Military service can triple the length of civil service: who is entitled to this
Military service can significantly affect the length of civil service, but the procedure for its crediting depends on the period of service. In some cases, the time spent participating in the anti-terrorist operation is counted threefold, but this benefit applies only to periods defined by law. "Judicial and Legal Newspaper" reviewed the explanation of how exactly the length of civil service is calculated for servicemen who participated in the ATO.
How the length of civil service is calculated
The length of civil service is calculated in accordance with Article 46 of the Law of Ukraine "On Civil Service" No. 889-VIII and the Procedure for calculating the length of civil service, approved by the Cabinet of Ministers of Ukraine Resolution No. 229.
At the same time, paragraph 8 of section XI "Final and transitional provisions" of Law No. 889-VIII provides that the length of civil service for periods of work (service) before the entry into force of this Law is determined according to the rules and conditions that were in effect at that time.
Before the entry into force of Law No. 889-VIII, the length of civil service was calculated according to Procedure No. 283, its annex, and other regulatory legal acts.
When the time of participation in the ATO is counted threefold
According to paragraph 3 of Procedure No. 283, the length of civil service includes in triple the time of military service during which the person participated in the anti-terrorist operation during a special period.
At the same time, according to part three of Article 2 of the Law of Ukraine "On Military Duty and Military Service," servicemen are citizens of Ukraine, foreigners, and stateless persons who are undergoing military service.
How military service is credited after May 1, 2016
Part two of Article 46 of Law No. 889-VIII and paragraph 4 of Procedure No. 229 define the list of periods of work, service, and study that are credited to the length of civil service. In particular, this includes the time spent in positions where military and special ranks are assigned.
Thus:
- the time of military service before May 1, 2016, during which the serviceman participated in the anti-terrorist operation during a special period, is credited to the length of civil service threefold according to Procedure No. 283;
- the time of military service after May 1, 2016, is credited to the length of civil service on a one-to-one basis.
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