Payments to military personnel

Servicemen and women are entitled to state payments during their service, participation in hostilities, combat missions, stay in combat areas, as well as in cases of injury, treatment or delay in the payment of their allowance.

In practice, servicemen often face non-accrual, incomplete accrual or delayed payment of additional remuneration, financial support and other payments provided for by law, including payments provided for by the Resolution of the Cabinet of Ministers of Ukraine No. 168 of 28.02.2022.

The reasons may be the lack of properly executed documents, failure to transfer information between military units, formal refusal of the command, or incorrect application of the payment procedure.

The legal assessment of the right to payments is carried out taking into account the current version of the Resolution of the Cabinet of Ministers of Ukraine, orders of the Ministry of Defense of Ukraine, current laws of Ukraine, as well as the current case law of the Supreme Court.

AXELLEGAL provides legal assistance to military personnel in obtaining, renewing and recovering their entitlements.

What questions can be addressed

Accrual and collection of additional remuneration up to UAH 100,000

We provide legal assistance in cases where a serviceman took direct part in hostilities or measures for the defense of Ukraine, performed combat (special) tasks, was in the areas of hostilities, but additional remuneration was not accrued, was not accrued in full or was paid with a delay.

Recovery of additional remuneration of UAH 30,000 or UAH 50,000

We provide legal assistance if a soldier performed combat, special or official tasks under martial law, but the military unit refuses to pay, does not provide clear explanations or refers to the lack of documents.

Payments in case of injury, treatment or leave for treatment

We analyze the right to additional remuneration in cases of injury, contusion, trauma, medical treatment in Ukraine or abroad, and check the correctness of the calculation of financial support for the relevant period.

Compensation for delay in payment of remuneration

In case of violation of the terms of payment of financial support or other payments due, a serviceman may be entitled to compensation for the loss of part of his income in accordance with the Law of Ukraine No. 2050-III.

We help to assess the grounds for such compensation and prepare the necessary documents.

Appeal against the refusal of a military unit

We prepare reports, lawyer's requests, appeals to the command, the Ministry of Defense of Ukraine or other authorities in case of unjustified refusal to pay or inaction of a military unit.

Judicial recovery of unpaid amounts

If necessary, we prepare an administrative lawsuit in court, formulate a legal position, represent the interests of the serviceman and support the case until a court decision is obtained and enforced.

What we do

AXELLEGAL provides comprehensive support in cases of payments to military personnel.

We analyze the documents of the serviceman, determine which payments may not have been accrued or accrued incorrectly, assess the prospects of the case and formulate a legal position.

If necessary, we prepare attorneys' requests to military units, territorial centers for recruitment and social support, the Ministry of Defense of Ukraine and other bodies, and help to obtain certificates, orders, extracts from combat orders, combat logs, documents on financial support, payroll letters and other necessary evidence.

We also prepare reports, complaints, appeals to the command, and in case of refusal or inaction, a lawsuit to the administrative court and represent the client's interests in court.

What documents should be available for analysis

For a preliminary assessment of the situation, it is advisable to provide:

• a military ID or other document confirming service;
• orders for enrollment, transfer, business trip or participation in the performance of tasks;
• certificates of participation in combat operations or combat missions;
• excerpts from combat orders or combat orders;
• combat logs (if available);
• reports and responses to them;
• certificates of financial security;
• payment letters;
• bank statements of actual payments received;
• documents on injuries, treatment, and medical certificates - if the issue concerns payments in connection with an injury;
• certificates on the circumstances of the injury, trauma, or contusion;
• a written refusal from the military unit or other correspondence, if any.

The absence of certain documents or improper document flow between military units does not always deprive a serviceman of the right to payments.

In many cases, the necessary documents can be obtained through lawyer's requests or demanded during court proceedings.

Why it is important to consult a lawyer

Cases concerning combat and other military payments depend not only on the fact of service.

The specific period of service, the nature of the tasks performed, the area where they were performed, the subordination of the military unit, the availability of orders, certificates, combat orders, combat logs, reports and other supporting documents are of great importance.

The procedure and terms of payment of additional remuneration changed during different periods of martial law, so the right of a serviceman is assessed in accordance with the version of the regulations in force at the time of the relevant tasks or service.

Court practice is of particular importance. In such cases, the Supreme Court has emphasized the importance of certificates of participation in hostilities, the right of a serviceman to compensation in case of delayed payments, and the fact that deficiencies in the exchange of documents between military units may not always be grounds for refusal to pay.

The mere fact of military service is not always a sufficient basis for the automatic accrual of certain types of additional remuneration. The right to payments is determined individually in each specific case, taking into account documentary evidence and the actual circumstances of the service.

That is why, before going to court, it is important to properly collect documents, determine the appropriate period, the amount of payments, and form a reasonable legal position.

Contact us for a consultation

If you have not been paid combat pay, have been incorrectly calculated, or if the military unit does not provide a clear answer as to the reasons for non-payment, contact AXELLEGAL.

We will analyze the documents, determine the prospects of the case and offer the best way to defend yourself: from a lawyer's request, report or appeal to the command to full legal support.

When a serviceman may be denied payment

One of the most common reasons for military personnel to seek legal counsel is the refusal to accrue or pay additional remuneration, combat or other payments due. In practice, the reasons for refusals can be both formal and related to the incorrect application of the law by military units.

Most often, military units refer to:

• lack of a certificate of direct participation in hostilities;
• failure to receive documents from another military unit;
• absence of a payment order;
• Lack of confirmation of being in the area of hostilities;
• errors in documents;
• absence of reports or their late submission;
• lack of confirmation of combat (special) missions;
• being a serviceman on a business trip or operationally subordinate to another unit.

At the same time, the mere absence of a separate document does not always mean that there is no right to payment. In many cases, the Supreme Court has pointed out that a serviceman should not bear the negative consequences of improper document flow between military units or inaction of officials.

It is also important to take into account that the payment procedure changed during martial law. Therefore, the right to additional remuneration is assessed in accordance with the version of the regulations that was in effect during the specific period of service or combat missions.

The legal analysis in such cases needs to be verified:

• orders;
• combat orders;
• combat logs;
• references;
• business trip documents;
• reports;
• documents on financial security;
• medical documents in case of injury or treatment.

What mistakes are most often made by military units

In practice, a significant number of problems with payments arise not because of the lack of a serviceman's right, but because of mistakes or inaction by military units.

The most common mistakes:

Improper execution of certificates

Certificates of direct participation in hostilities are often issued with errors or not at all. Sometimes they are missing:

• specific dates;
• the area where the tasks are performed;
• references to combat orders;
• signature of the authorized person;
• seal or registration data.

Such deficiencies may be grounds for delaying or refusing payment.

Lack of payment orders

Even with all the supporting documents, the military unit sometimes fails to issue an order for additional remuneration.

Formal refusals

Formal replies are common:

• "no grounds";
• "no documents were received";
• "no confirmation";
• "the issue is under consideration".
• At the same time, the serviceman is not explained what documents are missing or what actions need to be taken.

Incorrect application of CMU Resolution No. 168

Military units may apply the wrong version of the CMU Resolution No. 168, which was in force during the relevant period, or incorrectly determine the right to payment depending on the nature of the tasks performed.

What are the deadlines for applying to the court

Cases of non-payment of additional remuneration or financial support are considered by administrative courts.

The time limit for applying to the court depends on the nature of the dispute and the circumstances of the particular case.

In most cases, it is used:

a six-month period for applying to an administrative court from the date when the person learned or should have learned of the violation of his or her right.

However, in cases involving monetary remedies, the court practice may take this into account:

• the ongoing nature of the violation;
• date of receipt of the final refusal;
• the date of receipt of the response to the report;
• the actual moment when the serviceman became aware of the non-payment.

That is why, before going to court, it is important to correctly determine the beginning of the term.

In some cases, the missed deadline may be extended by the court if the reasons for the missed deadline are valid.

Before filing a lawsuit, it is advisable:

• submit a report;
• receive a written response;
• record the fact of inaction;
• obtain documents on financial security;
• conduct a legal analysis of the period and amount of the debt.

Is it possible to receive payments for the past period

Thus, in many cases, a serviceman may demand the accrual and payment of additional remuneration for the past period.

This applies to situations where:

• the payment was not accrued at all;
• was partially accrued;
• incorrectly determined period of participation in hostilities;
• incorrectly applied version of a regulatory act;
• the military unit did not take into account the documents on the performance of combat missions;
• the necessary certificates were not issued.

In order to receive payments for the past period, it is important to have:

• orders;
• combat orders;
• References;
• combat logs;
• business trip documents;
• bank statements;
• payment letters;
• responses from military units.

In some cases, documents have to be requested through lawyers' requests or in court.

It is also possible to make claims about:

• compensation for the loss of part of the income;
• indexing;
• debt collection;
• recognizing the inaction of a military unit as unlawful.

What to do if you do not have a certificate of participation in hostilities

The absence of a certificate of participation in hostilities does not always mean that there is no right to additional remuneration.

In practice, situations often arise when:

• the certificate has not been issued;
• documents are lost;
• the military unit does not issue a certificate;
• the person was on a business trip;
• The documents remained in another military unit;
• the unit was redeployed or reorganized.

In such cases, the right to payment may be confirmed by other evidence:

• combat orders;
• combat orders;
• combat logs;
• reports;
• excerpts from orders;
• business trip documents;
• testimony of officials;
• correspondence between military units;
• materials of official inspections.

A lawyer can:

• submit lawyer's requests;
• initiate the receipt of documents;
• appeal against the inaction of a military unit;
• request documents through the court.

In court practice, there are cases where the right to payment was confirmed by a combination of evidence even in the absence of a separate certificate.

Is it possible to recover compensation for delayed payments

For example, the law provides for the possibility of receiving compensation in connection with the violation of the terms of payment of remuneration.

The basis for this is the Law of Ukraine No. 2050-III "On Compensation to Citizens for the Loss of Part of Their Income Due to Violation of the Terms of Payment".

The right to such compensation may arise in the following cases:

• delays in cash collateral;
• untimely payment of additional remuneration;
• delays in indexation;
• delays in payments after injury or treatment;
• long failure to accrue due amounts.

The cases are analyzed to determine the prospects:

• delay period;
• the amount of debt;
• date of actual payment;
• payment documents;
• the military unit's response.

In many cases, compensation can be collected together with the principal amount of the debt through an administrative court.

The Supreme Court's case law confirms that the right to compensation may arise even after the actual payment of the principal debt if the payment was made in violation of the established deadlines.

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Additional areas of legal aid and protection of the rights of servicemen

We also provide legal assistance and support in a number of other important areas related to the protection of the rights of military personnel, veterans and persons entitled to social security. Our specialists help to defend legitimate payments, appeal against unlawful decisions of state authorities and ensure proper legal protection in difficult situations, in particular in the following areas:

- Appealing against the limitation of the maximum pension amount: The Pension Fund is constantly trying to limit the upper limit of the military pension (currently 10 subsistence minimums). Courts consistently side with veterans and lift these restrictions.

- One-time cash assistance (OCA): Payment for an injury that resulted in disability or partial disability (separate from monthly payments). These are substantial amounts that are often subject to delays, difficulties in processing, or unreasonable denials.

- Appeal against the conclusions of the Military Medical Commission (MMC): Assistance in cases of unlawful or questionable conclusions of the commission that may affect the service, fitness status or receipt of due payments and benefits.

- Legal support for the assessment of day-to-day operations: Appealing against an underestimated disability group or percentage of disability in higher authorities or in court.