Severance pay upon dismissal of military personnel

The current legislation of Ukraine provides for additional guarantees of social and legal protection of military personnel. Including - upon release from military service. Payment of a one-time cash benefit upon discharge from military service is among such guarantees. This benefit is also called severance pay.

What legislative norms regulate this issue?

So, let's start with the laws. It is worth paying attention to the Law "On Social and Legal Protection of Servicemen and Members of Their Families", namely its article 15. This article describes in great detail which specific material assistance is provided in which cases. For example, 50% of the monthly allowance for each year of service is provided in cases where a soldier is released due to health or at his own will during martial law, when it comes to foreigners and stateless persons. Cases are also mentioned when:

• The military concluded a contract before the end of the special period or before the announcement of the demobilization decision and served at least 24 months.
• A military man is serving under a contract whose validity has been extended beyond the established term for the duration of the special period, and at the same time he has served at least 18 months.

You can learn about other cases in the mentioned article. For example, some military personnel are provided with such a payment, as discussed above, with 10 years of service or more, if they are discharged:

• by age;
• in connection with the expiration of the contract;
• in connection with the systematic non-fulfillment of the conditions specified in the contract by the command;
• by agreement of the parties;
• in connection with the revocation of the mandate, which gives the right to carry out chaplaincy activities.

As for other cases, you can also read them in the same article. And there are also situations when 25% of the financial support is paid for each year of service.

Which by-laws are relevant?

In addition to the mentioned law, it is worth paying attention to subordinate legal acts. Among them are 2 Government Resolutions, namely:

• PKMU № 460 dated September 17, 2014 "On approval of the Procedure and conditions for payment of one-time cash benefits to certain categories of servicemen in the event of discharge from military service";
• PKMU № 260 of June 7, 2018 "On approval of the Procedure for payment of financial support to servicemen of the Armed Forces of Ukraine and some other persons."

As for the second of the mentioned Resolutions, it is worth paying attention to chapter XXXII, which is entitled "One-time monetary assistance in case of dismissal from military service".

How can we be useful?

Lawyers of the Prikhodko & Partners law firm specialize in military law. This area of law is among our focus of practice. So you can count on quality help, which is provided in different formats:

• Consultancy. We will answer your questions, so you do not have to work out a large number of legal regulations on your own.
• Support in interaction with state bodies. If you need to perform a representative function somewhere, our team will be happy to do it.
• Representation of interests in court. This option is relevant when the rights of servicemen are violated.

Lawyers practicing military law of the law firm "Prikhodko & Partners" have considerable experience in various cases, so you can be sure that your issue will be handled by competent specialists. Fill out the form on our website and our military law lawyer will contact you shortly.