"Combat" without being on the LBS: who is receiving illegal payments and why.

Previously, the Ukrainian military discovered unjustified combat payments in the Armed Forces of Ukraine, leading to the state losing millions of hryvnias. Such incidents continue to occur across various military units.

Combat Payments in the Armed Forces of Ukraine: How Soldiers Are Paid Illegal Funds

In June 2024, the chief of staff of a military unit in the Mykolaiv region instructed a subordinate to handle the payment allocations, who then arranged for rewards for his colleagues that are only designated for those directly participating in combat operations.

"The official failed to verify the actions of his subordinate and approved the documents for the disbursement of funds. The total amount of losses incurred by the state exceeds 4.3 million hryvnias. The chief of staff is suspected of negligence as a military official, which resulted in severe consequences, committed under martial law (Part 4 of Article 425 of the Criminal Code of Ukraine)," — stated in a report by the State Bureau of Investigation (SBI).

Additionally, the SBI reported suspicions against a former commander of one of the territorial defense brigades and three of his subordinates, who aided the commander's wife in receiving over 922 thousand hryvnias in additional rewards. At the end of July 2023, the official arranged for his wife to join his brigade as a shooter so she could receive increased payments. To supposedly comply with the law, they even got divorced while still being related.

"Later, the brigade commander involved two subordinates — commanders of the units under his command — in the scheme. They created false documents regarding the alleged participation of the woman in combat operations at the front line. Thus, from July 2023 to April 2024, she illegally received over 922 thousand hryvnias in additional rewards," — explained the SBI.

During this time, the woman served alongside her husband and was engaged in horse breeding on a special farm. Moreover, she even spent two weeks in Poland after leaving the military unit without permission.

"We provided the materials to law enforcement agencies because they have the authority to investigate the facts of embezzlement within the framework of criminal proceedings," — said Yulia Yatsyk.

She noted that this primarily concerns the allocation and issuance of certificates of stay in combat zones for combat payments in the Armed Forces of Ukraine by brigade commanders, combat leaders, or company commanders. Commanders often take part in the scheme and provide certificates for a specific reward.

"Now, the unit commander can expel and deny entry to inspectors — SBI agents, investigators, or anyone else. Essentially, this is a black hole. All military units, the Ministry of Defense — it's a black hole. They do whatever they want," — explained the lawyer.

He described how illegal combat payments in the Armed Forces of Ukraine might occur. Specifically, orders are issued in the army directing certain individuals to go to the combat line. These orders should be recorded in the combat logs; however, they can be rewritten or forged.

"There is a combat order under which the combat log states that certain individuals allegedly left, then they returned, and then a payment order follows. And then, for instance, a shell or fire occurs, and everything burns down in the headquarters; everyone is happy, and there is no material evidence," — noted Leontiev.

The State Was Robbed: Can the Funds Be Recovered?

According to the member of parliament, funds from illegal combat payments in the Armed Forces of Ukraine can be recovered for the state within the framework of criminal proceedings. Additionally, money can be returned if an individual files a statement about erroneous disbursement.

"I know of one case in a brigade where the commander initiated an internal audit, discovered such facts, and compelled the servicemen to write the corresponding statements," — said Yulia Yatsyk.

She pointed out that the inter-factional deputy group continues the work previously done by the temporary investigative commission. Currently, issues are being resolved regarding the 155th brigade and salary allocations in the 153rd brigade. The frontline has shifted, and where there used to be a second line of defense, it is now effectively the first. However, soldiers receive a monetary reward of only 30 thousand hryvnias, akin to that of the second echelon.

"Thus, due to the negligence of military commanders, we essentially have a situation where soldiers are not receiving their rightful funds. Therefore, there is also a downside to this situation," — concluded Yatsyk.

Leontiev noted that funds from illegal combat payments in the Armed Forces of Ukraine can be recovered if an investigation is conducted, a criminal case is registered, suspicions are presented, and an indictment is prepared and submitted to the court. The court must consider the case, and after all appeals, the verdict takes effect. Additionally, a claim for the recovery of damages is filed simultaneously.

However, the lawyer emphasized that Ukraine has a very lengthy and cumbersome judicial and law enforcement system. Moreover, he is unaware of any new cases since 2012 where illegally disbursed funds were successfully returned in this manner.

In December, member of parliament from the "Batkivshchyna" faction Mykhailo Tsymbaliuk reported that there is no planned indexation of military salaries in the draft state budget for 2025. Despite this, the amount of payments can be adjusted taking into account inflation and rising prices.