Regulatory framework
The indexation of the financial support of military personnel is based on a number of laws and resolutions of the Cabinet of Ministers of Ukraine, in particular:
- Code of Labor Laws of Ukraine, Articles 107-111, 115-117, 119-122, 124, 138-141, 154-155;
- Law of Ukraine “On indexation of monetary income of the population”;
- Law of Ukraine “On social and legal protection of military personnel and members of their families”;
- Resolution of the Cabinet of Ministers of Ukraine dated July 17, 2003 No. 1078 “On approval of the Procedure for indexing the monetary income of the population”.
Do military personnel have the right to indexation
According to Article 46 of the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families”, servicemen have the right to indexation of their financial support. This right applies to all types of financial support paid to military personnel.
What is included in the financial support
The financial support of military personnel includes the following components:
- military salary;
- surcharges and allowances;
- monetary compensation for expenses related to military service;
- material assistance;
- other types of financial support provided for by law.
When indexation of monetary security is carried out
Let’s take a detailed look at the components of military servicemen’s financial support provided for by legislation:
- Military salary is money payments that military personnel receive for the performance of their official duties. The size of the military salary depends on the military rank, qualifications, length of service and other factors.
- Supplements and allowances are additional monetary payments that servicemen receive for performing certain functions or in conditions associated with increased risks and complexity. For example, additional payments for years of service, for serving in a combat zone, for performing particularly important tasks, etc.
- Monetary compensation for expenses related to military service is monetary payments that are assigned to military personnel to cover expenses related to moving to a new place of service, processing documents, purchasing necessary items, and other expenses.
- Material assistance is monetary payments that are assigned to military personnel in the event that they are unable to provide for themselves and their families with the necessary means.
- Other types of financial support provided for by law are cash payments that are paid to military personnel in cases provided for by law. For example, it can be monetary compensation for damage caused to health as a result of military service, monetary assistance upon retirement, etc.
Indexation of monetary support is carried out in order to preserve the real value of military personnel’s monetary support and compensate for the impact of inflation on their incomes.
Procedure of indexing
The procedure for indexing the monetary support of military personnel is established by the Resolution of the Cabinet of Ministers of Ukraine of July 17, 2003 No. 1078 “On approval of the Procedure for indexing the monetary income of the population”.
Calculation of indexation for the period from 01.01.2008 to 01.03.2018
For example, according to the calculations carried out in accordance with the Decree of the Cabinet of Ministers of Ukraine dated July 17, 2003 No. 1078, the indexation calculation for the period from January 1, 2008 to March 1, 2018 is 244.1%.
Terms of appeal to the court
Military personnel who believe that their benefits have not been indexed in accordance with the requirements of the law can go to court. The term for submitting a claim to the court is three years from the moment of accrual of indexation debt.
Example of a statement of claim
An example of a statement of claim may have the following content:
“I, Surname Patronymic, a discharged military serviceman, am applying to the court with a claim for the calculation of indexation of monetary support for the period from ___ to ___, in accordance with the requirements of the Law of Ukraine “On indexation of the monetary income of the population” and the Resolution of the Cabinet of Ministers of Ukraine dated 17 July 2003, No. 1078 “On approval of the Procedure for indexation of monetary incomes of the population”.
I note that during this period, my military salary and other types of financial support were not indexed in accordance with the established requirements of the law.
I ask the court to calculate the indexation of the monetary security for the specified period in the appropriate amount and to oblige the defendant to pay the indexation debt.
I refer to the Code of Labor Laws of Ukraine, the Law of Ukraine “On Indexation of the Population’s Monetary Income”, the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families”, Resolution of the Cabinet of Ministers of Ukraine of July 17, 2003 No. 1078 “On Approval of the Procedure for indexation of monetary incomes of the population” and other normative acts that regulate relations in the field of monetary support of military personnel.
I would like to accept the claim for consideration and make a decision in my favor.
Date, signature”
Legal, economic, cultural features of Ukrainians
An important aspect of ensuring the rights of servicemen to indexation of monetary support is taking into account the legal, economic and cultural features of Ukrainian society.
In particular, the national economy of Ukraine has its own characteristics that affect the financing of the indexation of the monetary support of military personnel. An increase in inflation, devaluation of the national currency and other economic factors may cause a lack of funds for indexation.
In addition, it is important to take into account the cultural features of Ukrainian society, in particular, attention to human rights and social justice. Ensuring the rights of servicemen to indexation of monetary support is an important aspect of ensuring their social security and recognizing the contribution of servicemen to the protection of national interests.
Also, Ukrainian society has its own legal peculiarities that affect the legal protection of military personnel. In particular, the judicial system of Ukraine may have certain shortcomings and injustices, which may affect the ability of military personnel to protect their rights to indexation of monetary support.
Four funny judicial examples from the lives of clients
Some clients may have funny court cases related to the indexation of military benefits. Example:
- The military serviceman appealed to the court with a claim for the calculation of the indexation of monetary support for the period from 2008 to 2018. However, during the case review, it turned out that he received cash support and kept the money in a home safe. The court refused to satisfy the claim, explaining that in order to calculate the indexation, it is necessary to have confirmed documents on receipt of salary.
- Another military serviceman appealed to the court with a claim to calculate the indexation of monetary support for the period from 2010 to 2019. However, the court rejected his claim due to the fact that he did not apply to the military commission with a proposal to increase his salary based on indexation.
- The third serviceman appealed to the court with a claim to calculate indexation of monetary support for the period from 2009 to 2020. However, the court rejected the claim due to the fact that he did not have a sufficient number of documents confirming his military service and salary for the specified period.
- The fourth serviceman appealed to the court with a claim to calculate the indexation of monetary support for the period from 2012 to 2021. However, the court rejected his claim, explaining that he did not apply to the military commission to increase his salary based on indexation during the specified period, and also did not provide sufficient evidence of his military service and salary during this period.
These funny examples show the importance of complying with the requirements of the law on the indexation of the monetary support of military personnel. Servicemen are responsible for keeping documents confirming their military service and salary for the specified period. In addition, it is important to pay attention to the procedure for increasing wages based on indexation and to submit relevant applications to the military commission in a timely manner.
However, such amusing court cases also show that sometimes military personnel may not be sufficiently informed about their rights and the indexation procedure. Therefore, it is important to carry out constant work explaining to military personnel the legal aspects related to their financial support and the indexation calculation procedure.
During the war in Ukraine: Indexation of monetary support for military personnel
Ukraine has been at war with Russia since 2014, during which military personnel became one of the most vulnerable categories of the population.
The war led to an increase in the amount of monetary support for servicemen and other military categories, as well as to the introduction of additional types of social support. The Government of Ukraine regularly increases the salary of military personnel and indexes it in accordance with the law.
In addition, the war led to the emergence of new types of financial support for military personnel, in particular, to payments for participation in hostilities and to the provision of material assistance in case of injury or disability.
Unfortunately, however, the war has also resulted in many servicemen becoming disabled and war-torn, so it is important to provide them with social and financial support.
The Government of Ukraine pays special attention to issues of social protection of servicemen and their families, as well as ensuring their rights to financial support and indexation in accordance with the law. In order to improve the social protection of military personnel, various social support programs are currently being actively implemented in Ukraine, in particular, the program of housing support for military personnel, which provides for the preferential provision of housing for rent or purchase at the expense of state funds.
Also, in accordance with the legislation, military personnel who are in the combat zone have the right to additional payments, in particular, to additional payment for years of service and additional payment for the conditions and complexity of service.
Due to the fact that the war continues, there is a question of strengthening the social support of servicemen and their families. The Government of Ukraine plans to expand programs of social support and ensuring the rights of military personnel, in particular, in connection with the increase in the amount of financing of the military industry.
However, at present, the indexation of the monetary support of military personnel is carried out in accordance with the standard procedure established by the legislation. In order to receive indexation of monetary support, servicemen must apply to the military commission with relevant documents and an application. According to the results of the examination of the application, the serviceman can receive indexation according to the rates established by the law.
Therefore, during the war in Ukraine, it is important to ensure the rights of servicemen to monetary support and indexation, as well as to ensure their social and financial support. The Government of Ukraine implements a number of measures to ensure social support for servicemen and their families, in particular, improving service conditions, increasing monetary support and indexation, providing housing and medical care.
These measures include increased funding for the military industry, increased cash support and additional compensation payments to military personnel in combat zones, and the development of a housing support program.
In addition, the government of Ukraine implements a number of measures to improve the service conditions of military personnel, in particular, providing high-quality military equipment and weapons, improving the quality of food and living conditions.
Also, to ensure the social protection of military personnel and their families, various social support programs operate in Ukraine, in particular, the program of preferential housing loans, the program of preferential treatment and rehabilitation of military personnel and their families.
Therefore, active measures are being taken in Ukraine to ensure the rights of servicemen to monetary support and indexation, as well as their social and financial support. Ensuring the rights of military personnel to monetary support and indexation is an important step in ensuring national security and protecting the national interests of Ukraine. At the same time, it is important to remember the need for constant improvement of the legislation regarding the indexation of the monetary support of military personnel and ensuring their social support.
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