TYPES OF LUMP-SUM BENEFITS FOR MILITARY PERSONNEL DURING MARTIAL LAW

Abstract

The article provides a comprehensive analysis of the system of lump-sum monetary payments to military personnel under martial law as a component of state social guarantees and an element of military pay. It is substantiated that, during martial law, the legal regulation of such payments is marked by increased dynamism and a multi-level structure of sources, which necessitates the systematization of the grounds, conditions, and procedures for their award and disbursement. The author proposes a definition of lump-sum monetary assistance to military personnel and, by its functional nature, distinguishes the following types: (1) incentive (motivational) payments; (2) lump-sum payments of a social-security (benefit) nature; (3) social and welfare-oriented benefits; and (4) guarantee payments upon discharge from military service.

The article analyzes incentive (motivational) lump-sum payments, in particular assistance after concluding the first contract and payments under experimental projects, as well as guarantee payments granted upon discharge from military service. A separate part of the study focuses on social-security (compensatory) payments in cases of disability and in cases of partial loss of working capacity without disability status, with particular attention to the criteria for determining the amount of assistance (disability group or percentage of loss of working capacity, causal link with the performance of military duties, category of service, and time limits for establishing the relevant condition). The legal significance of re-examination (follow-up assessment) and changes in the causal link is disclosed, along with approaches to calculating additional payments taking into account amounts previously paid and the exceptions to this rule.

In addition, the article characterizes social and welfare-oriented benefits (health-improvement assistance and material assistance for addressing social and domestic needs) as annual payments within the military pay system, for which a claimant-based procedure (submission of a service report), formalization by an order, prevention of double receipt within the same calendar year, and determination of the amount based on monthly monetary allowance under departmental regulations are typical.

Keywords: military servicemember; military service; lump-sum monetary assistance; disability; loss of working capacity; health-improvement assistance; material assistance; social and domestic needs; contract; discharge.