideration. However, the Supreme Court in this case took into account that the Constitutional Court of Ukraine, by its decision of December 11, 2025, No. 1-r\/2025, declared part one of Article 233 of the Labor Code of Ukraine unconstitutional in the part establishing a three-month period for an employee to apply to the court for the collection of wages. The Court noted that obligations to pay remuneration for labor are continuing in nature, and the establishment of such time limits restricts the employee’s constitutional rights to timely receipt of remuneration. Since at the time of the cassation review the provision on which the lower courts’ decisions were based had become invalid, the conclusions to leave the claim without consideration became legally untenable. The Court, in this decision, effectively takes into account the change in legal regulation caused by the decision of the Constitutional Court, which fundamentally changes the approach to the time limits for applying to the court in disputes regarding the collection of wages and payments equated to them.<\/p>\n
3. The Supreme Court set aside the ruling of the court of first instance and the judgment of the appellate court, remitting the case to the court of first instance for continuation of the proceedings on the merits.<\/p>\n