Granting a “preferential” retirement pension and dismissal from military service: The Supreme Court provided clarification
25 February 2025 10:56
The appointment of an old-age pension on preferential terms is not a proper and sufficient ground for dismissal of a person called up for military service during mobilization for the period of martial law. This is reported on the Modern Law Portal with reference to the decision of the Administrative Court of Cassation of the Supreme Court, "Komersant Ukrainian" informs.
It is about the decision in the case of a person’s claim against a military unit to recognize as unlawful the actions to refuse his dismissal and to oblige the military unit to terminate his service in connection with the achievement of retirement age.
It is noted that the plaintiff applied to the military unit with a report on dismissal on the basis of Art. 115 of the Law of Ukraine “On Compulsory State Pension Insurance”, but received an oral refusal. He appealed against such actions to the court, demanding that the refusal be recognized as unlawful, that he be obliged to be discharged and that non-pecuniary damage be recovered.
In substantiating his claims, the plaintiff stated that he had the status of a combatant and was entitled to an early retirement pension in accordance with Article 115 of the Law of Ukraine “On Compulsory State Pension Insurance”.
The position of the Supreme Court
It is noted that the plaintiff serves under conscription during mobilization for the period of martial law, and the Law of Ukraine “On Military Duty and Military Service” defines an exhaustive list of grounds for dismissal from military service in such conditions, among which the attainment of retirement age is not provided.
Thus, part 10 of Art. 26 of the Law of Ukraine “On Military Duty and Military Service” provides that servicemen who have acquired the right to a pension for length of service, as well as those who are war veterans or participants in the liquidation of the consequences of the Chernobyl accident and have five years or less left before reaching the established age limit for military service, may be discharged from military service at their request on the grounds provided for in subparagraphs “c” of paragraphs 1 of parts 5 and 6 of this article.
At the same time, the said provision establishes the grounds for dismissal from military service exclusively in peacetime and exclusively for servicemen performing military service under a contract, as well as servicemen performing regular military service, which, given the established circumstances of the case and the nature of the disputed legal relations, cannot be applied to the plaintiff during the legal regime of martial law and as a serviceman called up for military service during mobilization for a special period.
Thus, the provisions of Part 10 of Art. 26 of the Law of Ukraine “On Military Duty and Military Service” regarding dismissal from military service before reaching the established age limit for military service does not apply to the plaintiff, and the award of an old-age pension to him on the basis of paragraph 4 of part 1 of Article 115 of the Law of Ukraine “On Compulsory State Pension Insurance”, in accordance with the provisions of the Law of Ukraine “On Military Duty and Military Service”, is not a proper and sufficient basis for discharging the plaintiff from military service during mobilization and martial law.
