A serviceman won a court case to receive combat pay and over 31 thousand UAH of unpaid monetary allowance
The Dnipropetrovsk District Administrative Court considered in simplified proceedings administrative case No. 160/7186/26 on the claim of a serviceman against a military unit regarding the recognition of unlawful inaction concerning the non-payment of monetary allowance held in the escrow account, as well as the non-accrual and non-payment of additional remuneration provided by the Cabinet of Ministers Resolution dated February 28, 2022, No. 168 "On certain payments to servicemen, enlisted and command personnel, police officers and their families during martial law."
The court examined whether the serviceman’s right to receive unpaid monetary allowance and additional remuneration for performing combat (special) tasks and direct participation in hostilities was confirmed, as well as whether there were lawful grounds for refusal to make the respective payments.
Essence of the case
The plaintiff served in a military unit and turned to the court after he was not paid a monetary allowance of 31,576.24 UAH, which according to the monetary certificate was accrued but remained in the military unit’s escrow account.
Additionally, the serviceman stated that in December 2025 and January 2026 he performed combat (special) tasks and directly participated in hostilities, thus having the right to additional remuneration according to Cabinet of Ministers Resolution No. 168.
To confirm the performance of combat tasks and direct participation in hostilities, certificates from the military unit were provided, issued based on combat orders, combat directives, combat journals, and commanders' reports. In particular, the certificates confirmed the performance of combat (special) tasks, which is the basis for payment of additional remuneration in the amount of 30,000 UAH proportionally to the time of performing such tasks, as well as direct participation in hostilities, which is the basis for payment of additional remuneration in the amount of 100,000 UAH proportionally to the time of participation.
The military unit did not submit a response to the claim nor provide the court with evidence of payment of the monetary allowance held in the escrow account, nor evidence disproving the information stated in the certificates about performing combat tasks and participation in hostilities.
Position and conclusions of the court
The court noted that according to Article 9 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Families," the state guarantees servicemen proper monetary allowance, and the procedure for its payment is determined by the Cabinet of Ministers of Ukraine and the Ministry of Defense of Ukraine.
After analyzing the provisions of Cabinet of Ministers Resolution No. 168, the Procedure for Payment of Monetary Allowance approved by the Ministry of Defense Order No. 260, as well as specific instructions from the Minister of Defense regarding the procedure for confirming servicemen’s participation in hostilities, the court concluded that the payment of additional remuneration is made based on orders from commanders of military units with documentary confirmation of performing combat (special) tasks or direct participation in hostilities.
The court took into account the legal conclusions of the Supreme Court, according to which the mere presence of a serviceman in the combat zone is not sufficient grounds for payment of additional remuneration in the amount of 100,000 UAH. Decisive importance is given to documented confirmation of performing combat (special) tasks or direct participation in hostilities.
Having examined the provided certificates, the court established that they were drawn up based on combat orders, combat directives, combat journals, and commanders' reports, comply with current legislation requirements, their authenticity was not disputed by the defendant, they were not declared invalid, and the information contained therein was not challenged in the prescribed manner.
At the same time, the defendant did not provide any evidence disproving the plaintiff’s performance of combat (special) tasks or his direct participation in hostilities.
Regarding the monetary allowance, the court established that according to the monetary certificate, the serviceman was accrued but not paid 31,576.24 UAH, which remained in the military unit’s escrow account. The defendant did not provide the court with evidence of payment of these funds or legal grounds for their non-payment.
Under these circumstances, the court recognized the military unit’s inaction as unlawful regarding the non-accrual and non-payment of additional remuneration provided by Cabinet of Ministers Resolution No. 168, as well as the non-payment of accrued monetary allowance held in the escrow account.
The court obliged the military unit to accrue and pay the serviceman additional remuneration according to Cabinet of Ministers Resolution No. 168 for the confirmed periods of performing combat (special) tasks and direct participation in hostilities, as well as to pay 31,576.24 UAH of accrued monetary allowance held in the escrow account.
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