The subject of this dispute is the legality of a military unit’s refusal to pay a serviceman compensation for the delay in the payment of indexation of monetary support, as well as the issue of compliance with the time limits for filing such claims with the court.<\/p>\n
The Supreme Court, in this case, effectively reaffirmed its position regarding the application of labor legislation to the disputed legal relations, distancing itself from the approach applied by the court of appeal. The Court emphasized that the amounts of indexation and compensation for the delay in its payment are components of salary, and therefore, the guarantees of labor legislation apply to them. The Supreme Court indicated that Article 233 of the Labor Code of Ukraine, which does not limit the time for applying to a court with claims for the recovery of due salary, should be applied to such disputes, rather than Article 122 of the Code of Administrative Judiciary of Ukraine with its six-month limitation. The court of appeal erroneously applied practice relating to other types of social payments, failing to take into account the specifics of labor remuneration. Thus, the court of cassation recognized that the right to receive compensation for the delay in the payment of salary is protected and cannot be nullified by the formal application of time limits provided for other public-legal disputes.<\/p>\n
The Supreme Court set aside the ruling of the court of appeal and remanded the case to the same court of appeal for further consideration on the merits.<\/p>\n