No combat pay? «Advocate+» has prepared changes to the rules governing payments to military personnel

The lack of a clear definition of the term «line of combat» leads to differing approaches in calculating the additional compensation of 70,000 UAH provided to military personnel. After all, carrying out missions in certain sectors of the front may not be counted as service on the line of combat.

The need to address this issue was one of the topics discussed during a meeting of the UNBA’s Committee on the protection of victims of armed aggression against Ukraine, compensation mechanisms and European integration legal support for recovery, which took place on August 25 in Kharkiv.

The chairman of the Kharkiv Regional Bar Association Viktoria Gayvoronska expressed the region’s advocates’ readiness to expand assistance to military personnel and war victims, while the chairman of the relevant UNBA Committee Andriy Yermak explained that requests received through the «Advocate+» project are processed at three levels: providing initial legal consultation, systematically developing practical guides on specific issues and formulating initiatives for legislative changes.

One of the results of this work was a package of proposals for amendments to Cabinet of Ministers Resolution No. 168 of February 28, 2022 No. 168 «On certain payments to service members, enlisted personnel and officers, police officers and their families during martial law», as well as the Procedure for the payment of monetary allowances to military personnel of the Armed Forces of Ukraine and Certain Other Persons, approved by Order of the Ministry of Defense No. 260 dated June 7, 2018. It was prepared by representatives of the legal service of the 121st Brigade in collaboration with the «Advocate+» project advocate assigned to the unit Kateryna Nepiyvoda based on an analysis of case law and inquiries from military personnel.

In particular, Resolution No. 168 proposes defining the line of combat engagement as a notional boundary on the ground, in airspace, on the water’s surface, underground, and at the bottom of water bodies between the Ukrainian Defense Forces represented by the relevant military formations and enemy forces, established in accordance with combat reports for a specific day. This definition will not be tied to a fixed width or depth of this line. This will eliminate differing interpretations of the conditions for calculating the 70,000 UAH bonus and provide commanders with clear grounds for counting days spent performing combat missions.

Another part of the amendments concerns the payment of 50,000 UAH to service members performing duties at command posts. These amendments cover cases where eligibility for the bonus depends on a person’s official unit assignment, even though they are actually participating in combat command, as well as the specific structure of artillery, anti-aircraft missile, and naval units. Separately, it is proposed to clarify the conditions for awarding 100,000 UAH for performing duties in combat zones.

The drafters expect that these changes will standardize practices and provide commanders and financial services with a clear algorithm for calculating pay, thereby reducing the number of disputes and claims during financial audits.

The preparation of such proposals is one of the areas of focus for «Advocate+». The advocates involved in the project consistently identify practical issues during consultations with military personnel. When a general clarification is insufficient and regulatory changes are necessary, the UNBA Committee compiles a summary of such cases, drafts proposed solutions, and submits them to the authorities empowered to resolve the issues at the appropriate level ranging from parliament and the government to the relevant ministry.

This approach yields practical results. Recently, the Ministry of Defense informed the UNBA that it had incorporated certain proposals from the Ukrainian National Bar Association into the draft amendments to the procedure for military medical examinations. These proposals are aimed at simplifying the process of confirming the circumstances of health impairments sustained during captivity and establishing a causal link to the defense of the homeland.