Transfer from the State Border Guard Service to the Armed Forces of Ukraine: payments may "hang" — what is the reason
Military personnel transferring from one component of the Defense Forces of Ukraine to another often face the issue of unpaid funds from their previous place of service. This concerns, in particular, compensation for unused leave and other due payments. Although the serviceman continues service in a new unit, the obligation to settle such debts does not automatically transfer to the new place of service.
Transfer between components of the Defense Forces does not mean the transfer of financial obligations
During the full-scale war, all military formations of Ukraine are part of the Defense Forces of Ukraine. These include not only the Armed Forces of Ukraine but also the State Border Guard Service of Ukraine, the National Guard, the Security Service of Ukraine, and other military formations.
At the same time, service in different components of the Defense Forces does not mean that financial obligations automatically transfer in case of a serviceman’s transfer.
This issue was clarified by lawyers commenting on the situation of a serviceman who served in the State Border Guard Service of Ukraine, was then removed from the personnel list, and later enrolled in the Armed Forces of Ukraine.
Who should pay the unpaid funds
If after service in the SBGS the serviceman was officially dismissed or removed from the personnel list and then enrolled in the Armed Forces of Ukraine, all unpaid amounts for the period of service in the border agency must be paid by the respective military unit or body of the State Border Guard Service.
This concerns, in particular, compensation for unused leave and other payments to which the serviceman became entitled during service in the SBGS. The new military unit of the Armed Forces of Ukraine is not responsible for financial obligations that arose before the transfer.
What to do if the funds were not paid
In particular, after enrollment in the Armed Forces of Ukraine, it is first necessary to ensure the correct entry of information about the previous period of service and used leave into the personal file based on extracts from orders and relevant documents.
If unpaid funds remain for the period of service in the SBGS, it is necessary to separately contact the relevant body or military unit of the State Border Guard Service with a written request for calculation and obtaining certificates regarding leave and due payments.
If no response is provided or payments are not made, one can protect their rights by appealing to the administrative court with a claim against the relevant body or military unit of the SBGS.
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