Compensation for Unused Additional Leave for Combatants

In Ukraine, combatants are entitled to additional leave, which provides them with necessary rest and recovery after service. However, in cases where military personnel are unable to exercise their right to such leave, the legislation provides for the possibility of receiving compensation.

This compensation is financial reimbursement for unused additional leave and is important for supporting the social status and well-being of servicemembers who have fulfilled their duty under difficult conditions. The payment of compensation ensures the protection of the rights of combatants and is part of the state’s obligations to those who have served the country.

The Importance of Compensation for Unused Additional Leave for Combatants

Compensation for unused additional leave for combatants has significant social and economic importance:

• Guarantees additional financial support for servicemembers who were unable to use additional leave. This can be an important source of income, especially for those who are in difficult financial circumstances after service.
• The payment of compensation is a form of recognition and gratitude from the state for the service and sacrifices made by combatants. It emphasizes the importance of their service and helps maintain the morale of the military.
• Combatants who were unable to use additional leave due to service or other circumstances have the opportunity to compensate for this time. This helps to rectify the situation where military personnel could not rest due to circumstances beyond their control.
• While compensation cannot fully replace rest, it helps alleviate financial difficulties that may arise after service. This allows veterans to focus on their recovery and reintegration into civilian life.
• Ensuring fair compensation for unused leave can serve as an incentive for servicemembers to continue their service, knowing that their rights will be protected and that they will receive proper compensation for inaccessible benefits.

The Role of the Dextra Law Firm in Providing Legal Support to Servicemembers

The legal specialists at Dextra Law provide professional consultations on the legal status of servicemembers, including issues related to compensation, benefits, and the right to additional leave. Our services include:

• preparing the necessary documents for receiving compensation or other benefits;
• defending the interests of servicemembers in administrative and judicial processes, assisting in appealing unlawful decisions, and achieving fair outcomes;
• professionally resolving disputed situations;
• protecting the rights and interests of servicemembers in all legal matters related to their service and social security.

Legal Basis for Compensation

The main provisions regulating the process of providing compensation:

• Law of Ukraine “On Leave” (No. 504/96-VR), Art. 6.
• Labor Code of Ukraine (LCU), Art. 77, 83.
• Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection” (No. 3551-XII).
• Law of Ukraine “On Social and Legal Protection of Servicemembers and Their Family Members” (No. 2011-III).

Conditions for Providing Compensation

Compensation is provided if the combatant was unable to use their right to additional leave due to the performance of duties or combat actions. To receive compensation, it is necessary to confirm the status of a combatant. This can be confirmed by the relevant documents certifying participation in combat actions.

Servicemembers or their representatives must submit an application to the administration or the body responsible for calculating compensation. The application should include information about the period of unused leave and the desire to receive compensation. All submitted documents must be correct and comply with legal requirements. Incorrectly completed or incomplete documents may be grounds for refusal of payment.

List of Required Documents for Receiving Compensation

• Combatant ID.
• Application for compensation payment, indicating the period of unused additional leave and the request for compensation.
• Orders or directives confirming the time when the servicemember was relieved or transferred to another service, which could affect the ability to use leave.
• Documents confirming the lack of used leave, such as extracts from the work record book or accounting documents from the organization.
• Documents confirming the period of participation in combat actions.
• Certificates or extracts confirming the average salary, on the basis of which compensation will be calculated.

Procedure for Receiving Compensation

Gather all documents that may be required for submitting the application. Then fill out the application for compensation payment. In the application, indicate the period of unused additional leave, the basis for compensation, and other necessary details. Submit the application to the administration of the military unit or the body responsible for calculating compensation. Ensure that all documents listed in the application are attached.

The commander or the person responsible for record keeping in the unit checks the correctness of the application and the completeness of the documents. If the application meets legal requirements, the commander decides to calculate compensation.

Important! As a rule, the application review should not exceed one month from the date of submission. The term may vary depending on the workload of the body and the specifics of the case.

After making a positive decision on the calculation of compensation, the body responsible for financing prepares the payment. Usually, compensation is paid within one month after the decision is made. However, the exact terms may depend on specific conditions and administrative procedures.

Judicial Appeal in Case of Refusal. Reasons for Refusal of Compensation and Grounds for Judicial Appeal. Preparation for the Court Process: Collecting Evidence, Preparing Applications.

The main reasons for refusing compensation:

• incorrectly completed documents;
• non-compliance with the status of a combatant;
• missing the deadlines for submitting the application;
• non-fulfillment of conditions for receiving compensation.

Grounds for judicial appeal may include:

• Unlawful refusal of compensation payment that does not comply with legal requirements or is the result of error or negligence.
• Violation of established procedures and deadlines, or making a decision based on incomplete or incorrect documents.
• Insufficient justification for refusal without clear explanations of the reasons.

Preparation for the court process begins with collecting all necessary evidence confirming your correctness. First, it is important to have confirmation of combatant status. This can be a combatant ID or a certificate from the command or military commissariat certifying your participation in combat actions.

Secondly, to confirm the fact of unused additional leave, you should collect documents confirming that you were unable to use the leave. These may include calculations, work time records, as well as orders or directives explaining the reasons for not using the leave.

It is also important to gather all documents confirming your attempts to resolve the issue without court intervention. These may include copies of submitted applications and correspondence with the administration demonstrating your attempts to resolve the problem amicably. It is also necessary to have a copy of the decision to refuse compensation payment. This is an official document stating the reasons for refusal.

Other documents, such as a work record book, confirming your employment history and working conditions, may also be included. All these documents need to be carefully checked and ensured that they are correctly completed and ready for submission to the court.

After collecting all necessary documents, the next step is to prepare the lawsuit. The statement of claim should clearly and thoroughly outline the essence of the case, substantiate your claims, and present all collected evidence. The lawsuit must be prepared in accordance with court requirements and include all necessary details. It is also important to be prepared to participate in the court process, ready to provide explanations and testimony.

Possible Court Decisions and Their Execution

If the court decides in your favor, the compensation payment is made by the body responsible for financing. Usually, this must be done within a month. If the court obliges to make corrections to the documents, the relevant body must correct them.

When the court decides that your claim has no grounds, the compensation payment will not be made. You can file an appeal if you disagree with the decision.

The law firm Dextra Law provides professional assistance in preparing and handling court cases related to compensation for unused additional leave for combatants. Our specialists will help you gather all necessary documents, correctly prepare the lawsuit, and represent your interests in court.

We provide comprehensive support at every stage of the process, from preparation to filing the lawsuit to receiving compensation and executing the court decision. Our goal is to ensure justice and protect your rights.

Do not put off until tomorrow what you can do today. Contact the specialists at Dextra Law right now to receive qualified legal assistance and achieve a fair resolution of your case.