The dismissal of servicemen in the Russian Federation is carried out incompliance with the provisions of federal legislation, regulations issued by the Ministry of Defense, and in some cases - signed by the President of the Russian Federation. Officers and military retirees who have retired or retired receive significant benefits from the state. What is the procedure for dismissing a serviceman? What state guarantees for reserve officers and retired military are established by law?
To begin with, we will study a number of general formulations of the RF legislation governing the dismissal of servicemen. Which of its provisions deserve attention in the first place?
It can be noted that in the event thatmilitary service is exempted officers occupying military posts at the level of senior commanders, their dismissal is carried out in accordance with the normative acts signed by the president of Russia.
In the event that military personnel who haverank before the colonels or captains of 1 rank, then their release from the posts in the army is carried out in accordance with the procedure established in federal regulations.
Russian army officers are dismissed depending on theage, as well as health status in the reserve or in retirement. In the first case, citizens are registered for military registration, in the second case, this procedure is not provided for by law.
In accordance with the legislation of the Russian Federation, dismissal from military service is possible in the following cases:
- the officer's achievement of the maximum age of fulfilling his duties in the army;
- expiration of the term of conscription or contract with the armed forces;
- the presence of medical evidence that interferes with the passage of service in the army;
- Deprivation of an officer of military rank (for example, because of loss of confidence on the part of the command);
- deprivation of liberty on the verdict of the court;
- deductions from the educational organization under the armed forces of the Russian Federation;
- deprivation of the right to serve in the army in accordance with the sentence of the court;
- election of an officer to the position in the State Duma, regional parliament, municipal entity;
- termination of service in the army at a time when its activities are suspended;
- termination of Russian citizenship from an officer;
- the receipt by the servicemen of the citizenship of another state.
Early dismissal of a soldier under a contract is possible because:
- organizational and staff events;
- the transfer of an officer to serve in the Ministry of Internal Affairs, the national guard, the fire department, other security agencies;
- non-fulfillment of contract terms by servicemen;
- inadmissibility of an officer to state secrets;
- The deprivation of liberty is conditionally for an unintentional crime on the verdict of a court;
- inconsistencies in the results of participation in the tests required;
- transition of the officer to civil service;
- termination of Russian citizenship;
- the receipt by the officer of the citizenship of another state;
- failure to conduct a chemical-toxicological survey;
- committing an administrative offense in the form of the use of prohibited substances without the permission of the doctor.
In some cases, the officer who serves under the contract, has the right to leave the service ahead of schedule. Let us study in more detail the specifics of these legal relations.
The contract officer gets the right to initiate early termination of military service if:
- the terms of the contract against him will be violated;
- to serve do not allow problems with health;
- there will be family circumstances that prevent the officer from serving in the army;
- he will receive a post at the level of the highest executive structures of the constituent entity of the Russian Federation or the status of a member of the Federation Council;
- he will be elected a deputy of the State Duma, the parliament in the subject of the Russian Federation, the municipality.
This is the order of dismissal of Russian army officers.It can be noted that the Russian Defense Minister may issue separate orders regulating the procedure for the release of servicemen from their positions. Consider one of the key legal acts of the corresponding type - the order of the Minister of Defense No. 660, adopted on October 30, 2015, regarding the regulation of the procedure for the dismissal of servicemen.
In accordance with this source of law, the dismissal of officers from the army involves, in particular:
- development by the competent structures of the armed forces of planned documents, ensuring the work of the personnel bodies responsible for the dismissal of servicemen;
- control over the implementation of plans to release servicemen from their posts in the armed forces.
The plans, according to which thedismissal of officers, should be sent by personnel structures for approval to authorized officials. These documents contain information on servicemen who reach the age limit of service in the army, including those who have expired the contract signed with the armed forces after reaching the age limit of service.
Order of the Ministry of Defense No. 660responsible units of the armed forces of measures for the timely dismissal of servicemen. Commanders of military units, representatives of personnel structures, logistics bodies, medical services, financial structures, commissions for attestation should participate in them.
A significant amount of tasks have to be dealt with by the unit commander. He needs:
- in advance to find out from the serviceman the prospects for concluding a new contract with the armed forces, taking into account the length of service, the state of health, and the provision of housing;
- send a private file of the officer who is going to leave, to the authorized body;
- to facilitate the passage of medical examination to the military;
- provide the officer with leave if available, as well as additional rest provided for by current regulations;
- to organize the attestation of a serviceman in cases stipulated by law;
- bring to the officer a decision on his official mission after the expiration of the contract or when he reaches the age limit of service in the army;
- Conduct a conversation with the officer about the dismissal and record its results in a separate document in the prescribed form.
On an officer who is going to resign, a representation is also drawn up in the prescribed form. This source is included in the documents collected as part of the discharge of the military man.
The dismissal from the army in accordance with the lawcases entitles a person to a number of civil privileges. The procedure for granting them depends on the category of serviceman, the place in which military service took place, the grounds for the dismissal of a person from the army. So, the legislation of the Russian Federation establishes a special type of allowance for officers who quit the armed forces. Let's study their specifics.
For servicemen who are fired from the army forreaching the age limit of service, for health reasons or due to organizational and staff arrangements, a one-time allowance is established for dismissal from military service. Its value corresponds to:
- 5 salaries, if the officer has served in the armed forces for less than 10 years;
- 10 salaries, if the duration of service is from 10 to 15 years;
- 15 salaries, if the officer served from 15 to 20 years;
- 20 salaries, if the duration of service in the armed forces was 20 years or more.
There are other grounds for charging suchpayments - even if the officer stopped performing military duty on grounds not consistent with those indicated above. So, if a person has been dismissed from military service with contractual relations with the army and the duration of military duty less than 20 years, then he is paid a allowance corresponding to 2 salaries. If the service period is 20 years or more, the corresponding payment will be assigned in the amount of 7 salaries.
A one-time benefit is not paid if dismissal from military service is due to:
- deprivation of the officer of military rank;
- deprivation of liberty of a serviceman on the verdict of the court;
- deductions of an officer from an educational organization in the armed forces due to lack of discipline, poor academic performance, unwillingness to undergo studies;
- deprivation of the right of an officer to serve in the army on the basis of a court judgment;
- the transfer of the officer to the service in the Ministry of Internal Affairs, fire fighting service, other security agencies;
- Failure to comply with the terms of the contract;
- non-admission to state secrets;
- The deprivation of liberty is conditionally for an unintentional crime in accordance with the sentence of the court;
- discrepancies between the results of tests passed by the officer to the established requirements;
- non-compliance with restrictions, non-fulfillment of assigned duties, violation of prohibitions within the framework of military service, law enforcement agencies,
- Loss of trust on the part of the command.
Legislation of the Russian Federation guarantees a number of privileges to servicemen who are dismissed to the reserve. Let's study their specifics.
If the officer is dismissed to the reserve - by age, state of health or as a result of organizational and staff arrangements - he is entitled to the following privileges guaranteed by the state:
- premiums to pensions;
- assistance in resolving housing issues;
- provision of compensation for land and property taxes;
- benefits when applying to medical institutions;
- benefits when using public transport;
- privileges in obtaining education;
- Assistance in employment.
Let us study their specifics in more detail.
The servicemen of the reserve are entitled to receive various supplements to their pensions. They can be charged for different reasons. Among the main:
- bonuses to military pensioners who have dependents;
- an increase in the amount of pensions paid for long-term service, appointed in the presence of a citizen's disability;
- the appointment of an increased pension to reserve soldiers who have honorary titles, such as Hero of Socialist Labor.
The reserve officer has the right to rely on supportstate in solving the housing problem. The volume of this assistance will depend on many factors - on the composition of the family of the serviceman, his living space and his relatives. One of the most common instruments of state support on the issue under consideration is issuing special certificates. It is recommended to contact the competent authorities - for example, the municipalities' housing policy departments - to clarify the amount of state support for housing, as well as the procedure for issuing certificates.
The main tax benefits for whichclaim reserve officer - is the compensation of the state land and property tax. Both types of payments to the budget can be calculated in a significant amount. In particular, the property tax is now determined on the basis of its cadastral value, which is usually much higher than the inventory value, on which this payment was calculated earlier. Therefore, this amount of state aid can be very appropriate for the family budget of the reserve serviceman.
Reserve officers who served in the army for 20 years andmore, have the right to receive privileges in the field of medical services, presented in a fairly wide range - their exact list should be clarified by contacting specific medical institutions or authorities to whom they are accountable. It can be noted that the grounds for dismissal from military service from the point of view of the officer's right to receive the benefits in question do not matter if the total length of military service is 25 years or more. Similarly, they have the right to receive warrant officers and midshipmen who have served in the armed forces for 20 years or more.
Servicemen dismissed to the reserve have the rightTo enjoy significant benefits in the use of transport. Among the main ones is the opportunity to travel free by train, ships, airplanes to places of rest and back - once a year. In addition, if the reserve officer is required to undergo inpatient treatment at the conclusion of a special commission, his travel to the place of the relevant medical institution is also paid for by the state.
A number of other significant benefits that a reserve officer can get is an opportunity to enter without university exams. This privilege is granted if:
- a person has an incomplete higher education or a specialty obtained in a military higher education institution;
- the soldier of the reserve has a complete secondary education.
Another possibility in the field of education forreserve soldiers - the opportunity to enter the secondary education institutions without exams if there is a corresponding military certificate or a document confirming the receipt of 9 classes of education.
It can be noted that the second higher education serviceman of the reserve in any case receives free of charge, while a similar possibility is generally not provided for civilians.
So, we looked at howdischarge of military officers from military service, as well as what payments and benefits they are entitled to under the law. Let us now consider the privileges established by the laws of the Russian Federation for military pensioners.
First of all, it should be noted that in relation tocitizens who have this status are guaranteed recalculation of pensions upon the increase in the amount of allowance for certain categories of servicemen. The next significant privilege for military pensioners is the accrual of a supplement to pensions for long service, and also appointed for a disability of 100%. At the same time, the corresponding allowance should not be less than 200% of the minimum old-age pension. Note that in the event that a person receives payments from the state for outstanding achievements or services to the country, such surcharges may not be accrued.
For pensioners who are winners of the Olympic Games, a surcharge of not less than 100% of the minimum old-age pension is required.
The size of the pension may be influenced by officer ranks, officer positions. In addition, service in remote areas, mountainous areas and other areas with a special climate may be taken into account.
Military pension is calculated, first of all, withtaking into account the size of the salary of a serviceman. The procedure for calculating it is determined by separate provisions of the law. So, for example, for 20 years of service the salary of the officer is increased by 50% without taking into account the inflationary premiums, and for each subsequent year by another 3%, before reaching the mark-up to the salary of 85%.
If the military service of a person whoretired in the regions of the Far North for 15 years and places that are equal to the corresponding territories for 20 years, even when resettled in more southern areas, the military pensioner has the right to expect to maintain the northern coefficient to the pension. True, its value is limited to a value of 1.5 units (but this in many cases is greater than the coefficient in a number of regions).
Военные пенсионеры могут в соответствии с regional legislation to have benefits when paying for utilities. For example, in Moscow there are legal acts for which the corresponding compensation is 50% of the costs for housing and communal services. A specific list of benefits for housing and communal services, again, it makes sense to find out in the housing department of the city in which the stock serviceman lives.
Many of the military retirees and officers retired to the reserve, have the status of war veterans. Consider what benefits are guaranteed for them by the legislation of the Russian Federation.
In accordance with applicable law, war veterans may enjoy the following privileges:
- reimbursement of 50% of expenses from residential fees, regardless of the specific type of housing stock;
- extraordinary receipt of medical care in the framework of state programs;
- benefits in the framework of pensions;
- obtaining housing from the state in the manner determined by law;
- the ability to arrange vacation at a convenient time;
- training courses for professional retraining at the expense of the employer;
- the ability to buy tickets for all types of transport out of turn;
- admission out of competition to higher and secondary educational institutions, as well as the opportunity to receive special scholarships, which are guaranteed by the Government of the Russian Federation.
So, we have considered the order of dismissal from the militaryservices established by the legislation of the Russian Federation, identified the main types of state guarantees for military stock and retired. The main ones are approved at the level of federal sources of law. But in some cases, the order of dismissal from the army is regulated by orders issued by the Minister of Defense. In some cases, the President of the Russian Federation takes part in the release of officers from their positions. Thus, in accordance with the regulations signed by him, servicemen occupying top military posts are dismissed.
Reserve officers as well as retired havequite a lot of privileges - in terms of housing, tax breaks, medical services, benefits in obtaining education. In many cases, dismissal from the army may be related to the retirement of an officer, and therefore it was also important for us to study the list of benefits and privileges for military retirees. Those are presented in a fairly wide range. Citizens in this status receive a pension calculated and indexed by special rules - in particular, taking into account the northern coefficient, regardless of where a person lives after leaving the army. The size of military pensions is determined by officer ranks, positions, and places of service of citizens.
Many of the military retirees have the statuswar veterans. For them, the legislation of the Russian Federation also establishes a number of benefits. So, the state in the cases established by the law pays and provides housing to the military in the corresponding status.
Significant benefits are established by law.RF for military personnel of various categories in the field of education. This is an important aspect, since the retraining of military personnel for civilian specialties may require them to undergo additional training in educational institutions.
