Military personnel on business trips without additional pay: What the Supreme Court ruled regarding the 30,000 UAH
22 April 15:07
The financial support for military personnel seconded to state bodies, institutions, and organizations is paid in accordance with Resolution No. 104 of the Cabinet of Ministers of Ukraine dated February 7, 2001, “On the Procedure and Standards for the Financial and Material Support of Military Personnel of the Armed Forces, the State Service for Special Communications and Information Protection, other military formations, and senior officers of the internal affairs agencies and the State Penitentiary Service seconded to state bodies, institutions, and organizations,” therefore, the provisions of Resolution No. 168 of the Cabinet of Ministers of Ukraine dated February 28, 2022, “Issues Regarding Certain Payments to Military Personnel, Enlisted and Commanding Officers, Police Officers, and Their Families During Martial Law” are not applicable in such legal relationships, reports "Komersant Ukrainian" citing the Supreme Court.
As indicated by the Supreme Court, this conclusion was reached by the Judicial Chamber for Electoral Process and Referendum Cases, as well as the Protection of Citizens’ Political Rights of the Cassation Administrative Court within the Supreme Court, in a case regarding the recognition as unlawful of the inaction of the State Air Traffic Services Enterprise of Ukraine (Ukraerorukh) concerning the failure to accrue and pay to the plaintiff — a military servicemember seconded to a regional structural unit of Ukraerorukh to perform tasks in the interests of national defense and security while remaining on active duty—of additional compensation in accordance with CMU Resolution No. 168.
Following the consideration of this case, the Supreme Court dismissed the cassation appeal and upheld the decisions of the courts of first and appellate instances, which had denied the claim.
The Judicial Chamber, in deciding the issue in this case regarding the applicability or non-applicability of CMU Resolution No. 168 to military personnel on assignment, noted that it follows from the content of Article 9 of the Law of Ukraine No. 2011-XII of December 20, 1991, “On Social and Legal Protection of Military Personnel and Members of Their Families,” that the legal regulation of the procedure for determining the monetary allowance of military personnel (para. 2, part 4, Art. 9) and military personnel seconded to state bodies, enterprises, institutions, and organizations (para. 3 of Part 4 of Art. 9) is carried out by various regulatory legal acts.
The court took into account the conclusions of the Grand Chamber of the Supreme Court, set forth in the resolution of August 29, 2024, in model case No. 640/13029/22, namely, that the payment of additional remuneration in the amount of 30,000.00 UAH should be made as an incentive exclusively to those military personnel of the Armed Forces of Ukraine who, through their direct actions, defend the sovereignty, territorial integrity, and inviolability of Ukraine, and therefore, paragraph 1 of CMU Resolution No. 168 does not apply to military personnel seconded to state bodies, institutions, and organizations, whose monetary allowance is paid in accordance with CMU Resolution No. 104.
In this regard, the judicial chamber noted the erroneous conflation of the procedure and conditions for the payment of financial allowances to military personnel and to military personnel seconded to state bodies, institutions, and organizations, and the extension of the provisions of CMU Resolution No. 168 to the latter.
Thus, the Supreme Court concluded that the plaintiff is to be paid only salaries corresponding to military ranks and a seniority allowance in the amounts and in the manner prescribed by law for military personnel, while other components of monetary compensation are to be paid as for the corresponding employees of the structural unit of UkSATSE. Payment of monetary compensation to military personnel seconded to Ukraerorukh is made at the expense of this institution, and since the additional remuneration in the amount of UAH 30,000 is a one-time additional form of monetary compensation for military personnel, the payment of which is not provided for employees of this institution, there are no legal grounds for its payment to the plaintiff.
Resolution of the Judicial Chamber for the Consideration of Cases Concerning the Electoral Process and Referendums, as well as the Protection of Citizens’ Political Rights, of the Supreme Administrative Court of Ukraine dated March 19, 2026, in Case No. 160/13876/22 (Proceedings No. K/990/14195/23).
