The Supreme Court disagreed with the TRC: monthly assistance to veterans is not a salary

For the Ukrainian legal system, protecting the rights of servicemen discharged due to health reasons is not only a matter of legality but also an element of national security and a social contract. However, in practice, veterans often face procedural obstacles, including refusals to consider claims due to alleged missed deadlines for court appeals.

The Supreme Court sided with the discharged serviceman in a dispute over due payments. In the decision in case No. 260/3723/24, the Supreme Court, composed of judges of the Cassation Administrative Court panel, determined that not all payments to servicemen can be equated with monetary allowance, and outlined the approach to applying deadlines for court appeals. This position may serve as a guideline for thousands of veterans contesting refusals of payments after discharge due to health reasons.

The essence of the conflict

The plaintiff was discharged from military service due to health reasons in October 2023 without pension rights. According to the law, he was entitled to receive monthly cash assistance for one year after discharge. However, the military leadership of the territorial center for recruitment and social support did not make the corresponding payments.

In June 2024, the veteran filed a lawsuit demanding recognition of the TRC's inaction as unlawful, obliging payment of arrears from October 2023 to May 2024, calculation of assistance for future periods, and compensation for moral damages.

The Zakarpattia District and the Eighth Administrative Court of Appeal left the claim without consideration. The courts equated the monthly assistance to salary. Therefore, in their opinion, the three-month deadline for court appeals established by Article 233 of the Labor Code of Ukraine, calculated from the moment the employee received notification of the amounts accrued and paid upon dismissal, should apply.

The courts indicated that the deadline started from the date of dismissal, namely from 05.10.2023, and since the claim was filed in June 2024, the veteran was late in appealing to the court.

Social nature of the payment

The Supreme Court disagreed with the conclusions of the previous instances and pointed out the incorrect application of legal norms. The SC noted that the disputed payment does not have the nature of monetary allowance or salary, but is a state social guarantee for servicemen who lost their health during service.

The SC drew attention to the fact that such assistance is regulated by special legislation — Law of Ukraine No. 2262-XII and Cabinet of Ministers Resolution No. 393. Therefore, the provisions of the Labor Code regarding the three-month deadline for court appeals cannot be applied to these legal relations. Instead, the general six-month deadline established by the Code of Administrative Procedure applies.

The SC separately emphasized that the payment is periodic since the state is obliged to make it monthly for one year after the serviceman's discharge. Therefore, the deadline for court appeals cannot be calculated once from the date of discharge for the entire period of such payments.

The Supreme Court also took into account that the plaintiff learned about the final refusal to pay only after receiving a letter from the TRC in May 2024, which is significant for determining the moment when the person actually became aware of the violation of their rights.

The Supreme Court canceled the decisions of the lower courts and sent the case for a new trial to the court of first instance.

In its decision, the Court distinguished between monetary allowance for servicemen and social payments related to discharge due to health reasons. The SC concluded that monthly assistance to such persons is not salary or wages but belongs to state social guarantees.

The Court also stressed that disputes regarding such payments are subject to the six-month deadline for administrative court appeals established by the Code of Administrative Procedure of Ukraine, not the three-month deadline provided by labor legislation.

The decision may be important for other disputes related to social guarantees for servicemen discharged due to health reasons and the procedure for protecting their rights in court.

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