Lift, per diem, housing compensation: what the new draft law provides for the military
27 May 18:16
ANALYSIS FROM 
The Verkhovna Rada has registered a draft law aimed at guaranteeing social protection for all categories of military personnel without exception to increase their motivation. The MPs propose to amend the Law of Ukraine “On Amendments to the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families” regarding the payment of remuneration for the peculiarities of service during martial law and the provision of guarantees to servicemen called up for military service under mobilization on an equal footing with servicemen of other types of military service.
What changes are proposed, "Komersant Ukrainian" found out.
Compensation for all without exception
Since the beginning of Russia’s full-scale invasion of Ukraine on February 24, 2022, a category of servicemen has emerged who do not fall under the provisions of the Law of Ukraine, as they are mobilized. At the same time, mobilized servicemen perform the same duties and bear the same responsibilities as contract servicemen, as well as career military personnel and conscripted officers.
According to the authors of the amendments to the law, contract servicemen who are transferred to a new place of service in another locality receive a relocation allowance (50% of the monthly salary for each family member who moves with the military) and per diem (set by the Cabinet of Ministers). Mobilized servicemen, on the other hand, do not receive such payments when they are transferred to another place of service.
In view of the above, it is necessary to eliminate the discriminatory provision of the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families“, according to which mobilized servicemen are not entitled to a relocation allowance and per diem when moving to a new place of service in another locality. It is proposed to amend paragraph 3 of Article 9-1 of this Law and add mobilized servicemen to the list of servicemen who are entitled to such assistance,” explains the author of the draft law, Oleksiy Honcharenko.
In addition, according to the current legislation, mobilized servicemen are accommodated in barracks (on ships) during martial law in accordance with the Internal Service Statute of the Armed Forces of Ukraine. However, this does not provide for the possibility of paying compensation for renting housing in the absence of an official one. In fact, servicemen are forced to rent housing at their own expense.
Additional motivation – 10 thousand hryvnias
In addition, starting from February 1, 2023, the amount of payments to the Armed Forces of Ukraine directly depends on the area of the military’s location, complexity and specificity of the tasks performed. As reported by the Ministry of Defense, the amount of remuneration for those directly involved in hostilities has not changed. However, the additional payment was canceled for rear units and soldiers outside the combat zone.
In order to increase motivation to serve in wartime, it is proposed to establish a monthly remuneration of UAH 10,000 for the period of martial law for the peculiarities of service in accordance with the conditions and procedure established by the Cabinet of Ministers. This will help to strengthen the social protection of military personnel compared to police officers and civil defense workers, as well as increase their motivation to serve.
In general, the project provides for
- granting mobilized soldiers the right to relocation allowances and per diems
- payment of compensation for rental housing in the absence of an official;
- fixing a monthly remuneration of UAH 30 thousand for service during martial law;
- introduction of an additional monthly incentive payment of UAH 10 thousand.
Most importantly, the implementation of the draft law does not require additional funds from the state or local budgets. Funding will be provided within the limits of the already envisaged expenditures for the Armed Forces and other military formations, the authors note. Although currently, the budget of the Ministry of Defense is UAH 480 billion, and the Ministry of Education is UAH 380 billion.
Is justice impossible to achieve?
On the one hand, such payments look like a “handout,” but on the other hand, they are a necessary solution. After all, mobilized soldiers often do not live in barracks (they are prohibited from doing so for security reasons). They are forced to rent housing, which the state does not compensate for, says military lawyer Oleg Leontiev.
“But there will still be no social justice here, no matter how you slice it. Someone will get it, and someone will not. After all, they want to compensate those who are in the rear, not at the front. It turns out that the home front is safe, and they still get paid for rent. If they do give it, it should be to everyone, both those in the rear and those on the front line, no matter what they spend the money on. It’s like with free transportation: villagers don’t have the right, but city dwellers do,” says the lawyer.
He adds: first of all, it is necessary to put things in order in the army itself, because some are fighting at the front, while others are “staying in the rear.” This is demotivating, and no one is fighting it. The real motivation will come when there is justice – when the sons of officials serve alongside them.
Out of the 6 million mobilization resources, 1.5 million have been booked. Among them are artists of Kvartal 95, police and others. But the reservation should not be permanent. It is these reservists who should replace those currently at war,” Leontiev summarizes.
Author – Alla Dunina
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