ЩОДО ПИТАННЯ СТРОКІВ ЗВЕРНЕННЯ ДО СУДУ ВІЙСЬКОВОСЛУЖБОВЦЯМИ ТА ПРИРІВНЯНИМИ ДО НИХ ОСОБАМИ ІЗ ВИМОГАМИ ПРО СТЯГНЕННЯ ГРОШОВОГО ЗАБЕЗПЕЧЕННЯ

Abstract

The article is devoted to the issues of the courts' application of the norms of procedural law, which determine the term of court application by the military personnel and other equal persons. Since this category of disputes is considered in the order of administrative proceedings, the author analyzes the content of Article 122 of the Code of Administrative Proceedings of Ukraine, which defines a one-month period for the plaintiffs to apply to the court in cases related to the acceptance of citizens for public service, its completion, dismissal from public service. It is concluded that military service is a special type of public service. The relevant provision of the procedural law contrasts the time frames for employees to apply to court for the resolution of labor disputes, including disputes about the collection of wages from the employer, which are fixed by the Labor Code of Ukraine. Taking into account the scientific analysis, as well as the conclusions of the Supreme Court, the understanding of the financial support of military personnel as a reward for work in the context of the provisions of the labor legislation is substantiated. Since the labor legislation contains special requirements regarding the term of application to the court in disputes about the recovery of remuneration for work, these norms are subject to application. Emphasis is placed on legislative changes regarding the terms of applying to court for the resolution of labor disputes, which were put into effect by the Law of Ukraine «On Amendments to Certain Laws of Ukraine on Optimizing Labor Relations.» The legal norms that were in effect before the entry into force of the relevant normative act and did not limit the employee's right to file a claim for the collection of wages due to him, i.e. all payments to which the employee is entitled under the terms of the employment contract and in accordance with state guarantees, are compared, and valid legal limitations of the corresponding period of three months. The problems of application of such changes in the case of an application to the court with a claim for recovery of monetary support by military personnel and other persons equal to them, dismissed from the ranks of the military service before the entry into force of the relevant restrictions, are studied. On the basis of the analysis of case law, conclusions are drawn regarding the need to take into account the general principles of the operation of legal norms in time, as well as the moment from which the countdown of the three-month period of appeal to the court should begin. Taking into account the specifics of the procedural law norms, the author comes to the conclusion of the extension of limitation periods to subjects who were released from military service before the changes came into effect, but applied to the court already when such norms came into force. However, the expediency of starting the countdown of the relevant terms is substantiated not from the moment of recognition of the order on the release of persons from military service, but from the moment when the military unit or other military formation informed the person about the amounts accrued and actually paid during their military service.