of December 24, 1999 No. 13
About practice of application by courts of the legislation on compensation
Studying of court practice on cases on compensation shows that some courts make mistakes in application of the legislation which regulates this question, sometimes on its regulations solve disputes which arise on civil legal relationship, in particular about collection of dividends, payment of shares and parts for property of cooperatives, collective, rent companies, economic societies and so forth.
For the purpose of improvement of hearing of cases of this category and explanation of questions which arose in courts the Plenum of the Supreme Court of Ukraine DECIDES:
1. Draw the attention of courts to need of implementation of measures to proper fulfillment of requirements of the law by hearing of cases on compensation, meaning that judicial protection is important guarantee of constitutional right of the citizen to earn to itself living by work which he freely chooses or to which freely agrees.
2. According to the p. 2 of Art. 124 of the Constitution of Ukraine courts solve any individual employment disputes about compensation according to the procedure, the provided hl. The XV Labor code of Ukraine (further - the Labour Code), at the choice of the worker directly or after preliminary consideration in the commission on employment disputes (further - KTS). Requirements about compensation of several or employee groups including declared in their interests by the bodies authorized on it by the law cannot be integrated in one production due to the lack of community of subject of action necessary for this purpose.
Regulations of its payment, stipulated by the legislation about work, and procedure for the dispute resolution about the last do not extend to military personnel and persons equated to them (ordinary and command structure of law-enforcement bodies and so forth).
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