SELECTED ASPECTS OF LEGAL REGULATION OF MONETARY PAYMENTS AND CREDIT BENEFITS FOR MILITARY PERSONNEL

Abstract

The scientific article investigates specific practical problems regarding the social protection of military personnel of Ukraine under martial law. The relevance of the topic is driven by the increasing role of social guarantees in ensuring the combat readiness and moral-psychological resilience of the Armed Forces of Ukraine during a full-scale war. It has been established that, despite the existing legal framework, the social protection system is characterized by fragmentation, inconsistency of legal norms, and a lack of mechanisms for the practical implementation of certain legislative provisions. The current state of legislation in the field of social protection is analyzed, and significant shortcomings leading to the declarative nature of certain legal norms are identified. Practical aspects of realizing three specific social guarantees are investigated: the payment of one-time monetary assistance upon concluding the first contract; the provision of credit benefits (cancellation of interest, penalties, and fines); as well as the calculation of payments to military personnel remaining at the disposal of a commander for a period exceeding two months. In this context, particular attention is devoted to the issue of the diminished social protection of military personnel who sustained injuries (wounds, concussions, maiming) while defending the Motherland, but who are deprived of adequate material support due to imperfections in the regulation of the procedure for being placed “at the disposal” of a commander. It is substantiated that subordinate legal acts create a gap in the regulatory framework regarding the grounds for continuing the payment of additional remuneration to injured military personnel when they are placed at the disposal of a commander. It is proven that the lack of harmonization of terminology across various regulatory acts creates risks of a significant reduction in the level of material support provided to military personnel. Based on the conducted analysis, proposals regarding the necessity of improving current legislation have been developed. The necessity of expanding the list of grounds for paying one-time monetary assistance upon concluding the first contract is substantiated in order to eliminate discrimination against military personnel serving until the announcement of demobilization. It is proposed to unify the mechanism for granting credit benefits for military personnel under contract and mobilized personnel by abolishing unnecessary restrictions. Furthermore, the expediency of legislatively enshrining guarantees to preserve assistance for military personnel placed at the disposal of a commander, regardless of the type of injury or disease sustained, is substantiated.