A year in three during the war

Despite the fact that on the Internet you can often find the concept of “one year for three” when it comes to calculating service during the war, in fact, such a concept does not exist in the legislation itself. There is such a definition as “one month for three”, which is relevant under certain conditions. This is described in more detail in Articles 17,17-1, 17-2 of the Law of Ukraine No. 2262 “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons”. If you need professional legal advice or support from a military law specialist in such matters, you can contact the lawyers of the law firm “Prikhodko and Partners” for these services. Specializing in this area of ​​​​law, we know how to help you effectively and efficiently.

Is the period of participation in hostilities included in the preferential calculation of “one month for three”?

The aforementioned law provides the following answer regarding the cases when such enrollment occurs. In particular, it concerns military personnel who directly participated in the implementation of measures necessary for the defense of Ukraine, the protection of the security of the population and the interests of the state in connection with the armed aggression of the Russian Federation against Ukraine. It specifically concerns those military personnel who were directly in the areas and during the implementation of the specified measures.

The preferential calculation of seniority is carried out in accordance with the service record of the serviceman's personal file. In order for this legal norm to be properly implemented, the commanders of the Armed Forces, institutions, organizations and military management bodies are instructed to attach to the personal files of servicemen certificates of direct participation of the person in the above-mentioned events, in the form prescribed by current legislation. Such documents must indicate the period when the serviceman participated in these events. They must also record information about the areas where the serviceman was located, performing his combat missions. In addition to all of the above, it is important to indicate the names and details of the documents that were the basis for issuing the relevant certificates. These can be combat reports, combat logs, watch logs, service books, flight logs, information on the implementation of reconnaissance activities.

Commanders are also instructed to indicate periods of service, which are calculated on a “month for three” basis, in the sections of service records called “Participation in international peace and security operations, combat operations. Military service, which gives the right to preferential calculation of years of service for retirement.”

How did the legislative changes in this matter take place?

During 2022-2024, amendments were made to the current legislation regulating the calculation of years of service for military personnel. This is what influenced the judicial practice regarding the preferential calculation of this length of service.

In particular, the Supreme Court in its conclusions came to the conclusion that military service related to the defense of the Fatherland is of a special nature and the principle of calculating one month for three should be applied to it.

However, at the level of necessary legislative transformations, this was fixed only on May 4, 2024, when appropriate amendments were made to Article 17-1 of Law No. 2262. Part 2 of this article defined the categories of persons who are entitled to preferential calculation of length of service according to this principle. This is how the legislation fixed the relevant rights of military personnel participating in the repulsion of Russian armed aggression.

How can we be useful?

When you contact the lawyers of the law firm "Prikhodko and Partners" on the issue of preferential calculation of years of service for military personnel, you can order the following services from us:

• Consulting. High-quality legal advice gives you the opportunity to get answers to your questions, saving time and effort. This way you will not have to study a large amount of information on your own, sorting through the norms of laws and by-laws and thinking about which of them are relevant for your situation. The lawyer will carefully analyze the circumstances of your case and available documents, focusing on whether there is a real prospect for preferential calculation of years of service.
• Legal support. For example, this may be support during interaction with authorized officials, on whom the receipt of documentation confirming the performance of specific combat missions and stay in the combat zone depends.
• Representation of interests in court. If your right to preferential calculation of years of service is violated in cases where there are grounds to calculate it according to the “month for three” principle, we can help by defending your rights in the administrative court. Moreover, the practice of the Supreme Court clearly indicates that such cases are winnable.

To order the services of a military lawyer, you can fill out the feedback form on our website, after which you will be called for an initial consultation.