Dismissal from military service under a contract. "On Military Duty and Military Service" No. 53-FZ, Article 51

The international situation that developed at the end of the XX and beginning of the XXI, put Russia before such an important task as ensuring high security with possible external aggression. However, with the arrangement and concept of military forces that remained after the collapse of the USSR, this was impossible to achieve. The country needed, albeit a small, professional army, as well as well-trained soldiers, capable of defending their homeland at any time. The conversations lasted a long time, and finally, in 2000, the legal basis for the service of contracted soldiers was formulated, which stipulated the requirements for candidates, the conditions for admission and dismissal.

Background

Against the background of the Chechen war, where thousands of young inexperienced recruits died, it became obvious that the usual model of the army’s structure does not justify itself. The formation of the new armed forces did not begin immediately, there was not enough funding, and the male population of Russia was reluctant to agree to contract service. Due to the reduction of the term of conscript service to a year, as well as the large-scale infusion of serious funds from the budget into the army, it was possible to increase the salaries of professional military personnel several times and increase the prestige of the country's armed forces.

Today, the ratio of conscripts and contractors is almost the same, and there is a tendency that soon it will be possible to refuse the annual draft altogether. The legal regulation of everything related to the military service of Russian citizens and citizens of other countries is spelled out in the Federal Law "On Military Duty and Military Service". It takes into account all the issues of legal regulation of military functions and accounting, training of new recruits, as well as spelling out the rules for the reception and dismissal of contract employees.

The status of a military commits to compliance with strict rules of conduct, as well as all the powers assigned to a soldier or officer. In case of non-compliance with any of the criteria specified in the duties, the employee may be suspended from service or sent to the reserve. All the conditions under which a dismissal from military service under a contract occurs, as well as the obligations of the parties are prescribed in the Federal Law No. 53 of 1998.

general information

In the Russian professional army, all questions about the appointment and resignation of senior officials are carried out according to the instructions of the President of the Russian Federation in the manner prescribed by law. Dismissal from military service under a contract, with the exception of those employees who were expelled from military higher and vocational schools, occurs as follows:

1. Dismissal to the reserve, except for those who have reached the maximum age of service, or who are unable for health reasons to remain in the army.
2. An exception with military registration is mandatory for everyone except:

• women without military registration qualifications (expelled from military educational organizations);
• those who went abroad for permanent residence;
• persons dismissed;
• citizens of other countries;
• persons who were sentenced to real terms of imprisonment.

Registration with the army obliges a citizen to carry out a number of actions prescribed by law, including arriving at the first call to the military registration and enlistment office, notifying him of a change of residence, work or marital status, and also trying to keep his military ID.

The grounds for dismissal from military service under the contract are prescribed in Article 51 of the Federal Law No. 53 of March 28, 1998, all the reasons for which the citizen will be denied the service are stipulated here. And also all social guarantees and payments stipulated by law are stipulated. The final expulsion is considered when the soldier is excluded from the list of personnel.

The main reasons for dismissal

Today, contract service is a pretty prestigious job. Stable earnings, social guarantees, housing benefits and social status - all this attracts many young people to the ranks of the professional army. But the conditions of service have been tightened, the military rank obliges to strictly observe all the prescribed standards. It is worth noting that dismissal from military service under a contract is not such a frequent occurrence. Typically, a career in the army ends for legitimate reasons: retirement, injuries, poor health, etc. But there are examples of malicious violations when the employee is to blame for leaving.

Federal Law No. 53 stipulates all possible reasons for dismissal from military service under a contract:

1. Upon reaching the maximum age of service, in this case, the person is sent to the reserve.
2. For health reasons: in this case, the conclusion that a person cannot continue to serve further is given only by a special commission of military doctors.
3. The end of the contract is also a condition for dismissal if a new agreement has not been drawn up for some reason.
4. In a situation where a soldier is elected as a deputy of the State Duma, the legislative body of one of the constituent entities of the Russian Federation, he must refuse to serve and leave the structure.

Other legal conditions for termination of the contract will be discussed in more detail below.

Dismissal in case of non-compliance with the contract

Documents that a person signs upon joining the army are a guarantee of compliance with the rights of both parties. So a serviceman, like the state, has every right to terminate the contract if the employer does not fully fulfill his duties towards the employee. But usually the opposite happens: it is human actions that become the reason for the dismissal from military service for non-compliance with the contract.

A person who has come to work in a professional army must comply with three main points of the rules of service:

1. Carefully fulfill all the obligations prescribed in the contract.
2. Serve during the time specified by the contract.
3. Reimburse funds spent on military training and employee training.

The employee is obliged to fulfill his legal duties in two main forms: to refrain from unlawful acts, and also to perform all the basic actions prescribed in the contract.

Non-compliance with the rules of service is the reason for applying to the military one of the forms of disciplinary sanction - dismissal from military service under a contract due to non-compliance. Lawyers determine that the basis for such a measure can only be serious wrongful acts, while minor violations can be challenged. For example, the systematic neglect of the internal rules of the unit, the receipt of disciplinary sanctions in the presence of outstanding and more.

Dismissal by management decision

Paragraph “d” of Part 1 53 of the Federal Law 51 provides for the resignation of military personnel in connection with the complete loss of confidence in the higher authorities. This concept provides for the following cases:

1. If a soldier has not taken any measures to prevent or resolve a conflict in which he himself has not taken part.
2. Failure to provide or provide incorrect information about income, expenses and other property owned.
3. 3.Dismissal from military service under a contract is possible and provided that the soldier conducts commercial and other entrepreneurial activities not provided for by law.
4. Provided that the serviceman is a member of the governing bodies, supervisory and trusteeship councils and other organizations with foreign funding.
5. If employees or their relatives have unregistered or unidentified accounts with foreign banks.
6. In the event of a conflict of interest between the subordinate and the leader.
7. Subject to the deprivation of military rank.
8. In connection with the exclusion from educational military institutions.
9. You can also terminate the contract upon renunciation of citizenship of the Russian Federation or upon obtaining citizenship of a foreign state.

Pre-term dismissal from military service under a contract is permissible in the event that a soldier is charged with a crime, including for those providing for probation. According to the legislation, those who are in the service, in reserve or in retirement, but only after a court decision and for very serious crimes, can lose their military rank.

Other reasons

The early dismissal from military service under a contract is possible for the following reasons:

1. In connection with internal organizational and staffing events.
2. When a soldier moves to other state bodies: the national guard, the Ministry of Emergencies, the Federal Penitentiary Service, and customs.
3. In case of failure to provide access to state secret.
4. For a crime involving remand in custody committed through negligence.
5. In case the student did not pass the prescribed tests.
6. In violation of the prohibitions and restrictions provided for in paragraph 7 of Art. 10 and 27.1 of the Federal Law of 1998 "On the status of military personnel".
7. It is also possible dismissal from military service after the expiration of the contract, provided that the new contract has not been concluded.
8. In connection with the transition to civilian civil service.
9. The reason for dismissal may be a refusal of a soldier to take tests for the presence of narcotic and other psychotropic substances in the blood in the prescribed manner.

The greatest questions arise regarding paragraph "c" of Part 2 of Art. 51 53-ФЗ of "Military Duty and Military Service" dated 05/27/1998, which states that the reason for dismissal may be the failure to fulfill the terms of the contract. Such a general definition does not provide an exact explanation of the extent to which the charter must be violated in order for an employee to be fired. And each decision is made individually, by the leadership of a particular military facility.

Voluntary dismissal

Prior to the adoption of the Federal Law “On the Status of Serviceman," servicemen could easily leave the army for personal reasons. Today, people working in a professional army are entitled to dismissal from military service under a contract of their own free will only when they have provided exhaustive evidence of the impossibility of extending the contract.

The list of these reasons is unlimited, it usually includes those reasons that were not included in paragraph 51 of FZ-53. Family circumstances, the impossibility of material support for loved ones due to low salaries, the presence of young children under guardianship, and also the pregnancy of a military soldier are indicated here.

There is a procedure for dismissal from military service under a contract of their own free will:

1. The employee must write a report indicating good reasons for resignation and provide it to management.
2. The unit commander must also draw up a report on his subordinate and other necessary documentation.
3. At a meeting of the special military commission, which considers all materials, the employee himself speaks, he explains to the members of the commission his reason.
4. The commission makes a decision on whether the reasons are valid or not, all results are recorded in the minutes of the meeting.
5. The final decision on dismissal is made by the commander of the military unit, and he must sign the report.

In this case, the soldier receives the right to resign from the army, and is also exempted from the penalty for early termination of the contract.

How is the dismissal

The terms of dismissal from military service under the contract depend on the time of submission of the report and the speed of decision-making by the management of the unit. The legislation does not explicitly spell out how long the report of a retiring soldier should be considered. However, by default a reasonable time frame is implied. According to the special charter of the Russian Federation, any appeal should be considered no more than 30 days from the date of filing and registration. Delays may be associated with additional performance checks and clarification of information about the military.

All materials are considered by the certification committee, usually the decision is made from 7 to 15 days. In order to speed up the passage of materials to all authorities, it is necessary to actively participate in the whole process. In addition to the report written in your own hand, you will need:

• clipping from the conclusion of the final conclusion of the certification commission;
• the presence of papers that confirm a good reason for dismissal;
• consent of the commander of the paramilitary unit.

After all the documents are collected and on hand there is a positive conclusion of the commission, it is necessary to obtain a final decision from the commander of the unit. If the waiting period exceeds thirty days, the soldier has the right to apply to the court.

Principal Payments

The largest number of questions during dismissal arises regarding the cash payments. All of these are regulated by the Federal Law of the Russian Federation dated 07.11.2011 No. 36-ФЗ “On the monetary allowance of military personnel and the provision of separate payments to them”, as well as the order of the Ministry of Defense of the Russian Federation No. 2700 dated 2011 “On approval of the procedure for providing monetary allowance”.

The amount of payments directly depends on the time spent in military service, with a period of less than twenty years, two salaries are paid, more than twenty years - seven salaries. And also the presence of honorary awards affects the amount of payments. Accruals are made for the full length of service, without rounding to a large part.

Contract employees may be denied benefits in the following cases:

1. If the employee was stripped of his military rank.
2. If a person receives a real sentence of serving a sentence in a colony, including conditional punishment for a crime committed intentionally.
3. When expelled from higher and professional military institutions.
4. In connection with a court decision prohibiting a person from holding a military post.
5. Due to the transition to other public service bodies.
6. In the case when the employee did not pass the entrance tests.
7. If the conditions of the contract have not been met.

Additional benefits

Special bonuses and one-time payments for good work can be added to the main payments. The decision on additional cash compensation is made by the head of the unit. 25% of the salary per month are awarded to excellent students of the service, those who have good and excellent grades are assigned 15% of the salary, with satisfactory - 5%. Those who do not have outstanding disciplinary sanctions will not receive a bonus, or he has not fully performed his official duties.

A one-time payment of material assistance is also provided, the amount is calculated based on the monthly allowance, salary and rank.

Thus, any soldier has the right to terminate the contract with the state only in the case of the provision of good reason. In turn, an employee may be dismissed only for objective reasons prescribed in the regulatory law. In case of disagreement of the serviceman with his dismissal, he can file a lawsuit in court.