Does a Mobilized Serviceman Have the Right to a 50% Monetary Allowance for Each Year of Service Upon Discharge: Court Decision

The Volyn District Administrative Court reviewed case No. 140/16375/25 filed by a former serviceman of the State Border Guard Service of Ukraine against a border detachment concerning the calculation and payment of a one-time monetary allowance upon discharge from military service.

The dispute arose because the plaintiff considered the calculation of the one-time monetary allowance upon discharge according to the Cabinet of Ministers of Ukraine Resolution No. 460 dated September 17, 2014, in the amount of 4 percent of the monthly monetary allowance for each full calendar month of service, to be unlawful. In his opinion, he was entitled to receive an allowance of 50 percent of the monthly monetary allowance for each full calendar year of service.

Circumstances of the Case

The plaintiff served in the military by conscription during mobilization in one of the border detachments of the State Border Guard Service of Ukraine.

By order of the head of the border detachment, he was discharged from military service due to health reasons because of a disability and was removed from the personnel lists and all types of support. The length of service as of the discharge date was 2 years, 11 months, and 11 days.

According to the discharge order, the serviceman was paid a one-time monetary allowance of UAH 34,077.40, which amounted to 4 percent of the monthly monetary allowance for 35 full calendar months of service in accordance with the Cabinet of Ministers of Ukraine Resolution No. 460.

The plaintiff believed he was entitled to receive a one-time monetary allowance of 50 percent of the monthly monetary allowance for each full calendar year of service since he was discharged due to health reasons. He referred to the provisions of Article 15 of the Law "On Social and Legal Protection of Servicemen and Their Families" and noted that the legislation does not prohibit receiving several types of one-time allowances upon discharge on different grounds simultaneously.

The defendant opposed the claim, stating that for servicemen who served by conscription during mobilization, the issue of payment of a one-time monetary allowance is specifically regulated by the Cabinet of Ministers of Ukraine Resolution No. 460. According to this resolution, such allowance is paid at 4 percent of the monthly monetary allowance for each full calendar month of service, but not less than 25 percent of the monthly monetary allowance.

Court's Position

The court noted that military service by conscription during mobilization for a special period is a separate type of military service for which legislation establishes a special legal regulation procedure.

Analyzing the provisions of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Families," the court pointed out that paragraph 24 of subparagraph 3 of part two of Article 15 of this Law contains special legal regulation regarding the payment of a one-time monetary allowance to servicemen called up during mobilization.

The court emphasized that this provision sets special conditions for paying the allowance to such servicemen and establishes that the procedure and conditions for its payment are determined by the Cabinet of Ministers of Ukraine.

In accordance with these legislative provisions, the Cabinet of Ministers of Ukraine adopted Resolution No. 460 dated September 17, 2014, which approved the Procedure and Conditions for Payment of a One-Time Monetary Allowance to Certain Categories of Servicemen upon Discharge from Military Service.

The court noted that according to this Procedure, servicemen who served by conscription during mobilization are paid a one-time monetary allowance at 4 percent of the monthly monetary allowance for each full calendar month of service, but not less than 25 percent of the monthly monetary allowance.

The court also noted that the Law's provisions do not provide for the possibility of a serviceman acquiring the right to receive several one-time monetary allowances upon discharge on different grounds simultaneously.

The court stressed that special provisions of the Law and Cabinet of Ministers of Ukraine Resolution No. 460 apply to the plaintiff as a serviceman who served by conscription during mobilization, rather than the general provisions on payment of an allowance of 50 percent of the monthly monetary allowance for each calendar year of service.

Court Conclusions

The Volyn District Administrative Court concluded that upon discharge from military service, the plaintiff was entitled to receive a one-time monetary allowance precisely in the amount of 4 percent of the monthly monetary allowance for each full calendar month of service in accordance with Article 15 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Families" and Cabinet of Ministers of Ukraine Resolution No. 460.

The court established that the one-time monetary allowance was calculated and paid to the plaintiff in the amount prescribed by current legislation, and therefore his right to receive such payment was not violated.

The arguments regarding the right to receive an additional one-time allowance of 50 percent of the monthly monetary allowance for each full calendar year of service were recognized by the court as based on incorrect application of substantive law norms.

Accordingly, the court fully dismissed the claim.

The decision may be appealed in full or in part by filing an appeal to the Eighth Administrative Court of Appeal.

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