Such part of Russian citizens asservicemen, have a number of special rights and duties. All this forms a separate status, which in the manner prescribed by law is vested in every person who has military functions. The federal law "On the Status of Servicemen" will be discussed in detail in this article.
According to Article 1 of the Law "On Servicemen",status is the set of guarantees, rights, freedoms and elements of responsibility of persons liable for military service. The status should be fixed by the basic law of the country, as well as by federal and other normative acts. As you know, servicemen must fulfill their duties in preparation for the armed defense of the Russian Federation. At the same time, the special nature of compulsory functions requires the military to provide a number of compensations and guarantees.
The status of a person liable for military service is confirmeda special certificate that must be carefully stored. According to the available document, servicemen have the ability to carry, store and use weapons.
Article 2 of the Federal Law "On the Status ofservicemen "fixes the main provisions, according to which the persons who can have the status in question are identified." That's what belongs to the military category:
In accordance with the Federal Law "On the statusservicemen "contract is a special document that must comply with the provisions of the law.The contract fixes the dates during which a person will perform military service.
The status of a serviceman can beRussian citizens, and foreign. In the case of the last category of persons, a specialized contract will be concluded. At the same time, both Russians and foreigners have the same guarantees and compensations, which will be discussed later.
Article 3 of Law No. 76 FZ "On the Statusservicemen "legally fixed the basic guarantees for the protection of persons liable for military service, as well as their family members.It should be noted that the Russian Federation has a unified system of guarantees, which, however, takes into account the position, rank, and overall length of service. state.
What is the social defense of the military? Here's what you should pay attention to:
The law of the Federal Law "On the Status of Servicemen" prohibits the restriction of the category of persons in their freedom and rights. And what are the rights of the military?
According to chapter 2 of the normativeact, citizens who realize military service have the right to protect their own honor and dignity. Everyone has the opportunity to move around freely and choose any place of residence. And it concerns both servicemen of the military, and already dismissed.
Freedom of speech is also an essential rightmilitary, but in a somewhat special form. Thus, citizens who are liable for military service should not criticize and discuss the orders of their commander. In their free time, the military has the right to take part in processions, rallies, pickets and demonstrations.
For the military, as well as for any other Russiancitizens, the right to freedom of religion and conscience remains. At the same time, the category of persons in question can not refuse to execute legal orders on religious grounds. Another right of servicemen is an opportunity to participate in the affairs of the state and society. The military have the right to freely vote, participate in a referendum, create trade unions, etc.
In Chapter 2 of the Law "On the Status of Servicemen"it also speaks of the right to work, rest, housing, health care, education, dismissal, the implementation of postal items, cultural enlightenment and much more.
Article 26 of the law in question lists the most common duties of persons liable for military service:
It is worth noting that for each person with that orother duties will be slightly different. The higher in the military hierarchy is a person, the more he will have the authority and professional duties. This is evidenced by Article 27 of Law No. 76 "On the Status of Servicemen".
A soldier is a special citizen.The presence of his special status presupposes both a series of prohibitions, restrictions and duties, as well as extensive responsibility. It should be noted that responsibility for the military is assigned in a special way - not through ordinary courts, but through special, military legal proceedings. The highest court of the military will serve the military board, which is part of the Supreme Court of Russia.
A person liable for military service may beadministrative, material, civil or even criminal liability. However, the most frequent form of sanction is disciplinary responsibility. In all cases, a citizen exercising military duties has the right to a lawyer, presenting evidence, attracting witnesses, etc.
The grounds for attracting a serviceman toresponsibilities are fairly simple. As in the case of any other citizens, this is the presence of guilt and evidence indicating the person's involvement in the violation of law.
In Article 23 of the Federal Law No. 76 "On the StatusThe main reasons for leaving the service are reaching retirement age for long service, improper health (for example, getting a disability), committing a serious misdemeanor or an offense. Unjustifiably dismissed military men have the right to appeal decisions of their leadership in the judicial order.
Citizens dismissed from service have the right to receive the following elements of social protection:
Dismissed for health reasons, the military has the right to receive cash compensation in the amount of the land tax paid and property tax.
