In the Russian Federation, the special status of people in military service is fixed at the legislative level. This is due to the specifics of the activity in which they are engaged. Defenders of the fatherland often risk their health and even life on duty, lead a nomadic lifestyle, moving from one place to another, and can be sent to war zones. Due to the danger of their activities and other uncomfortable conditions that they often fall into, they are given additional protection by the state. The rights of military personnel are a list of the standard set of competences of employees of any other sphere supplemented by separate provisions. There are specific duties of this category of citizens. In the Russian Federation, the rights and obligations of military personnel are fixed in a separate federal law - “On military status. ”
Legal status
The position of certain categories of citizens is usually made up of three criteria. These include rights and freedom of people as well as their duties and, finally, responsibility. With regard to the status of military personnel, some scientists also include prohibitions and restrictions specific to this group of people. The first are a list of actions enshrined in legal norms that are incompatible with the execution of citizens military duties.
The purpose of their establishment is to prevent corruption, other abuses of a special official position, as well as high-quality and dignified performance by employees of their duties in such an important area of state activity as defense and security. Violation of prohibitions, as a rule, entails legal liability. In some cases, this entails the termination of military service relations. Restrictions, in turn, are circumstances established by law that prevent citizens from engaging in activities in this area. In the presence or occurrence of these signs, citizens cannot enter the military service or are subject to dismissal. Thus, the legal status of this category of people, in comparison with other employees, is expanded.
Constitutional rights of military personnel
It should not be forgotten that, despite its special status, this group of citizens has not only powers due to the specifics of their activities. The military personnel, along with the rest of the people, use general civil measures, enshrined in the Constitution, of possible behavior. The rights fixed in the Basic Law of the state can be classified into personal, political, social, cultural, economic and legal. However, the high status of constitutional provisions cannot mean that they cannot be limited in the interests of military service. For example, this category of citizens cannot engage in certain paid activities, although the right to work is enshrined in Art. 37 of the Constitution.
Special powers
Now back to the provisions inherent only to military personnel. All these rights are conditionally divided into general and official. The first are endowed with all military personnel, without exception. The latter have citizens in connection with their posts. The general rights of servicemen, as is known, are fixed in federal laws, as well as in the charters of the RF Armed Forces. Officials, in turn, are contained in instructions, instructions, and regulations.In addition, the rights of military personnel vary by contract and by conscription. This is because these two groups of people serve for different reasons. In particular, their monetary allowances differ.
General rights of military personnel
So how does the status of this category of citizens differ from other people? At the legislative level, it is enshrined that a soldier has the right to store, carry, as well as use weapons. For other citizens, this is a ban. In addition, the leave of servicemen lasts longer than that of other citizens. The size varies from 30 to 45 days, depending on the length of service. In turn, the Labor Code of the Russian Federation establishes a general rule on 28-day leave. In addition, special payments are made to military personnel. Additional monetary incentives can be established for classroom qualifications, for performing functions and tasks that are inextricably linked to risks to life or health, for special working conditions, and also for working with information that constitutes a state secret. In connection with possible frequent movements, housing is provided to servicemen within three months from the day they arrive in new lands.
Material support
The law provides for the organization of food in military units, the issuance of food rations, as well as the provision of funds for food while traveling or on business trips. In addition, federal laws detail the monetary allowance of servicemen, which, by the way, is the main means of providing them financially, as well as stimulating the conscientious and responsible performance of their duties. Cash allowance includes salary by rank and position, as well as additional payments. Such a calculation rule applies to contracted military personnel. Conscripts and reservists, in turn, receive a monetary allowance, consisting of salary only for the position and additional payments.
Life after retirement
The state takes care of its defenders even after the cessation of defensive activities. Military pension established either for length of service, or upon reaching the age limit for tenure. First, consider the procedure for obtaining the first type of collateral. In order to have the right to receive a pension for seniority, a soldier must spend 20 years in the aggregate devote to the defense of the state. In this case, the former defender will receive 50 percent of the average weighted salary every month, while for each irregular year he will be added another 3 percent.
However, there is a limit - a maximum of 85 percent. If a citizen has reached the age limit for military service and at the same time has work experience in another field, then the amount of payments for him is calculated differently. The monthly amount of payments to him will be 50 percent, and for each irregular year only 1 percent will be added. The age limit for service should also be indicated. So, the pension for military personnel is paid to ordinary personnel upon reaching 50 years, to captains after 55, to the average general - from 60, and to those with the highest ranks - only from 65 years. The exception is women. They have the right to rest from 45 years.
Termination of activity
Not all advocates want to connect their whole lives with this field of activity. The dismissal of military personnel who have not yet received the right to receive a pension for long service, the law allows only with their consent. The state also takes care of this category of citizens. The legislation provides for social protection for servicemen dismissed after completing conscription service. So, for them, within three months from the day they leave, they retain the right to enter the organizations where they previously worked, at positions no lower than the former. In addition, military service to such citizens is counted in continuous service.Another measure of protection is financial assistance for acquiring an economy.
Special rights and obligations of military personnel
In extreme circumstances, the defenders of the homeland perform tasks unusual for them in peacetime. For example, when doing combat duty or serving in a border guard, the military has the right to use weapons or present mandatory requirements to other persons. Such measures of possible and proper behavior, as a rule, are temporary and are acquired only for the performance of a specific task. They are fixed in special normative acts, for example, in the Federal Law "On the State Border of the Russian Federation."
Additional help
Housing subsidies for military personnel are provided for by law. The procedure for their calculations is the responsibility of the Russian government. This assistance is seen as social protection for military personnel. There are a number of reasons for which this subsidy can be obtained. First, a soldier must be recognized as needing housing. When serving, he should have been provided with office space. Secondly, a necessary condition is military experience. As a general rule, the duration of service should be at least 20 years. Upon dismissal due to reaching the age limit, this figure is slightly less - 10 years. The same minimum is set for those who were forced to interrupt their service due to loss of health or due to regular activities. Instead of a military subsidy, housing may be provided to him.
Duties
The legislator provides not only the rights of military personnel. Chapter 3 of the Federal Law “On the status of military personnel” also sets out their duties. Their list includes fidelity to the military oath, selfless service to the people of Russia, as well as courageous and skillful defense of the homeland. In addition, defenders of the fatherland must comply with the requirements of the Constitution of the Russian Federation, laws, charters, as well as the orders of commanders. Military personnel must constantly improve their skills, be vigilant and responsible, disciplined. Another requirement is respect for military honor and military glory. In addition to these general duties, defenders must fulfill job and special requirements. For violation of the requirements of Chapter 3 of the Federal Law "On the status of military personnel" this category of citizens is liable, up to and including dismissal.
