In order to clearly define social status people who serve in the army, Federal Law No. 76 on the status of military personnel was issued. It is he who determines the freedoms, rights, responsibilities and duties of the military.
What is the essence of status?
Under the status of military personnel is understood the combination of freedoms and rights that the state guarantees them. This also includes duties and responsibilities established by federal law. This article will examine information on the status of military personnel with amendments that have been made to the legislative framework. Initially, it is worth noting that citizens serving in the army have certain limitations due to their activities. This, in turn, leads to the need to create benefits, additional rights and incentives for quality motivation and compensation.
As mentioned above, if we compare the status of military personnel with the status of an ordinary citizen, then you can notice the presence of some restrictions. Persons serving in the army are required to prepare for armed defense and, if necessary, defend the Russian Federation. This, in turn, implies the unquestioning fulfillment of the tasks set, regardless of the conditions and even with a clear risk to life. Given the fact how special the responsibilities of the military segment are, they are guaranteed social guarantees and compensation.
Documents and weapons
The military receive documents that prove their identity, citizenship, as well as legal status. As for the procedure for issuing such documentation and financing activities related to this process, these nuances are determined by the Government of the Russian Federation.
The federal law on the status of military personnel also gives them the right to store, carry and use weapons in the order defined by the constitutional laws of the Russian Federation.
It should be noted that state and local authorities have the right to establish additional compensations and social guarantees for military personnel, but only within the framework of their authority.
Who can count on the status of military personnel
So, based on the current legislation, midshipmen, warrant officers, officers, and those who are cadets of professional military educational organizations, including top-level ones, can be classified as military personnel. Sailors, soldiers, foremen and sergeants also fall into this category, as well as those military personnel who serve under the contract.
Citizens, including foreign ones, acquire the status of military personnel only when they begin to do military service. At its end, they lose this status. Those who were called on military fees or to citizens who are in the mobilization reserve, the status is assigned only in cases specified by the applicable Federal law.
As for those who served during the Soviet Union, such soldiers are provided with social guarantees and compensation. This principle is true in relation to organizations of other states that were previously part of the USSR forces, but only on condition that international treaties of the Russian Federation were concluded and ratified.
Who can count on guarantees and compensation?
The benefits and privileges contained in the law on the status of military personnel are available to the following categories of citizens, including members of their families:
- Dismissed from service in the border, railway and internal troops, the armed forces of the USSR, troops and state security agencies and other military units.
- Citizens who were fired from the Armed Forces, as well as from other types of troops and military units. This category includes those dismissed from the United Armed Forces of the states that are members of the CIS.
- Additional social guarantees can be established in relation to those citizens who have been dismissed from military service or are veterans of the Great Patriotic War, as well as military operations on the territory of other states. This category of federal laws on the status of military personnel includes not only veterans of military service, but also those who performed military duties in armed conflicts, or while in a state of emergency.
- Citizens who have not reached the age of majority, but who study at professional and general educational organizations that implement additional programs and at the same time are oriented toward preparing for military service, can count on legal and social guarantees.
The rights of those in the military
Being citizens of the Russian Federation, military personnel have certain rights and freedoms. In turn, the law on the status of military personnel gives the latter special rights that are worth considering:
- citizens who are in military service have the right to carry, store and use weapons in the order that is defined by the legislation of the RF Armed Forces;
- the right to make decisions and participate in their preparation in accordance with official duties;
- to receive materials and information that are necessary for the performance of official duties;
- to receive pension coverage, taking into account the experience of military service;
- to increase financial content based on length of service and service results;
- on promotion and professional development, and in the latter case, budgetary funds can be used;
- to participate in the competition in order to fill a vacant military post;
- on material support;
- to visit subordinate military organizations for the performance of official duties.
If we touch on the topic of information that could defame the honor of a soldier, then it is worth noting that there is no normative act directly providing for the right to conduct an administrative investigation at the initiative of the victim. At the same time, the Federal Law on the status of military personnel does not exclude the possibility of filing a complaint on a command in the order established in the RF Armed Forces.
The role of material and moral incentive, indirectly ensuring the effectiveness of the military, is given to the right to financial security. The group of common rights that perform stimulating and compensating functions includes those related to state material support and leisure, benefits, incentives, promotion and protection.
The benefits of a soldier
Speaking about the status of military personnel, it is worth paying attention to the benefits to which they are entitled. They look as follows:
- Benefits in the field of culture and education. This means that there is an advantage in the restoration or admission to educational institutions and training in them. This principle is relevant in relation to sports and cultural-educational institutions.
- Housing benefits. Their essence boils down to the preservation of residential premises and the right to them. For some categories of military personnel, the right to additional housing is relevant.
- Healthcare In this case, we are talking about selling drugs at reduced prices or on their free vacation. As part of the benefits of this category, a discount on a ticket to a sanatorium can be provided.
- Benefits associated with service in remote areas or with adverse climatic conditions.The federal law on the status of military personnel implies the use of various benefits in this situation: length of service for retirement, increased salaries, etc.
- Free travel in case of appointment or transfer of service, as well as when traveling for treatment and various types of vacation.
Right to promotion
This is another privilege provided by the law on the status of military personnel. Encouragement plays the role of a sufficiently strong incentive for those who serve in the army. We are talking about a certain impact of commanders or other officials on the interests, needs, practical behavior, will and consciousness of military personnel, which leads to an improvement in the results of their activities.
There are several criteria for competent promotion. It should be:
- timely;
- reasonable (applied for specific merits);
- individual (taking into account personal achievements);
- fair (objective assessment of military merit).
findings
Obviously, the status of military personnel is due to the fact of their belonging to a special social group. Therefore, additional rights, benefits and incentives are available to this category of citizens. At the same time, being specific subjects of law, servicemen in the army have certain obligations that they must fulfill in accordance with the legislation of the Russian Federation.
