Incorrect accrual of cash security: what to do?

The issue of proper calculation of financial support for military personnel is one of the most complex topics in the field of military law. The problem is rooted in the long-standing ignoring by state bodies of the current indicators of social standards, which led to the systematic underestimation of payments to thousands of defenders. So if incorrect calculation of financial support has affected you, you should contact a professional military lawyer who will help solve the problem. You can meet such a specialist in the team of the law firm "Prikhodko&Partners".

What affects the amount of payments?

The main factor determining the amount of payments is the official salary, which is calculated according to a formula clearly defined by law. The essence of this formula is to multiply the subsistence minimum for able-bodied persons by the corresponding tariff coefficient established for a specific position. However, for a long period, starting from the beginning of 2020, the calculations used an outdated and significantly underestimated subsistence minimum indicator, which was relevant as of the beginning of 2018. This practice directly contradicts the principles of social protection and the principle of legality, since the subsistence minimum is a dynamic value that must be reviewed annually in accordance with the Law "On the state budget".

Incorrect accrual of cash security: consequences

When financial services use an irrelevant basis for calculations, this triggers a chain reaction of financial losses for the serviceman. It all starts with the official salary, which is the basic element of the monetary support structure. Accordingly, underestimating the basic indicator automatically entails incorrect calculation of the salary by military rank. Since most additional payments are also tied to the official salary, an error occurs in the calculation:

• long-service bonuses;
• bonuses for specific service characteristics;
• bonuses and material assistance.

These payments are calculated as a percentage of the base salary, so the total amount of underpayment becomes more and more significant each month.

The negative consequences of this problem are not only present, but also long-term. It negatively affects the future size of pension provision, as the base for deductions remains artificially low. This is not just a technical accounting error, but a gross violation of the right to decent remuneration for service, which requires active legal intervention.

How to solve the problem of incorrect accrual of cash security?

In order to change the situation and restore justice, a serviceman needs to follow a clearly defined path.

1. The first step is to collect evidence and official information about the payments made. It is necessary to obtain settlement sheets for the entire disputed period, copies of orders on appointment to positions, certificates of the amount of the paid security and other internal financial documents that record the accrual algorithm.
2. Having the listed documents, you can proceed to the stage of pre-trial settlement, which consists in submitting an official report or application to the unit commander or head of the institution. This application should clearly state the requirement to recalculate the cash security taking into account the current subsistence minimum established by law for the relevant calendar year.
3. Since practice shows that the response to such a report is most often a refusal, the most effective stage is an appeal to the administrative court. Judicial protection in such cases is the most effective tool, since judicial practice has already formed a stable position in favor of military personnel, confirming the state's obligation to accrue payments based on real indicators of the subsistence minimum.

In any of these cases, the next and most effective step is to appeal to the administrative court. Judicial protection in such cases is the most effective tool, since judicial practice has already formed a stable position in favor of military personnel, confirming the state's obligation to calculate payments based on the real indicators of the subsistence minimum.

Legal assistance from the Prikhodko&Partners team

The role of a lawyer in calculating monetary security is key in the process of defending clients' rights, because independent conduct of such a case requires in-depth knowledge not only of military, but also of administrative and budgetary law.

Professional assistance begins with a detailed analysis of the available documents and an assessment of the prospects of the case, taking into account the statute of limitations, which in administrative disputes are quite limited.

After the analysis, the lawyer prepares and sends official demands to the military unit for voluntary correction of errors in calculations. If the unit refuses to accrue and pay the debt voluntarily, a statement of claim is prepared in court.

In addition, the work of a military lawyer does not end after the announcement of the court decision. Often, the security authorities delay the process of actual payment of funds, so the lawyer's request for the execution of the court decision becomes a necessary control tool that forces officials to act faster and more efficiently. Only such a systematic approach allows a serviceman to receive all the financial support due to him by law in full without losses due to bureaucratic obstacles.

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