Publication date: 26.05.2024
Administrative offenses and additional remuneration of military personnel: new position of the Supreme Court of the Armed Forces of Ukraine
Introduction
On March 20, 2024, the Cassation Administrative Court as part of the Supreme Court (KAS VS) adopted a resolution in case No. 560/7178/22, which raised the issue of the connection of administrative offenses with the payment of additional compensation to military personnel. This decision has important consequences for the legal regulation of the financial support of military personnel, in particular in cases of their committing administrative offenses. This was announced by the Fifth Administrative Court of Appeal.
Prerequisites and legal framework
The essence of the case was to determine whether a serviceman may not be paid additional remuneration in connection with the commission of an administrative offense, such as domestic violence, the responsibility for which is established by Art. 173-2 of the Code of Ukraine on Administrative Offenses (CCP).
Resolution of the Cabinet of Ministers of Ukraine No. 168
At the time of the emergence of disputed legal relations, Government Resolution No. 168 of February 28, 2022 did not regulate the issue of non-payment of additional compensation to servicemen for committing administrative offenses. This made it necessary to refer to other normative legal acts and decisions.
Decision of the Minister of Defense No. 248/1298
The issue of payment of additional compensation to military personnel was settled by the decision of the Minister of Defense of March 25, 2022 No. 248/1298.According to paragraph 10 of this decision, servicemen who have committed actions (inaction) that have signs of an administrative or criminal offense are not included in orders to pay additional compensation for the month in which such an offense was committed. You may be interested in the following articles: lawyer's consultation , lawyer consultation, document analysis, legal analysis of the situation, written consultation, document review by a lawyer, lawyers documents, lawyer help online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online.
Position of KAS VS
The Supreme Administrative Court emphasized that the legal status of military personnel is determined by normative legal acts that regulate their rights and obligations related to military service, as well as establish legal guarantees and mechanisms for protecting legal status.
Conclusions of the court
The Supreme Court came to the conclusion that the financial support of military personnel provided for by Resolution No. 168 is related to the performance of military service duties. Accordingly, non-payment of additional remuneration as a component of monetary support should be related to the performance or non-performance of military service duties by military personnel, and not to actions outside the scope of its performance.
Administrative offenses and additional remuneration
Thus, Clause 10 of the decision of the Minister of Defense of March 25, 2022 No. 248/1298, which provides for the exclusion of orders for the payment of additional compensation to servicemen in the event of their committing administrative or criminal offenses, should be considered in the context of military service.
Conclusion
The Court of Appeals of the Supreme Court established that a serviceman may be deprived of additional remuneration in the event of an administrative offense committed by him, if this offense is related to the performance of his military service duties. Administrative offenses, such as domestic violence, for which liability is established by Art. 173-2 of the Code of Administrative Offenses, is not a reason for non-payment of additional remuneration on general grounds.
