Returning to civilian life after military service is an important phase, often accompanied by both psychological and financial challenges. One of the key topics that concerns discharged servicemen is the issue of payments guaranteed by the state. Often, those who have been laid off face a lack of understanding of what benefits are guaranteed to them, how to get them, and what to do if their rights are violated. That is why it is important to know the legal nuances and recommendations from specialists in order to ensure your rights and guarantees.
Lawyers of the “Repeshko and Partners” Bar Association commented on what payments are provided for by the legislation of Ukraine for military personnel who have completed their service, and also explained what should be the monetary compensation for lost property and in case of dismissal due to disability.
Let’s start with the main thing – the salary of military personnel, because it is these amounts that depend on some amounts of compensation payments when a military personnel is released from service. The main monthly additional payments depend on the terms of service and may be:
- UAH 30,000 – for the performance of combat tasks within the framework of the defense of Ukraine;
- UAH 50,000 – for military personnel in headquarters, management and command bodies;
- UAH 100,000 – for those who are in the zone of active hostilities or undergoing rehabilitation after injuries;
- UAH 70,000 – for those who are on the front line.
The minimum salary of a conscript is now 33,000 UAH, which includes a salary of 20,000 UAH and an additional payment for the rank of 13,000 UAH, and this amount is exempt from military duty. After long-term treatment, members of the military have 2 months to return to their position or find a new one, or their benefits may be reduced to base pay and seniority.
Cash payments upon dismissal from service
Upon discharge from military service, a serviceman has the right to receive the following payments:
- financial support;
- monetary compensation for the cost of unclaimed material property (in practice, mobilized persons are not paid);
- one-time cash assistance to the mobilized;
- monetary compensation for unused annual and additional vacations;
- one-time cash assistance;
- cash assistance for recovery;
- material assistance for solving social and household issues.
It is important to note that the composition of the monetary support of the military is as follows:
- monthly main types of financial support (official salary, salary according to military rank, bonus for years of service);
- monthly additional types of financial support (increase in official salary, allowances, additional payments, remuneration for military personnel who hold positions related to the direct performance of tasks to ensure cyber security and cyber protection, bonus);
- one-time additional types of financial support (rewards (except for the remuneration of military personnel who hold positions related to the direct performance of tasks to ensure cyber security and cyber protection), as well as additional remuneration for the period of martial law (combat), various types of assistance).
Military servicemen, except for those undergoing conscript military service and military service upon the draft of officers, are paid a one-time cash allowance in the following amounts:
- 50 percent of the monthly allowance for each full calendar year of service:
- who are released from military service due to their health;
- who are released from military service at their own will during martial law (for military servicemen from the number of foreigners and stateless persons undergoing military service under a contract in the Armed Forces of Ukraine);
- who entered into a contract for the term before the end of the special period or before the announcement of the demobilization decision, served at least 24 months of military service under the contract and did not express a desire to continue military service during the special period;
- who are performing military service under a contract, the validity of which has been extended beyond the established terms for the period until the end of the special period or before the announcement of demobilization, and who have served at least 18 months from the date of extension of the contract, and have not expressed a desire to continue military service during the special period;
- who are released from military service in connection with the end of a special period or the announcement of demobilization and reluctance to continue military service under a new contract by servicemen who served in military service under a contract concluded under the conditions provided for by paragraph two of part three of Article 23 of the Law of Ukraine “On Military Obligation “communication and military service”;
- 50 percent of the monthly allowance for each full calendar year of service in the presence of service of 10 calendar years or more — who are released from military service:
- in connection with the expiration of the contract;
- by age;
- in connection with the reduction of staff or organizational measures;
- in connection with the systematic non-fulfillment of the terms of the contract by the command (at the request of the serviceman);
- in connection with the discovery of one of the grounds specified in clauses 1 and 9 of the second part of Article 31 of the Law of Ukraine “On Intelligence”;
- on the grounds specified in Clause 1 of Part Two of Article 36 of the Law of Ukraine “On Intelligence”;
- in connection with the impossibility of appointment to another position in the case of direct subordination to a close person;
- in connection with the revocation of the mandate for the right to carry out military chaplaincy activities;
- due to family circumstances or other good reasons (if servicemen did not express a desire to continue military service);
- by agreement of the parties — in the event that a serviceman acquires the right to a pension for years of service.
We would also like to inform you that a one-time cash allowance in the amount of 50 percent of the monthly allowance is paid to conscripted military servicemen in the event of dismissal from military service for the following reasons:
- in connection with the end of the established terms of military service;
- according to the state of health;
- in connection with the onset of a special period and reluctance to continue military service by a female serviceman who has a child (children) under the age of 18.
A one-time allowance of 4% of the monthly allowance for each full calendar month of service, but not less than 25% of the monthly allowance, is provided for mobilized military personnel who are released after completing their service. This rule applies to soldiers called up during mobilization. The benefit is paid based on the calculation of the monthly financial support, without taking into account additional rewards. Only full months of service are counted in this allowance calculation.
The basis for the payment is the order of the commander of the unit on exclusion from the lists of the personnel of the military unit, in which the number of years of service from the calculation of which the allowance is paid must be indicated.
We are often asked the question: if a serviceman has not used annual basic leave during his military service, is he entitled to compensation for it upon discharge?
We answer: in the year of discharge of servicemen from service, if they do not use annual basic or additional leave, they are paid monetary compensation for all unused days of annual basic leave, as well as days of additional leave, regardless of the grounds for dismissal.
Compensation for unused leave is calculated as follows: based on official salary, based on salary according to military rank, taking into account seniority allowance, taking into account monthly additional types of financial support, taking into account changes in years of service and standards of financial support, which the serviceman received at the last full-time position . In order to receive this compensation for unused days of additional leave, you should apply with the appropriate report, in which you must specify the legal norm that provides for such compensation. At the same time, in the event of a refusal to pay compensation for unused days of additional leave, the dismissed person has the right to file an administrative lawsuit in court.
It is important to know that the terms of payment depend on the type of assistance and are usually carried out within 15-30 days after the removal of a serviceman from the personnel lists of a military unit.
Monetary compensation for the cost of unclaimed tangible property
The material provision of servicemen is carried out according to the norms and within the time limits determined by order of the Ministry of Defense of Ukraine dated April 29, 2016. No. 232. Monetary compensation is paid at the place of military service on the basis of the serviceman’s report and the order of the commander of the military unit, and to the commanders of the military unit – the order of the senior commander, which specifies the amount of monetary compensation.
A certificate of the value of property to be issued is issued by the property service of the military unit based on the purchase price of such property as of January 1 of the current year.
The mobilized are released to the reserve in the form of clothing that was in their personal use, while items of property that were not issued (regardless of the reason) are not issued during the release. If they wish, they can go into reserve in their own civilian clothes.
Cash payments upon dismissal due to disability
If a serviceman’s disability arose due to injuries (contusions, injuries or mutilations) or as a result of an illness that a person received during the performance of military service duties, or when a person’s disability was established after his discharge from military service due to the specified reasons, the legislation provides for the appointment and payment to such a person, except for conscripts, a one-time monetary allowance.
When calculating the amount of such payment, the group of disability and the subsistence minimum for able-bodied persons, determined on January 1 of the calendar year in which the person was first diagnosed with disability, are taken into account. So, as of January 1, 2024, the subsistence minimum for able-bodied persons is 3,028 hryvnias.
Therefore, the specified assistance will be paid in the following amounts:
- I group of disability – 400 times the subsistence minimum – 1,211,200 hryvnias
- II group of disability – 300 times the subsistence minimum – 908,400 hryvnias
- III group of disability – 250 times the subsistence minimum – 757,000 hryvnias
The date of emergence of the right to receive one-time cash assistance is the date indicated in the certificate of the medical and social expert commission, and in the case of a re-examination and change of disability group – the date indicated in the certificate of the MSEK on the initial establishment of disability.
It should be noted that the payment of one-time cash assistance is carried out in order of priority according to the date of submission of documents. The assignment and payment of benefits are not carried out at all, if the injury (contusion, trauma or mutilation), the disease that led to the disability of the serviceman, is the result of:
- his commission of a crime or an administrative offense
- perpetration of actions by a person in a state of alcoholic, narcotic, or toxic intoxication
- intentional infliction of bodily harm or other harm to one’s health or suicide (except in the case of driving a person to commit suicide as determined by the court)
- submission of knowingly false information by a person for the appointment and payment of one-time cash assistance
Cash assistance for recovery is provided to servicemen discharged from military service who were entitled to cash assistance for recovery and did not receive it within a year, the payment of this assistance is carried out on the basis of the order of the commander of the military unit on the exclusion of the serviceman from the personnel lists of the military unit, in which it is announced about its payment.
The amount of financial aid for rehabilitation is determined based on the official salary, salary according to military rank, seniority allowance and monthly additional types of financial support (except for rewards) according to the position held, to which the serviceman is entitled on the day of signing the order on the provision of this assistance.
We would like to emphasize that financial aid for solving social and household issues is not a mandatory payment upon dismissal. But servicemen should be aware of their right to receive such assistance once a year. That is, before the release, the serviceman can apply with the appropriate report on the payment of benefits.
Payment of material aid is carried out according to the serviceman’s report on the basis of the commander’s order, and to the commander – the order of the superior commander according to subordination with the indication of the amount of the aid. By Resolution of the Cabinet of Ministers of Ukraine dated August 30, 2017 No. 704 provides for the right of the heads of state bodies to provide once a year to military personnel (except conscripts), private and senior officers financial assistance for solving social and household issues in an amount not exceeding their monthly financial support, and assistance for recovery in in the amount of a monthly allowance.
That is, the amount of material aid for solving social and household issues, the order of its payment are established by the decision of the Minister of Defense of Ukraine, based on the available fund of financial support provided for in the estimate of the Ministry of Defense of Ukraine. The monthly financial support, from which the amount of material assistance for solving social and household issues is determined, includes official salary, salary according to military rank, allowance for years of service and monthly additional types of financial support (except rewards) according to the position held, to which a serviceman is entitled on the day of signing the order on the provision of this assistance. At the same time, material assistance for solving social and household issues to servicemen whose dismissal orders were signed last year, but not excluded from the lists of the military unit, is not provided in the current year.
