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Problematic aspects of suspending monetary payments to military personnel

Reference

Skarbarchuk, O. G. (2025). Problematic aspects of suspending monetary payments to military personnel. Journal of the National University of Ostroh Academy. Series “Law,” (1), 34–39.

Agency Expert(s) related to the Article

Dr. Oleksandr Skarbarchuk

Article Digital Object Identifier (DOI Link)

https://doi.org/10.32782/2223-9995.2024.25.7

Abstract

The rapid increase in the personnel of the Armed Forces of Ukraine and the amount of monetary allowance between 2014 and 2024 led to a proportional increase in violations of the procedure for paying monetary allowance, especially those related to the suspension of payments. In particular, there have been cases of unjustified payments after it was established that a servicemember had left their military unit (place of service) without permission, due to the late issuance of the relevant order by the commander (superior). Using dialectical, formal-logical, systemic-structural, and formal-dogmatic methods, it has been established that the suspension of monetary allowance payments in the event of a military serviceman’s unauthorized departure from a military unit (place of service) is the result of its suspension until the court issues a guilty verdict under the relevant part of Article 407 of the Criminal Code of Ukraine, or the acquittal of the military personnel, or the closure of criminal proceedings on rehabilitative grounds. An analysis of the current legislation regulating the monetary allowance of servicemen of the Armed Forces of Ukraine has established that the reason for such violations is the inconsistency of peacetime legislation with the circumstances of a full-scale invasion, in particular, the establishment of the fact of unauthorized absence of a military serviceman from a military unit (place of service) only from the moment the commander (superior) of the military serviceman applies to law enforcement agencies with a report of a criminal offense.