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How to make the armed forces pay the relocation aid (sample application)

Author: Olena Orlova / Legal Development Network

 

The lawyer of the Kherson office of the Network for Legal Development has helped ATO participants receive financial support that they are entitled to by law. The lawyer says that such cases are widespread among the military, so she prepared a sample report (application) to submit to the Department of Finance of the Ministry of Defense of Ukraine.

Two servicemen, participants of the ATO turned to the office at IRC “Legal Space” with the question: is it lawful that their military unit does not pay us the relocation aid?

The lawyer of the office, Sergiy Plakhotnyuk, prepared a motivated report* on the relocation aid payment, which was later sent by the servicemen to the commander of their military unit.

  • Our consultant emphasized that non-payment of relocation aid is one of the most frequently asked questions, with which the servicemen turn to the office and the telephone hotline.

Also he explained the algorithm of his actions: first he prepared and sent a statement to the Department of Finance of the Ministry of Defense. There they studied the document and sent it to the military unit having added additional explanations, where they read the letters and agreed that they were wrong.

Soon the servicemen received the payments they were entitled to in the amount of their monthly salary. The defenders were completely satisfied with the result, they thanked the organization and the lawyer himself.

 

*Sample report (application):

Instruction on the procedure for paying the relocation aid to the servicemen of the Armed Forces of Ukraine, approved by the Order of the Ministry of Defense of Ukraine dated 22.10.2001. № 370, registered in the Ministry of Justice of Ukraine on November 8, 2001. number 940/6131, the procedure for paying servicemen for relocation allowance is determined as follows.

According to this instruction, the servicemen of the ranked personnel who are currently in contract military service and have moved to a new place of service from one place of residence to another due to the appointment or replacement of the permanent deployment of a military unit to a different permanent location (established by the respective commanders within the limits of the rights granted to them) with the change of place of residence, a relocation aid (allowance) is paid in the amount of monthly monetary provision.

During a special period and during the ATO, contract servicemen, who have moved to a new place of service from one settlement to another in connection with the appointment to positions in military units that were formed during this period (which don’t have fixed deployment place), with the change of place of residence (from the point of previous residence to the point of temporary deployment of the military unit), the relocation aid (allowance) is paid once, regardless of the subsequent change of the temporary deployment place.

In accordance with article 3.1 and 3.7 of this Instruction, relocation aid is also paid to the citizens of Ukraine who have been admitted to military service as contract servicemen and servicemen sent for military service from the point of permanent deployment of a military unit where they belong or from one unit to another unit of the same military unit that is stationed in other settlements.

Also, according to points 4.1 and 4.2 of this Instruction, the relocation aid is paid to the contract servicemen, who have moved in connection with their appointment, at the new place of service – on the basis of the order of appointment and order of the military unit commander when the serviceman reports on duty at the new position. Those who have moved in connection with the change of the permanent deployment of a military unit are paid on the basis of the commander’s order on arrival to the deployment position.

In addition, according to article 2.10 of the military contract signed with me, the Ministry of Defence of Ukraine has undertaken the responsibility to pay me the relocation aid, as well as to every member of my family, in case they are moving with me to a new place of military service.

In connection with the above-mentioned, on the basis of paragraph 3.1 of the Instruction on the procedure for paying servicemen of the Armed Forces of Ukraine the relocation aid, approved by the Order of the Ministry of Defense of Ukraine dated 22.10.2001. № 370, registered in the Ministry of Justice of Ukraine on November 8, 2001. under No. 940/6131, I ask you to pay me the relocation aid  in the amount of monthly monetary support.

Link to the reply: https://drive.google.com/open?id=0B_B1Dq5Nv8OiV0pHNkFIeUdLdEtycXlXUTg1U3FXenhTZ0hJ

P.S. The center of free primary legal aid was created by the Kherson office of the Legal Development Network at IRC “Legal space” with the support of the Kherson City Council and the International Renaissance Foundation as a part of the “Energy of Change” project

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