Article 5 of the Law of Ukraine "On the Status of War Veterans, Guarantees of Their Social Protection" of October 22, 1993 №3551-XII participants in hostilities are granted additional leave with pay for a period of 14 calendar days per year.
What are the main questions that may arise in the military in establishing the fact of violation of their rights and non-payment of such monetary compensation?
Is a serviceman entitled to monetary compensation for unused leave as a participant in hostilities?
What is the amount of monetary compensation due to a serviceman?
What is the procedure for appealing against the inaction of a military unit?
What are the deadlines for appealing to the military unit and the court to appeal this issue?
Does a serviceman pay a court fee for going to court to challenge this issue?
1. Is a serviceman entitled to monetary compensation for unused leave as a participant in hostilities?
Persons who have the status of a participant in hostilities, in accordance with Article 12 of the Law of Ukraine "On social and legal protection of servicemen and members of their families" are entitled to additional leave with pay for a period of 14 calendar days per year.
Participants in hostilities are persons who participated in the implementation of combat missions to protect the Motherland as part of military units, formations, associations of all types and branches of the Armed Forces of the Army (Navy), guerrilla units and underground and other formations as in wartime and in peacetime. "
That is, servicemen who have the status of a participant in hostilities are entitled to additional leave as participants in hostilities, which can be implemented in two ways:
direct granting of leave to a person after the end of a special period, which may last for an indefinite period;
monetary compensation for a person's leave.
Thus, in the year of dismissal of servicemen, in case they do not use the annual basic or additional leave, they are paid monetary compensation for all unused days of annual basic leave, as well as days of additional leave.
That is, the provisions of the Law of Ukraine "On the status of war veterans, guarantees of their social protection" do not limit or terminate the right of a combatant to receive in the year of exemption payment of monetary compensation for all unused days of additional leave, the right to which special period from the moment of announcement of mobilization.
Therefore, at the time of the order to exclude a serviceman from the personnel lists, monetary compensation for unused calendar days of additional leave provided for in paragraph 12 of part one of Article 12 of the Law of Ukraine "On the Status of War Veterans, Guarantees of Their Social Protection" is subject to accrual and payment.
2. What is the amount of monetary compensation due to a serviceman?
In each case, the amount of monetary compensation for unused additional leave as a participant in hostilities will be different and will depend on the financial security of the serviceman and the number of years from the moment of receiving the status of a participant in hostilities.
But for ease of understanding, here are examples of determining the amount of monetary compensation for different amounts of cash security (for one year):
cash security UAH 25,000. - the amount of compensation for 1 year will be about UAH 12,000*/
cash security UAH 15,000. - the amount of compensation for 1 year will be about 7,000 UAH*
cash security UAH 8,000. - the amount of compensation for 1 year will be about UAH 4,000 *.
* These amounts are finally multiplied by the number of years that have elapsed since receiving the status of a participant in hostilities.
3. What is the procedure for appealing against the inaction of a military unit?
First of all, you should contact the military unit with a request for information, in which to ask the main questions about monetary compensation for unused additional leave as a participant in hostilities:
whether additional leave was granted as a participant in hostilities, in accordance with paragraph 12 of Article 12, Section III of the Law of Ukraine "On the status of war veterans, guarantees of their social protection";
whether accrued and paid on the day of exclusion from the lists of military personnel, monetary compensation for unused additional leave, in accordance with paragraph 3 of paragraph 14 of Article 10-1 of the Law of Ukraine "On social and legal protection of servicemen and their families" as a participant fighting.
It should be noted that in case of non-accrual and non-payment of monetary compensation for unused days of additional leave as a participant in hostilities, please make an accrual and pay such compensation. This is necessary to obtain a clear refusal, which can then be appealed to the administrative court.
In the future, upon receipt of the answer, an analysis of all initial data is carried out and in the presence of all provided grounds for appeal in court, documents are prepared for the court.
The Podolsk Legal Center will help you prepare such a statement of claim.
4. What are the deadlines for appealing to the military unit and the court to appeal this issue?
The special legislation does not directly regulate the issue of deadlines for appealing to the court in connection with the defendant's violation of the legislation on remuneration (payment of cash security), but according to paragraph 3 of section XXXI of the Procedure for payment of cash security to servicemen of the Armed Forces of Ukraine. Defense of Ukraine from June 7, 2018 № 260 monetary compensation is paid for all unused days of annual basic leave, as well as days of additional leave, including for previous years. The right to receive such payments is not limited by any term.
Appeals to the court to recover the amounts of compensation for unused additional leave as a participant in hostilities are not limited by the statute of limitations. At the time of leave, a person retains a salary (cash security), such payments are included in the salary fund and are an integral part of it. The same applies to compensation for dismissal for unused vacation days.
5. Does a serviceman pay a court fee for going to court to challenge this issue?
In accordance with paragraph 13 part 1 of Article 5 of the Law of Ukraine "On court fees" Art. 22 of the Law of Ukraine "On the status of war veterans, guarantees of their social protection" a participant in hostilities is exempt from paying court fees.
Therefore, in these circumstances, the servicemen were exempted from paying the court fee for appealing to the court to appeal this issue.
If you have any further questions, call us or write your question right now to the CHАТ!