论军事人员与其他平等人对金钱担保的追索权的法院申请条件问题

Oksana Hirnyk
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引用次数: 0

摘要

这条专门讨论法院适用程序法规范的问题,这些规范决定了军事人员和其他平等的人的法庭申请期限。由于这类纠纷是在行政诉讼程序中考虑的,笔者分析了乌克兰行政诉讼法典第122条的内容,该条规定了原告在接受公民担任公共服务、完成公共服务、解雇公共服务等案件中向法院提出申请的一个月期限。因此,兵役是一种特殊类型的公共服务。程序法的有关规定对比了雇员向法院申请解决劳资纠纷的时间框架,包括乌克兰《劳动法》规定的关于向雇主收取工资的纠纷。考虑到科学分析和最高法院的结论,对军事人员的财政支助作为劳动立法规定范围内的工作奖励的理解得到了证实。由于劳工立法对关于恢复工作报酬的纠纷向法院提出申请的期限有特别的要求,因此这些规范是适用的。重点是关于向法院申请解决劳动争议的条件的立法变化,这些变化是由乌克兰法律“关于修改乌克兰优化劳动关系的某些法律”实施的。»在相关规范法案生效之前生效的法律规范,并没有限制雇员提出工资索赔的权利,即雇员根据雇佣合同条款有权获得的所有款项,并根据国家保证,进行比较,并有效的法律限制相应的三个月。研究了在有关限制生效前被解职的军事人员和其他与军事人员相等的人向法院提出要求恢复金钱支助的申请时,适用这种改变的问题。根据对判例法的分析,得出的结论是,必须及时考虑到法律规范运作的一般原则,以及向法院提出上诉的三个月的倒计时应该从什么时候开始。考虑到程序法规范的具体情况,发件人得出结论,将诉讼时效期限延长到在这些变化生效之前被释放兵役,但在这些规范生效时已向法院提出申请的当事人。但是,有关条款开始倒计时的权宜之计不是从承认解除兵役的命令之时起,而是从军事单位或其他军事编制告知其在服兵役期间应计和实际支付的数额之时起。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
ON THE ISSUES OF THE COURT APPLICATION TERMS BY THE MILITARY PERSONNEL AND OTHER EQUAL PERSONS WITH THE CLAIMS ON THE MONEY SECURITY COLLECTION
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.
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