The procedure for calculating the length of service for military personnel

The relevant regulatory act that governs the calculation of length of service for military personnel is Cabinet of Ministers Resolution № 393. If you read the text of this document in detail, you will see how many changes were made to it at different stages. This applies to both the periods before and after the full-scale Russian invasion. At the same time, the legislation does not stop transforming. The new Law № 3633, which was adopted in April 2024 and amended Article 17-1 of Law № 2262, provided for the grounds for crediting years of service on a preferential basis.

What has changed in the legislation in favor of pensioners?

The important changes mentioned above made it possible to credit 1 month of service for 3 months if it is a period of time during which a serviceman took direct part in activities aimed at the defense of Ukraine.

Thus, the current legal provisions are aimed at making social security for military retirees fair and up-to-date. However, in practice, there are a number of problems with the application of these legal provisions.

What do military retirees face in practice?

State bodies authorized to calculate and grant pensions often do not include preferential service in the total length of service. The result is that a serviceman is denied a pension on preferential terms. This problem is widespread today. There is not even a unified practice of the Armed Forces of Ukraine in this regard.

What can a pensioner rely on in the legal field?

If the legislator has provided for the inclusion of years of service in the pension on the basis of the principle specified, the law must be taken into account and implemented in practice. Therefore, you need to defend your rights and legitimate interests.

The sequence of actions is as follows:

1. first, you should apply to the authorized state bodies for consideration of length of service on preferential terms;
2. if you receive a written refusal, you should apply to an administrative court.

Cases in which the defendant is a government agency or its specific officials are considered in administrative proceedings.

Why is it worth contacting specialists?

The constant changes in legislation mentioned above make the legal environment very dynamic. In order to effectively resolve issues that are at the intersection of military and pension law, you need to have sufficient theoretical knowledge and practical experience, as well as regularly monitor legal industry news. At the same time, neither the above-mentioned dynamics nor the lack of a unified practice of the Supreme Court are reasons to refuse to defend your rights.

It is worth contacting professionals who can help you in a truly competent manner. Such experts in military and pension law work in the team of Prikhodko & Partners Law Firm. We provide services in several formats at once. These are:

• Consulting. We will answer all your questions and help you navigate the prospects and further action plan.
• Support in cooperation with authorized state bodies. In this area, we are ready to perform all the necessary actions that do not require your personal presence.
• Representation of interests in court. If other legal mechanisms are ineffective, we go to court.

Our team works for results and uses all legal options available to protect the rights of our clients. To get legal advice or order legal support for your case, fill out the form on the website and our lawyer will contact you shortly.