Award for the performance of official duties. Types, sizes, purpose of payment of bonuses to military personnel. Distinguished Service Award

27.03.2020

#premium #money #payments #monetary satisfaction

The reason for writing this article was the controversy and ambiguity of some legal norms governing the procedure for paying bonuses for conscientious and effective performance official duties(hereinafter referred to as the premium), and, as a result, the lack of a unified approach officials to implement this order.

In accordance with paragraph 21 of Art. 2 of the Federal Law of November 7, 2011 (hereinafter referred to as the Law), the bonus is set at up to three monthly salaries (per year). The rules for the payment of bonuses are determined by the Government Russian Federation.
The rules for the payment of bonuses for conscientious and efficient performance of official duties to military personnel serving under a contract (hereinafter referred to as the Rules) were approved by Decree of the Government of the Russian Federation of December 5, 2011 N 993 "On the payment of bonuses to military personnel for conscientious and effective performance of official duties and annual financial assistance".

The rules state the following.
1. The bonus is paid to servicemen undergoing military service under a contract (hereinafter referred to as servicemen) in the amount of up to three salaries of the monthly allowance of a serviceman per year.
2. The premium is paid monthly or quarterly. The payment of the bonus is made simultaneously with the payment of monetary allowance in the month following the month (quarter) for which the bonus is paid, and in December - for December (IV quarter).
3. The bonus is calculated on the basis of the monthly salary of a serviceman in accordance with the assigned military rank and monthly salary in accordance with the occupied military post(in the case of temporary fulfillment of duties in a vacant military position - a monthly salary in accordance with this military position), established on the 1st day of the month in which the bonus is paid, and in December - on December 1 of the current year.
4. The size of the bonus, depending on the quality and efficiency of the performance of military duties and payment procedure <1>are established by the Minister of Defense of the Russian Federation, the heads of federal executive bodies in which military service is provided for by federal law, respectively, in relation to military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies, the Prosecutor General of the Russian Federation - in relation to the military personnel of the military prosecutor's office, the Chairman of the Investigative Committee of the Russian Federation - in relation to the military personnel of the military investigative bodies of the Investigative Committee of the Russian Federation.
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<1>Hereinafter, it is highlighted by me - R.T.

5. For servicemen who have served in the Armed Forces of the Russian Federation, other troops, military formations and bodies for an incomplete month (quarter), the bonus is paid for the time of actual performance of duties in a military position based on the salaries of the monetary content on the day the decision was made to pay the bonus.
6. The bonus is not paid to military personnel:
- passing military service in military units (organizations), where, in accordance with federal laws and other regulatory legal acts of the Russian Federation, a system of bonuses for performance and overfulfillment is established for them production tasks and other indicators;
- sent outside the territory of the Russian Federation to provide technical assistance and perform other duties;
- during the period of being at the disposal of commanders (chiefs), with the exception of periods of temporary performance of duties by them for vacant military posts;
- dismissed from military service on the grounds specified in paragraphs. 1 - 5, 7 - 11 hours 4 tbsp. 3 Laws.
7. In the event of the death of a serviceman, the bonus accrued for the time of his actual performance of duties in a military position in the corresponding month (quarter) is paid to his wife (spouse), in her (his) absence - to adult children living with him, legal representatives (guardians, trustees) or adoptive parents of minor children (disabled from childhood - regardless of age) and dependents of a serviceman, in equal shares or parents in equal shares, if the serviceman was not married and had no children.
The procedure for paying bonuses to military personnel of the Armed Forces of the Russian Federation is established by paragraphs 77 - 83 of the Procedure for providing monetary allowance to military personnel of the Armed Forces of the Russian Federation (hereinafter referred to as the Procedure), approved by Order of the Minister of Defense of the Russian Federation dated December 30, 2011 N 2700.
Let us immediately note one fundamental point - the Rules delegate to the Minister of Defense of the Russian Federation only the right to determine the procedure for paying the bonus, and not the rules for paying it, which have already been established by the Government of the Russian Federation.
Here, of course, the question arises about the relationship between the concepts of "rules" and "order" and the boundary between them. Can, in principle, order as such contain rules, and rules - order? Perhaps it can.
Explanatory dictionary of the Russian language S.I. Ozhegov contains the following interpretation of the terms "rules" and "order":
- a rule is a decree, a prescription that establishes the order of something<2>;
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<2>Ozhegov S.I. Dictionary of the Russian language: 70,000 words / Ed. N.Yu. Shvedova. 21st ed., revised. and additional M., 1989. S. 574.

Order - the sequential course of something, the rules by which something is done<3>.
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<3>There. S. 564.

The Big Law Dictionary reveals the term "rules" as a form of normative legal act, which establishes procedural rules that determine the procedure for carrying out any kind of activity<4>.
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<4>Big legal dictionary. URL: http://juridical.Slovaronline.com/P/PR/4573-PRAVILA (date of access: 04/08/2014).

Thus, as we see, one of the concepts is revealed through the other, and the boundary between them is very conditional.
Nevertheless, it can be stated with sufficient certainty that the Procedure cannot introduce additional criteria (conditions) for the payment of a premium or additional criteria by which its specific amount is established, as well as conditions under which a premium is not paid. At the same time, the Rules provide for only one criterion that is taken into account when determining the size of the bonus - the quality and efficiency of the performance of military duties by military personnel. The Rules also provide an exhaustive list of cases in which the bonus is not paid.
The procedure for payment, the establishment of which by the Rules is delegated to the Minister of Defense of the Russian Federation, should be understood precisely as the legal regulation (sequence of actions) for making a decision on the payment of a bonus and the procedure for its payment. it regulation questions about who makes the decision to pay the bonus, on the basis of what such a decision is made, the timing of the payment of the bonus, etc. These issues have been resolved in the Order.
According to clause 78 of the Procedure, the premium is paid monthly. The bonus is paid simultaneously with the payment of the monetary allowance in the month following the month for which the bonus is paid, and in December - for December.
The bonus is calculated on the basis of the monthly salary of a serviceman in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of temporary fulfillment of duties by him in a vacant military position, the monthly salary in accordance with this military position), established on the 1st day month in which the premium is paid.
According to paragraph 79 of the Procedure, the bonus is paid on the basis of the order of the relevant commander (chief) in the following amounts:
a) military personnel undergoing military service under a contract - up to 25% of the monthly salary;
b) cadets and students of the military educational institutions vocational education depending on the results of the last examination session or entrance exams:
- having only excellent grades - up to 25% of the monthly salary;
- having only good and excellent grades - up to 15% of the monthly salary;
- having satisfactory grades - up to 5% of the monthly salary.
As for the specific amount of the bonus and the criteria for its payment, then, as follows from clause 80 of the Procedure, this amount depends on the quality and efficiency of the performance of military duties in the month for which the bonus is paid, taking into account the existing<5>disciplinary sanctions for committed disciplinary offenses, results in professional and official (commander) and physical training, as well as violations in the financial, economic and economic activity that caused damage to the Armed Forces of the Russian Federation and reflected in the acts of audits (inspections of certain issues) of financial, economic and economic activities.
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<5>Obviously, there was a typo in the text of the Order. Instead of "having" one should read "available" - R.T.

Thus, we see that, along with the quality and efficiency of the performance of official duties by a serviceman, there appeared conditions not provided for by the Rules for determining the size of the bonus, such as disciplinary sanctions, results in professional and official (commander) and physical training, as well as violations in the financial and economic and economic activities.
This collision can be viewed in two ways.
If we assume that these conditions are nothing more than independent criteria taken into account when determining the specific amount of the premium, and the literal interpretation of clause 80 of the Procedure indicates that this is exactly the case, then their introduction into the Procedure should be considered illegal, since, as already It was noted above that the Rules provide for only one criterion - the quality and efficiency of the performance of official duties by military personnel.
At the same time, these conditions can be regarded precisely as a kind of sub-criteria, according to which the quality and efficiency of the performance of official duties are assessed. Let's assume that this is the case. True, a number of questions arise here.
Of course, based on the results of professional-official (commander) and physical training, one can indirectly judge the quality and effectiveness of the performance of official duties by a serviceman, but only indirectly. It seems that it is more correct to draw conclusions about the effectiveness and quality of the performance of duties based on the results of their performance, i.e. according to the results of the performance of specific tasks that are provided for by these duties.
Taking into account the fact that checks on professional and official (commander) and physical training are carried out, respectively, as a rule, no more than once every six months and once a quarter, the practice of commanders who, when determining the size of the bonus, take into account the results of checks, is quite controversial. received not for the month for which the bonus is made.
There are also court decisions that recognize this practice as illegal.<6>. At the same time, the courts point out that the period for the commander to evaluate the quality and effectiveness of the performance of military duties and, accordingly, the determination of the specific amount of the bonus is established by the Procedure once a month, and not once a quarter or half a year.
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<6>See, for example: decision of the Znamensky Garrison Military Court of April 4, 2013. URL: http://voensud.ru/post854182.html (Accessed: 04/04/2014).

Even more controversial situation arises taking into account the existing disciplinary sanctions.
First of all, we note that in all the above normative legal acts, in relation to the issue of the specific amount of the bonus paid, we are talking about the quality and efficiency of the performance of precisely official duties. At the same time, it is well known that, in addition to official duties, military personnel perform general as well as special duties under Art. Art. 26 - 27 of the Federal Law "On the status of military personnel". From what considerations the legislator limited himself to the criterion of the quality of performance of only official duties, it is difficult to say. Nevertheless, based on the literal interpretation of the Rules and within the meaning of the Procedure, the quality and efficiency of the performance of other duties (general and special) do not affect the amount of the bonus. This is generally confirmed by clause 82 of the Procedure, according to which, during the period of being at the disposal of commanders (chiefs), with the exception of periods of temporary performance of duties for vacant military positions, no bonus is paid to a serviceman. Although, as readers should be aware, a serviceman, being at the disposal of the commander (including in the event of failure to fulfill duties for vacant position), general and special duties continues to perform. At least I must.
Thus, if the received disciplinary sanction is not related to the performance of official duties, then it should not formally be taken into account when determining the amount of the bonus.
Let us remind readers that not so long ago, before the entry into force of the Law, the payment of the same, in fact, bonus to military personnel of the Ministry of Defense of the Russian Federation was provided for by the Rules for the payment of bonuses to military personnel undergoing military service under a contract, for exemplary performance of military duty, approved by the Decree Government of the Russian Federation dated July 14, 2000 N 524, and the relevant norms of the Procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation dated June 30, 2006 N 200.
As you can see, the legislator used a completely different name for the payment - award for exemplary performance of military duty. In contrast to the new definition (conscientious and efficient performance of official duties), the previous one was, at first glance, much broader in meaning. But if we look at Art. 26 of the Federal Law "On the status of military personnel", then we will see that the essence of military duty is revealed exclusively through the general duties of military personnel, i.e. based on the former name of the award, it was supposed to be paid for the exemplary performance of only these duties.
The premium was paid quarterly. Moreover, attention should be paid to one significant detail in the order of its payment: the decision to pay the bonus, deprive or reduce its size was made by the relevant commanders (chiefs) based on the reports of direct commanders submitted on command(chiefs) with petitions for the payment of bonuses to subordinate military personnel. In the case of a petition from the immediate superior to reduce or deprive a soldier of the bonus, he was obliged to indicate the specific reasons that served as the basis for such a petition.
The current Procedure does not contain similar norms, which, in the author's opinion, is its significant drawback.
Indeed, how can the commander (chief), who issues the order to pay the bonus and who, as a rule, is not even the closest direct superior for the serviceman receiving the award and most often, as they say, has never seen this serviceman in the eye, can assess the quality and the effectiveness of the latter's performance of his official duties? Therefore, it is the opinion of the immediate superior, reflected in the report, who, like no one else, can evaluate the work of the subordinate for the bonus period, should be fundamental when deciding on the payment of the bonus.
Moreover, in the absence of a report from the immediate superior with a request to reduce the amount of the bonus to the serviceman, the corresponding official issuing the order to pay it had no grounds for such a reduction, as well as for issuing the order in general. This position is confirmed, in particular, by court decisions<7>.
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<7>See, for example: Decision of the Novosibirsk Garrison Military Court dated January 21, 2011 N 2-16/2011 // SPS "ConsultantPlus".

At present, the practice is quite often used in the field, when a serviceman who has received a disciplinary sanction, firstly, is not paid a bonus at all, and secondly, the bonus is not paid or its size is reduced repeatedly only on the basis of the presence of a previously received disciplinary action and in the absence of collections received in the month for which payment is made.
Let's consider this problem in more detail.
According to paragraph 210 of the procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation of June 30, 2006 N 200, which has become invalid, commanders (chiefs) had the right to completely deprive military personnel of bonuses for omissions in service and violations of military discipline. It seems that some officials, in fact, continue to be guided by these long-lost norms, while the current Procedure does not contain similar norms.
The premium is not paid in the cases specified in clause 82 of the Procedure, which completely duplicates clause 6 of the Rules.
The list of cases specified in clause 82 of the Procedure is exhaustive and is not subject to broad interpretation. Neither omissions in service, nor disciplinary sanctions are indicated in this list. Accordingly, even in the presence of such, the premium should be paid. The only question is how much. The establishment of this amount in accordance with clause 80 of the Procedure is within the competence of the relevant commander (chief) issuing the order to pay the bonus. Nevertheless, in view of the foregoing, in the case under consideration, it cannot be equal to zero. In addition, size as a concept is a positive quantity.
Unfortunately, no minimum award<8>, neither the clear legal criteria by which the quality of performance of official duties is assessed, are currently defined, which, of course, creates certain prerequisites for unreasonably wide discretion of officials when deciding on its payment. In fairness, it should be noted that the development of such criteria is not an easy task.
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<8>Some by-laws issued in pursuance of the Rules determine the minimum amount of the bonus paid, in particular, in the presence of disciplinary sanctions. see, for example: Order of the Ministry of Internal Affairs of Russia dated 19 December. 2011 N 1266 "On approval of the amount and procedure for payment to military personnel internal troops The Ministry of Internal Affairs of Russia, performing military service under a contract, bonuses for conscientious and effective performance of official duties "// Ros. Gaz. 2012. January 25; Order of the Investigative Committee of Russia dated December 5, 2012 N 77 "On the procedure for paying military personnel replacing positions in the military investigative bodies of the Investigative Committee of the Russian Federation, awards for the conscientious and effective performance of official duties and its size "/ Ros. gaz. 2012. 28 Dec.

Does not contain the Procedure and any indications regarding the minimum and maximum amount by which the premium may be reduced. Therefore, in principle, it would be legal to reduce the premium, for example, both by 5% and by 95%.
We also note that reducing the size of the bonus is the right, and not the obligation of the commander (chief). The receipt of a disciplinary sanction by a serviceman does not entail an automatic reduction in the bonus, much less, in view of the foregoing, its deprivation. The penalty is taken into account when determining the amount of the premium. How to take into account is the competence of the relevant official. Under certain conditions (for example, high performance in solving assigned tasks, high-quality and efficient performance of official duties, etc.), the commander (chief) may well come to the conclusion that there is no need to reduce the bonus to the serviceman, even taking into account the disciplinary sanction received by the awardee . And it will be absolutely legal.
However, the most interesting issue is the repeated reduction (and in practice more often complete deprivation) of the bonus for the same disciplinary sanction.
As already noted, the previous procedure for providing monetary allowances to the military personnel of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation of June 30, 2006 N 200, provided for the reduction or deprivation of bonuses on the basis of quarterly reports from immediate superiors, in which specific the reasons that served as the basis for such a decrease (deprivation). Referring to the disciplinary sanction received in the quarter for which the bonus was made, as the reason for reducing (depriving) the bonus to the serviceman, the immediate superiors, when submitting a report on bonuses for another quarter, did not repeatedly refer to the same reason as a matter of course. After all, the soldier, as they say, has already received his. It would seem that the continuity of this approach should have been preserved and reflected in the Order. However, the latter, as already noted, does not provide for the filing of such reports, and as a result of the incorrect, in the opinion of the author, interpretation by the relevant commanders (chiefs) of clause 80 of the Procedure, a practice has developed according to which all outstanding disciplinary sanctions are taken into account when determining the amount of the bonus. This approach seems unreasonable for the following reasons.
Firstly, a disciplinary offense from the moment of its discovery and suppression, as a rule, cannot affect the quality and efficiency of the performance of official duties by the person who committed it in the future.
Secondly, despite the fact that the deprivation of a bonus, strictly speaking, is not a measure of disciplinary action, its repeated reduction (deprivation) on the sole basis that a serviceman has an outstanding disciplinary sanction is, in fact, nothing more than repeated punishment (punishment in the ruble ) for the same offense.
Thirdly, since, according to clause 80 of the Procedure, the specific amount of the bonus depends on the quality and efficiency of the performance of military duties in the month for which the bonus is paid (i.e., the bonus, in fact, is paid based on the results of work for the month), then, accordingly, the presence of an unresolved disciplinary sanction for an offense committed outside the bonus period does not in itself affect the quality and efficiency of the performance of official duties during this period and cannot serve as a basis for reducing (depriving) the bonus. Therefore, the provision of clause 80 of the Procedure "taking into account the existing disciplinary sanctions for committed disciplinary offenses", in the author's opinion, should be understood only as "taking into account the existing disciplinary sanctions for disciplinary offenses committed in the month for which the bonus is paid."
Fourth, according to Art. 2 Law premium is integral part military salaries. Therefore, reducing its size to a serviceman who conscientiously performed his duties in the month for which the bonus is paid, only on the grounds that earlier (outside the bonus period) he received a disciplinary sanction, is nothing more than wage discrimination, prohibited Art. 37 of the Constitution of the Russian Federation.
For comparison, we also note that at present, military personnel and civilian personnel receive additional material incentives in in the form of additional payments (bonuses) based on the results of service (work). This Procedure was approved by Order of the Minister of Defense of the Russian Federation of July 26, 2010 N 1010 "On additional measures to improve the efficiency of the use of monetary allowance funds for military personnel and remuneration of civilian personnel of the Armed Forces of the Russian Federation."
According to clause 7 of the said Procedure, the specific amounts of additional financial incentives are determined within the volume of budgetary funds allocated for the specified purposes, based on the results of the performance by military personnel and civilian personnel of official duties during the period for which additional material incentives are provided. At the same time, the issuance of orders for the payment of additional material incentives to military personnel and civilian personnel is carried out on the basis of reports submitted by direct commanders (chiefs, leaders).
It has already been said above that there are no clear regulatory criteria for assessing the quality and effectiveness of the performance of official duties used when deciding on bonuses, just as there were and are no regulatory criteria for assessing the results of their performance, taken into account when paying for material stimulation. The discretion of officials when deciding on the amount of additional financial incentives was (and in principle remains) so wide that it generated (and generates) numerous complaints from both military personnel and civilian personnel, which readers are well aware of.
In accordance with clause 11 of the Procedure approved by Order of the Minister of Defense of the Russian Federation of July 26, 2010 N 1010, the following are not presented for additional financial incentives:
- servicemen receiving additional monetary incentives in accordance with the federal law on the federal budget for the corresponding year;
- military personnel who have a disciplinary sanction for gross disciplinary offenses committed during the period for which additional payment, as well as having unsatisfactory results in professional position (commander) and physical training;
- persons of civilian personnel who have a disciplinary sanction for failure to perform or improper performance due to their fault of the labor duties assigned to them;
- military personnel and civilian personnel who committed violations in financial, economic and economic activities that caused damage to the Armed Forces of the Russian Federation and are reflected in the acts of audits (checks of certain issues) of financial, economic and economic activities, as well as commanders (chiefs, leaders), those who did not make a decision on the violations in the specified activities and measures to compensate for damage in accordance with their official powers.
As we can see, "persons" known to us also appear here: disciplinary sanctions, the results of checks on professional official (commander's) and physical training. True, we are already talking about unsatisfactory results. And they do not affect the amount of financial incentives, but are grounds for refusing to pay it. In addition, the results of the latest inspections are taken into account, regardless of when they were carried out - during the bonus period or beyond.
As for disciplinary sanctions, as we see, penalties are subject to accounting only for gross disciplinary offenses committed by military personnel only during the bonus period.
From the content of the above normative legal act, it is clear that such a rule does not apply to civilian personnel. Accordingly, when deciding on additional financial incentives for such persons, penalties received by them, including outside the bonus period, are taken into account. This point of view is reflected in judicial practice <9>.
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<9>See, for example: Appellate ruling of the Murmansk Regional Court dated June 26, 2013 N 33-2081 // ConsultantPlus ATP.

It seems that the criteria for evaluating the effectiveness and quality of the performance of official duties by military personnel when deciding on the payment of bonuses, as well as payments of additional material incentives, should be uniform and maximally limit the subjectivity of commanders.
In view of the foregoing, it should be concluded that it is necessary to amend clause 80 of the Procedure in order to eliminate the ambiguous interpretation of its norms, as well as to establish in the Procedure a clearer legal procedure for paying a bonus, minimizing the personal discretion of the commander (chief) in determining its specific size and providing for the obligatory consideration of the opinion of the immediate superior of the awarded serviceman.

Troshchenko R.A., Lecturer at the department of the branch of the VUNC VVS "VVA named after N.E. Zhukovsky and Yu.A. Gagarin", lawyer.

The disputability and ambiguity of some legal norms regulating the procedure for paying bonuses for conscientious and effective performance of official duties are analyzed.

Key words: military personnel, official duties, awards.

Prize for the faithful and efficient performance of duties: the controversial issues of legal regulation and enforcement
R.A. Troshchenko

Analyzed divisiveness and ambiguity of some legal rules governing the payment of premiums for the faithful and efficient performance of duties.

Key words: military, duties, awards.

28. Employees are paid bonuses for conscientious performance of official duties at the rate of three monthly salaries per year * (31).

29. The bonus is paid monthly at the rate of 25 percent of the salary of the monetary content established by the employee on the first day of the month for which the payment is made.

30. The bonus is paid in proportion to the time the employee performs official duties in the corresponding calendar month.

31. In billing period for the payment of the bonus, the time of training, vacations with the preservation of monetary allowance, release from official duties due to temporary disability is included.

32. The amount of the bonus for each calendar day of service is determined by dividing the total amount of the bonus for the month, determined in accordance with paragraph 29 of this Procedure, by the number calendar days this month.

33. Employees enlisted at the disposal, bonuses can be paid on the basis of the order of the head, taking into account the actual volume of their official duties within 25 percent of the salary.

34. Based on the order of the head, the bonus is not paid in the following cases:

1) temporary suspension of an employee from the performance of official duties;

2) removal of the employee from the performance of duties related to the possible use of physical force, special means and firearms.

35. Based on the order of the head, employees who have a disciplinary sanction "severe reprimand", "warning of incomplete service compliance", "transfer to a lower position", the bonus is not paid within one month from the date of their disciplinary action.

36. Based on the order of the head, the bonus in the month of dismissal is not paid upon dismissal of the employee for the following reasons:

1) gross violation of official discipline by an employee;

2) repeated violation of official discipline by an employee if he has a disciplinary sanction imposed in writing by order of the director or manager;

3) the employee's refusal to be transferred to a lower position in the execution of a disciplinary sanction;

4) violation of the terms of the contract by the employee;

5) non-observance by the employee of restrictions and prohibitions established by federal laws * (32);

6) loss of trust;

7) the submission by an employee of false documents or knowingly false information when entering the service in the National Guard troops, as well as the submission by an employee during the period of service in the National Guard troops of forged documents or knowingly false information confirming his compliance with the requirements of the legislation of the Russian Federation in terms of conditions substitution relevant position in the troops of the National Guard, if this does not entail criminal liability;

8) conviction of an employee for a crime, termination of criminal prosecution against him due to the expiration of the statute of limitations, in connection with the reconciliation of the parties (except for criminal cases of private prosecution), as a result of an amnesty act, in connection with active repentance, unless at the time of termination contract and dismissal from service in the troops of the National Guard, the criminality of the act previously committed by him is eliminated by the criminal law * (33);

9) committing an offense discrediting the honor of an employee;

10) violation by an employee of mandatory rules when concluding a contract.

V. Regional coefficients, coefficients for service in high-mountainous regions, in desert and waterless areas, percentage premiums for service in regions of the Far North, equivalent areas and other areas with adverse climatic or environmental conditions, including remote ones

37. To the monetary allowance of employees serving in the regions of the Far North, areas equated to them and other areas with adverse climatic or environmental conditions, including remote ones, coefficients are established (district, for service in high mountain regions, for service in desert and waterless areas) and percentage bonuses to monetary allowance for service in the regions of the Far North, areas equated to them and other areas with unfavorable climatic or environmental conditions, including remote ones, in high-mountainous areas, desert and waterless areas, provided for by the legislation of the Russian Federation * (34 ).

38. For the application of coefficients and percentage surcharges, the following are taken into account in the composition of the monetary allowance:

1) official salary;

2) salary for a special rank;

3) a monthly allowance to the salary of monetary maintenance for the length of service (length of service);

4) monthly allowance to official salary for the qualification title;

5) monthly bonus to the official salary for special conditions of service;

6) a monthly bonus to the official salary for working with information constituting a state secret * (35).

39. The size of the coefficients and percentage markups, as well as the rules for their application are determined by the Government of the Russian Federation * (36).

In accordance with federal law"On the monetary allowance of military personnel and the provision of certain payments to them" Government of the Russian Federation decides:

1. Approve:

Rules for the payment of bonuses for conscientious and efficient performance of official duties to military personnel serving under a contract;

Rules for the payment of annual material assistance to military personnel serving under a contract.

2. Payments provided for by the rules approved by this resolution, to be made within the budgetary allocations provided for the monetary allowance of military personnel as part of the federal budget expenditures for the maintenance of the Armed Forces of the Russian Federation, other troops, military formations and bodies.

3. This Decree shall enter into force on January 1, 2012, and in relation to the persons specified in Part 2 of Article 7 of the Federal Law "On the Monetary Allowance of Military Personnel and the Provision of Separate Payments to Them" - on January 1, 2013.

Chairman of the Government of the Russian Federation

V. Putin

Rules for the payment of bonuses for conscientious and efficient performance of official duties to military personnel undergoing military service under a contract

1. The bonus for the conscientious and efficient performance of official duties (hereinafter referred to as the premium) is paid to servicemen undergoing military service under a contract (hereinafter referred to as military personnel) in the amount of up to 3 salaries of the monthly monetary allowance of a serviceman (hereinafter referred to as monetary salary) per year.

2. The premium is paid monthly or quarterly. The payment of the bonus is made simultaneously with the payment of monetary allowance in the month following the month (quarter) for which the bonus is paid, and in December - for December (IV quarter).

3. The bonus is calculated on the basis of the monthly salary of a serviceman in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of temporary fulfillment of duties by him in a vacant military position - the monthly salary in accordance with this military position), set at 1- e day of the month in which the premium is paid, and in December - on December 1 of the current year.

4. The size of the bonus, depending on the quality and efficiency of the performance of official duties by military personnel and the procedure for its payment, are established by the Minister of Defense of the Russian Federation, the heads of federal executive bodies in which military service is provided for by federal law - respectively, in relation to military personnel of the Armed Forces of the Russian Federation, other troops , military formations and bodies, the Prosecutor General of the Russian Federation - in relation to the military personnel of the military prosecutor's office, the Chairman of the Investigative Committee of the Russian Federation - in relation to the military personnel of the military investigative bodies of the Investigative Committee of the Russian Federation.

6. The bonus is not paid to military personnel:

performing military service in military units (organizations), where, in accordance with federal laws and other regulatory legal acts of the Russian Federation, a system of bonuses has been established for them for the fulfillment and overfulfillment of production targets and other indicators;

sent outside the territory of the Russian Federation to provide technical assistance and perform other duties;

during the period of being at the disposal of commanders (chiefs), with the exception of periods of temporary performance of duties by them in vacant military positions;

7. In the event of the death of a serviceman, the bonus accrued for the time of his actual performance of duties in a military position in the corresponding month (quarter) is paid to his wife (spouse), in her (his) absence - to adult children living with him, legal representatives (guardians, trustees) or adoptive parents of minor children (disabled from childhood - regardless of age) and dependents of a serviceman, in equal shares or parents in equal shares, if the serviceman was not married and had no children.

Rules for the payment of annual material assistance to military personnel undergoing military service under a contract

1. Annual material assistance is paid to military servicemen under contract (hereinafter referred to as military personnel) in the amount of at least one monthly salary of the military serviceman.

2. The procedure for applying for financial assistance, as well as its amount for the corresponding year, based on the budget allocations provided for the monetary allowance of military personnel as part of the federal budget expenditures for the maintenance of the Armed Forces of the Russian Federation, other troops, military formations and bodies, are established by the Minister of Defense of the Russian Federation , heads of federal executive bodies in which military service is provided for by federal law - respectively in relation to military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies, the Prosecutor General of the Russian Federation - in relation to military personnel of the military prosecutor's office, Chairman of the Investigative Committee of the Russian Federation - in relation to military personnel of the military investigative bodies of the Investigative Committee of the Russian Federation.

3. Servicemen who are entitled to receive material assistance, but who did not apply for it in the current year, are paid financial assistance simultaneously with the payment of their monetary allowance for December of the current year.

4. Material assistance is calculated on the basis of the monthly salary of a serviceman in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of temporary fulfillment of duties by him in a vacant military position - the monthly salary in accordance with this military position), established on the date making a decision on the payment of material assistance, and in the case of payment of material assistance in December - as of December 1 of the current year.

5. Servicemen transferred for further military service from one federal executive body, in which military service is provided by federal law, to another (Armed Forces of the Russian Federation) or from the Armed Forces of the Russian Federation to a federal executive body, in which federal law provides military service, financial assistance is paid once a year in full upon departure from the federal executive body in which the federal law provides for military service (Armed Forces of the Russian Federation), if it has not been paid earlier.

6. Material assistance is not paid to military personnel:

dismissed from military service on the grounds specified in paragraphs 1 - 5, 7 - 11 of part 4 of Article 3 of the Federal Law "On the monetary allowance of military personnel and the provision of individual payments to them." In the event that the specified military personnel were paid financial assistance earlier, upon their dismissal from military service, the amount paid is not subject to withholding;

during the period of being at the disposal of commanders (chiefs);

dismissed from military service at the end of the current year with the provision of leave upon dismissal, ending in next year, - for the year in which the vacation ends.

7. In the event of the death of a serviceman, material assistance for the current year (if it was not paid to the serviceman before his death) is paid to his wife (spouse), in her (his) absence - to adult children living with him, legal representatives (guardians, trustees) or to adoptive parents of minor children (disabled from childhood - regardless of age) and to persons who are dependent on a military man, in equal shares or parents in equal shares, if the soldier was not married and had no children.

In accordance with part 12 of article 2 of the Federal Law of July 19, 2011 N 247-FZ "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts Russian Federation" 1 - I order:

1. To approve the attached Procedure for the payment of bonuses for conscientious performance of official duties to employees of the internal affairs bodies of the Russian Federation.

2. Recognize as invalid paragraphs 33 - 42 of the Regulations on the monetary allowance of employees of the internal affairs bodies of the Russian Federation, approved by order of the Ministry of Internal Affairs of Russia dated December 14, 2009 N 960 2.

4. To impose control over the implementation of this order on the Deputy Ministers, who are responsible for the relevant areas of activity.

Minister General of the Army R. Nurgaliyev

_________________

1 Collection of Legislation of the Russian Federation, 2011, N 30 (Part I), Art. 4595; No. 46, Art. 6407; Russian newspaper, 2011, December 7th.

2 Registered with the Ministry of Justice of Russia

February 12, 2010, registration N 16404, subject to changes made by orders of the Ministry of Internal Affairs of Russia dated January 12, 2011 N 8 (registered with the Ministry of Justice of Russia

February 8, 2011, registration N 19738) and dated August 1, 2011 N 898 (registered with the Ministry of Justice of Russia on October 28, 2011, registration N 22165).

Application

The procedure for paying bonuses for conscientious performance of official duties to employees of the internal affairs bodies of the Russian Federation

1. Employees of the internal affairs bodies of the Russian Federation 1 are paid bonuses for conscientious performance of official duties 2 at the rate of three monthly salaries.

2. The bonus is paid monthly at the rate of twenty-five percent of the salary of the monetary allowance established by the employee on the 1st day of the month in which the payment is made.

3. The bonus is calculated in proportion to the time the employee performed his official duties in the corresponding calendar month. The calculation period for the payment of the bonus includes the time of training, being on vacation with the preservation of monetary allowance, the release of the employee from the performance of official duties due to temporary disability.

4. The amount of the bonus for each calendar day of service is calculated by dividing the total amount of the bonus for the month, determined in accordance with paragraph 2 of this Procedure, by the number of calendar days in this month.

5. Employees enlisted at the disposal of the federal executive body in the field of internal affairs, its territorial body or division, bonuses may be paid on the basis of the order of the head of the said body, division, taking into account the actual volume of official duties performed by them within twenty-five percent of the salary .

6. When an employee is transferred to the service within a month, the bonus is paid to him at a new place of service in the amount determined in accordance with paragraph 2 of this Procedure.

7. The bonus is not paid to employees:

a) who are on parental leave until they reach the age of 3 years;

b) temporarily suspended from the performance of official duties on one of the grounds provided for by the Federal Law of November 30, 2011 N 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation" 3 .

8. Employees dismissed from service in the internal affairs bodies are not paid a bonus in the month of dismissal if the dismissal is made on the following grounds:

a) gross violation of official discipline;

b) repeated violation of official discipline if the employee has a disciplinary sanction imposed in writing by order of the head of the federal executive body in the field of internal affairs or an authorized head;

c) refusal of an employee to be transferred to a lower position in the internal affairs bodies in the execution of a disciplinary sanction;

d) violation of the terms of the contract by the employee;

e) non-compliance by an employee with restrictions and prohibitions established by federal laws;

e) loss of trust;

g) submission by an employee of forged documents or knowingly false information when entering the service in the internal affairs bodies, as well as the submission by an employee during the period of service in the internal affairs bodies of forged documents or knowingly false information confirming his compliance with the requirements of the legislation of the Russian Federation in terms of conditions replacement of the relevant position in the internal affairs bodies, if this does not entail criminal liability;

h) conviction of an employee for a crime, as well as termination of criminal prosecution against the employee due to the expiration of the statute of limitations, in connection with the reconciliation of the parties, as a result of an amnesty act, in connection with active repentance;

i) committing an offense discrediting the honor of an employee of the internal affairs bodies;

j) violation by an employee of mandatory rules when concluding a contract.

9. Within the limits of the funds for the payment of monetary allowances, employees who successfully perform particularly complex and important tasks may be additionally paid one-time bonuses.

10. The decision to pay a one-time bonus specified in paragraph 9 of this Procedure is issued by order of the head of the internal affairs body, organization or unit created to perform the tasks and exercise the powers assigned to the Ministry of Internal Affairs of Russia.

11. With regard to the heads of internal affairs bodies, organizations or units created to perform the tasks and exercise the powers vested in the Ministry of Internal Affairs of Russia, and their deputies, the decision to pay a one-time bonus is made by a higher head.

Decree of the Government of the Russian Federation of 05.12.2011 N 993 "On the payment of bonuses to military personnel for conscientious and efficient performance of official duties and annual material assistance" (together with the "Rules on the contract, bonuses for conscientious and efficient performance of official duties", "Rules for payment to military personnel passing military service under a contract, annual material assistance")

PAYMENTS TO MILITARY SERVICE PERSONNEL IN MILITARY SERVICE

UNDER THE CONTRACT, PRIZES FOR HONEST AND EFFECTIVE

PERFORMANCE OF OFFICIAL DUTIES

PAYMENTS TO MILITARY SERVICE PERSONNEL IN MILITARY SERVICE

UNDER THE CONTRACT, ANNUAL MATERIAL ASSISTANCE

Judicial practice and legislation - Decree of the Government of the Russian Federation of 05.12.2011 N 993 "On the payment of bonuses to military personnel for conscientious and effective performance of official duties and annual material assistance" (together with the "Rules for the payment of military personnel undergoing military service under a contract, bonuses for conscientious and effective performance of official duties", "Rules for the payment of annual material assistance to military personnel serving under a contract")

<*>Decree of the Government of the Russian Federation of December 5, 2011 N 993 "On the payment of bonuses to military personnel for conscientious and efficient performance of official duties and annual material assistance" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2011, N 50, Art. 7382).