How and in what order is the dismissal of a soldier from military service, what is the essence of this procedure and what benefits from the state can retirees and storekeepers expect? These are the most pressing issues that concern many officers and military pensioners. This article contains information on the grounds on which dismissal from military service is carried out, how the procedure proceeds and what rights and guarantees established by law are provided for former military personnel.
General legislative provisions on the resignation of Russian military personnel
Dismissal from military service occurs in accordance with the rules specified in the Charter of the military and federal law.
According to the regulations, military officers belonging to the highest command staff cease their service in the army on the basis of regulations signed by the President of Russia.
Colonels or captains of the first rank receive dismissal from military service according to the procedure contained in federal regulations. Officers can leave the Armed Forces of Russia at any age.
Options for ending military service
Persons can leave the service in the Armed Forces of the Russian Federation using three options:
- Dismissal from military service in stock. It is carried out automatically on the basis of data obtained after a citizen undergoes a military medical commission (IHC). Dismissal from military service to the reserve can be obtained by persons who are recognized to be of limited service ability and until they reach the maximum age limit.
- Retirement. Also occurs after the IHC is completed. The term "resignation" applies to citizens who, due to health reasons, are no longer unsuitable for service.
- Dismissal from military service in connection with a conviction under a criminal article. In this case, an automatic termination of service in the army occurs, with the subsequent entry of relevant information on the military ID.
Personal motive
Dismissal from military service can also be made for personal reasons of citizens. In such cases, military personnel are required to notify their commander by submitting a report with strong evidence confirming the need for a decision to leave the service. The commander may reject applications for early dismissal without explanation.
The right to leave the army under the laws of the Russian Federation
The legislation of the Russian Federation spells out several more points that every soldier should know. According to article 51 of the Law on Military Service, it is possible to leave the Russian Armed Forces if:
- The officer has an age limit for the army.
- The term of service on the draft or contract has ended.
- If the officer has terminated Russian citizenship or is considered a citizen of another country.
- A citizen has been expelled from an educational organization located in the department of the Armed Forces of the Russian Federation.
- The officer is elected to the State Duma or regional parliament.
- A soldier has lost his military rank and right of access to military secrets. Occurs in cases where a soldier violates confidentiality and no longer enjoys the confidence of his command.
- In case of suspension for a certain period of activity of the army.
Termination of the service of “contractors”
Citizens serving in the Armed Forces of Russia under a contract may be dismissed in the following cases:
- The military does not fulfill the conditions specified in the contract.
- If the imprisonment of a citizen for committing an unintentional crime has entered into force.
- A chemical toxicological examination has not been completed.
- If a soldier uses illegal substances without the permission of a doctor.
- A soldier has committed an administrative or disciplinary offense. For early dismissal, two different misconducts are enough.
How does a “contractor” leave the army ahead of schedule?
The Russian "contractor" has the right to leave the armed forces ahead of schedule. He can initiate such a dismissal in the following cases:
- A citizen began to serve in the Ministry of the Interior, the National Guard, the fire service or in another power structure.
- Upon transition to the "citizen".
- Due to violations of the conditions specified in the contract regarding the serviceman: the absence of payments and bonuses promised to him under the contract. Dismissal is carried out only after the servicemen submit their report to the leadership, which sets out the problem. If the current situation cannot be corrected, then in this case the contractor initiates dismissal.
- In connection with the arising family circumstances that impede his further service in the army. If the soldier has a minor child and the second parent refuses to care for him. It can also include the illness of a close relative in need of care, or the death of a loved one.
- Dismissal from military service due to health reasons: presence of vision problems, cardiovascular system, diseases - cancer or AIDS, mental disorders.
- Election to the State Duma of the Russian Federation, parliament or municipality.
The order of dismissal from military service
Mostly, the army leaves the army after the contract has expired, i.e. the validity of the signed labor contract. Dismissal is accompanied by a corresponding entry in the personal labor book of the serviceman with the specified date and order number. It also indicates on what basis the employment contract is terminated.
To leave the Armed Forces, a soldier needs:
- Submit a dismissal report. Unlike other citizens who submit this document two weeks (14 days) before the date of their dismissal, the army needs to do this a month in advance. The content of the report is the same as the application for dismissal from civilians. The difference lies in the fact that for dismissal from the army it is impossible to do without documents confirming the good reasons for making such a decision. The report is considered by a special commission, taking into account all the circumstances set forth by the military personnel. According to Russian law, a decision is made after 14 days after receiving the application. According to the reviews of former military personnel, this happens much faster - in 8-9 days.
- Finalize up to a certain date of your official dismissal. The date is indicated in the report. On this day, the employee is issued all his documents.
What to do if fired illegally?
It often happens that a soldier does not agree with the reasons on the basis of which he was dismissed from the army, or is not satisfied with the procedure for conducting the procedure itself. In this case, he has the right to appeal this decision of his command. He can seize the opportunity to appeal the dismissal order within three months. Military courts are involved in such claims. According to the rules enshrined in the "Status of military personnel", the following situations can be considered lawsuit:
- A contract officer without his consent is fired before service.
- An officer with a length of service of more than ten years and has no living space.
For servicemen who do not have their own housing, the command is obliged to provide temporary housing for the duration of the pre-trial proceedings, even if it does not intend to reinstate it in the future.Very often, military courts make compromise decisions: they oblige the command to provide housing for the dismissed without restoration in the Armed Forces.
The military command has no right to exclude pregnant women from the personnel. Such actions are a gross violation of the law, which can be challenged in the garrison court of first instance or the military court at the place of residence of the dismissed. The plaintiff has the right to demand his restoration to his former position, as well as the payment of compensation for non-pecuniary damage.
The trial lasts ten days. The meeting must be attended by the plaintiff-applicant (dismissed soldier) and the defendant (representative of the army command). If a court decision has been made in favor of the applicant, the latter has the right to initiate a reimbursement of all costs (state duty and lawyer's services). In this case, the defendant is obliged to return the dismissed person back to military service and reinstate in his former position.
Payouts
Upon dismissal from military service, according to the legislation of Russia, lump sums are provided for officers. Compensation for military personnel, compared with civilian benefits, is much larger.
The size of payments is affected by the category of a soldier, the place of his service, the basis on which he was dismissed from the army. When accruing, the rank and average monthly salary are taken into account. After leaving the military service, a person has the right to receive benefits. The size is calculated in salaries. If the army has been given over twenty years of service, then the size of the allowance is seven salaries. Thus, for each soldier, a lump sum allowance is provided:
- Five salaries. Officers who have served in the army for ten years are entitled to it.
- Ten salaries are payable to a soldier if his life is from 10 to 15 years.
- 15 salaries if the officer has served at least 15 years.
- 20 salaries - if the duration of service in the aircraft exceeds 20 years.
When calculating one-time benefits, restrictions apply.
When should you not count on benefits?
Payment of lump sums is not provided in the following cases:
- The officer is demoted.
- A soldier is convicted and is serving a sentence.
- Dismissed from educational institutions. The reason for this may be poor performance, reluctance to undergo training and lack of discipline.
- A transition has been made for further service in the Ministry of Internal Affairs, a fire or other power structure.
- A serviceman has a conditional conviction.
Additional benefits
Dismissal from military service for health gives an employee of the Armed Forces the right to additional insurance assistance. The specialized commission determines how much this payment will be made. According to the military, in each case, the following issues are considered:
- Will a citizen continue his service in the army?
- If he is deemed unfit, to what extent (partially or completely)?
In the event that a soldier is an orphan or has been submitted to state awards, he can count on increased financial assistance. Disciplinary action may result in a reduction or total cancellation of benefits.
State Guaranteed Privileges
For those officers who, for certain reasons, received dismissal from military service, being in the reserve gives them the right to a number of privileges:
- The state provides an allowance for retirement benefits.
- Assists in resolving housing issues.
- Upon receipt of education.
- Compensates for land and property taxes.
- Provides benefits in medical facilities.
- Reserve officers are entitled to reduced fare on public transport.
- The state provides their employment.
Benefits for combatants
The officers who are transferred to the reserve, for whom the status of a participant in hostilities is assigned, the Russian government provides the following benefits:
- The state compensates 50% of the cost of paying for housing. Under this state program, officers living in Moscow will be reimbursed by 50% of the cost of housing and communal services. Military from other cities can find out about the list of benefits in the housing department at the place of residence.
- Provides emergency medical care.
- The ability to arrange a vacation at a convenient time for the officer in stock.
- A soldier may, at the expense of his employer, enter training courses in vocational training. This gives the former military the opportunity to acquire a civilian specialty without spending money on training.
- The reserve officer has the right to enter schools beyond the competition and to receive special scholarships guaranteed by the Government of the Russian Federation.
Conclusion
Protecting your homeland is an honorable occupation for men. At the same time, service in the Armed Forces is also work, during which admission the established rules and legislative norms are used. They act upon dismissal. This labor activity is replete with nuances, which every soldier needs to understand.