Telephone consultation 8 800 505-91-11

The call is free

Soldiers available

Please explain why now they are not placing at the disposal of a serviceman who is not provided with housing, with a length of service of 20 years, who has expressed a desire to quit. Is it legal? I rent a house and if I quit, they remove the sublease. Alone with a child, I will not be able to pay for the apartment myself.

Hello! If I understood you correctly, then you are leaving the military service and are not provided with housing? If you are recognized as needing housing from the Ministry of Defense of the Russian Federation, then indicate in your dismissal report that you object to being excluded from the lists of the l / s unit until your right to housing is exercised.

The soldier is available. Do I need to go to work?

Hello, I explain that according to paragraph 4 of Art. 3 of the Regulations on the procedure for performing military service, the day of the end of military service is the day of exclusion of a serviceman from the lists of personnel of a military unit (hereinafter, military units are understood as military command and control bodies, bodies, military units, ships, formations, enterprises, institutions and organizations of the Armed Forces Russian Federation in connection with dismissal from military service, death (death), recognition as missing or declared dead. Thus, until the day you are excluded from the list of personnel of the military unit, you are a serviceman, and therefore you are obliged to perform the duties of military service, including participating in events held in the military unit.

The husband of military personnel under a contract of 8 months at the disposal found a position for transfer, wrote a report, and he was told that an order had been issued for dismissal, since he did not agree to a place in his company. It is legal.

For a correct answer, you need to know the answers to the following clarifications: - what position he does not agree with (equal to SDC or not) - where he wanted to transfer - was there an attitude about considering it in another part - when the dismissal order took place (date) - what is the basis for dismissal - when the report for translation was written (date)

I am at the disposal (serviceman) served for more than 25 years, a criminal case was opened, I wrote a report for the next vacation (according to the plan), they refused me, they say the investigator forbade it? Is it legal?

No, the investigator does not have the right to cancel the next vacation. Too little information from you to consult. You need to know the article under which you are accused, the measure of restraint, the contract soldier or officer, the place of residence (distance from the military unit). Maybe you have a preventive measure that does not allow you to leave the unit?

I am a soldier. Dismissed due to the age limit for military service. Enlisted at the disposal of the commander under Article 13, paragraph 2, paragraph i) of the provisions on the procedure for military service (I am waiting for housing subsidies). Why can I be excluded from the lists of l / s units? The commander says that if I am absent for more than 4 hours, I will file a disciplinary offense and fire me. These 4 hours are considered only working time or from the moment you leave the unit until you appear in it? We have 3 hours of working time after lunch, if I don't come after lunch, will the commander be able to fire me for this?

Hello, since earlier there was an order to dismiss you from military service due to the age limit, while simultaneously leaving you on the lists of personnel of the military unit until housing is provided at the place of residence, the commander of the military unit does not have the right to exclude you from the above lists, due to the fact that you have disciplinary action caused by the periodic absence of you in the service. At the same time, you should be aware that recently there has been a judicial practice, according to which the courts consider it lawful and justified to exclude from the lists of personnel of a military unit a serviceman who has not contested an order to dismiss from military service, since the prohibition on the exclusion of a serviceman from the lists of personnel parts, in the absence of his consent to this, by virtue of paragraph 16 of Art. 34 of the Regulation on the procedure for military service, approved by Decree of the President of the Russian Federation of September 16, 1999 No. 1237, is provided only in case of failure to provide him with monetary, clothing and food security. That is, the law links the implementation of a social guarantee in the form of the provision of housing during military service with the procedure for dismissal from military service, and not with exclusion from the lists of personnel of a military unit. See, for example, the appeal ruling for DOVS dated March 21, 2017: presiding Kurkin A.The. APPEALS DETERMINATION No. March 21, 2017 Khabarovsk , examined the administrative case on the appeal of the administrative plaintiff against the decision of the Blagoveshchensk Garrison Military Court dated January 10, 2017 on the administrative claim of the former military serviceman of the military unit No. Aristov Yu.V. on contesting the actions of the commander of the named military unit related to the exclusion from the lists of personnel of the military unit. After hearing the report of Judge Martynenko Yew.A. and the conclusion of the prosecutor Anchutin A.V., who considered it necessary to leave the decision of the garrison military court unchanged, the judicial board ESTABLISHED: By the decision of the garrison military court, the administrative claim of Aristov Y.V., in which he asked to recognize the actions of the commander of military unit No. on his exclusion from the lists of personnel of the military unit before granting a subsidy for the acquisition or construction of a dwelling and reinstating him in the indicated lists until the provision of a subsidy. Recognizing contested actions by the plaintiff legitimate, the court proceeded from the fact that the dismissal of Aristov Yew.The. from military service was made with his consent, on the day of exclusion from the lists of personnel of the military unit, he was provided with all the required types of allowances, therefore, provided for in paragraph 16 of Art. 34 There were no obstacles to his exclusion from the named lists of the Regulations on the procedure for performing military service. In the appeal, the administrative plaintiff expresses disagreement with this decision, believing that the court committed significant violations of substantive and procedural law, asks to cancel it and make a new decision to satisfy his requirements. In support of his request, the complainant, based on the provisions of paragraph.n. 1, 13 Art. 15, par. 2 p. 1 art. 23 of the Federal Law "On the status of military personnel" and paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military Service", states that a serviceman dismissed from military service cannot be excluded from the lists of personnel of a military unit until he is provided with a housing subsidy, but must be at the disposal of the commander until that moment, on the grounds, provided for in para. "and" paragraph 2 of Art. 13 Regulations on the procedure for military service. At the same time, he focuses on the fact that in the report on dismissal from military service, he did not agree and did not ask to be dismissed or excluded from the lists of personnel of the military unit until housing was provided, just as he did not refuse the housing subsidy, which, contrary to the defendant's statements and the conclusions of the court, in accordance with the decision of the housing commission, is the only form of housing provision chosen by him. In objections to the appeal, the assistant military prosecutor of the garrison, full name 8 and the representative of the administrative defendants, full name 9, each individually, agreeing with the conclusions of the garrison military court, and considering the arguments of the complaint untenable, ask to leave the contested decision unchanged. Having studied the case materials, having checked and discussed the arguments of the appeal and objections to it, the Judicial Board finds no grounds for canceling or changing the appealed decision. The garrison military court established and is confirmed by the materials of the case that Aristov Yu.V., who has been in military service for more than years, has been registered for a year in need of residential premises, before providing such was dismissed from military service by order of the commander of military unit No. DD .MM.YYYY No. on the grounds provided for by the Federal Law “On military duty and military service”. At the same time, Aristov agreed and insisted on dismissal from military service on the indicated grounds, which is reflected in the list of conversations with him dated DD.MM.YYYY, during which he also requested that he not be excluded from the lists of personnel of the military unit until housing was provided. DD.MM.YYYY the housing commission of the Border Department of the FSB of Russia agreed with the plaintiff changing the form of his housing provision to a housing subsidy. By the decision of the same housing commission dated DD.MM.YYYY, the plaintiff was provided with an apartment under a social tenancy agreement at the address: , which he refused to receive in his report from DD.MM.YYYY, in which he insisted on providing him with a housing subsidy. DD.MM.YYYY the housing commission again considered Aristov as subject to housing in the form of a housing subsidy. By order of the commander of the military unit No. from DD.MM.YYYY No. the plaintiff was excluded from the lists of personnel of the military unit from DD.MM.YYYY. It follows from the foregoing that Aristov agreed with the dismissal from military service, but objected to the exclusion from the lists of personnel of the military unit until he was provided with a housing subsidy. That is, the plaintiff connected the military service not with its passage, but with the implementation of housing rights. This circumstance is also confirmed by the fact that the plaintiff for a long time, since 2012, did not appeal against the order on his dismissal from military service, which, according to paragraphs. "b" paragraph 3 of Art. 51 of the Federal Law "On military duty and military service" was possible only on the basis of his will. In accordance with par. 2 p. 1 art. 23 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”, military personnel whose total duration of military service is 10 years or more, who are registered as in need of residential premises, cannot be dismissed from military service without their consent for health reasons without the provision of housing or housing subsidy. The prohibition on the exclusion of a serviceman from the lists of personnel of the unit, in the absence of his consent to this, by virtue of paragraph 16 of Art. 34 of the Regulation on the procedure for military service, approved by Decree of the President of the Russian Federation of September 16, 1999 No. 1237, is provided only in case of failure to provide him with monetary, clothing and food security. Thus, the dismissal of the plaintiff from military service, the legality of which he does not dispute, implied his exclusion from the lists of personnel of the military unit within the time limits established by paragraph 24 of Art. 34 of the Regulations on the procedure for military service, and his consent was not required, since on the day of exclusion from the lists of personnel of the unit, he was fully provided with the prescribed types of allowances, which was also established by the court and is not questioned by the author of the complaint. Contrary to the arguments of the complaint, the failure to provide Aristov with a housing subsidy due to the above requirements of the law did not prevent him from being excluded from the lists of the unit's personnel. As the court of first instance correctly pointed out, the right to housing can be exercised by him without any restrictions and after being excluded from the lists of the unit's personnel. Thus, guided by Art. 307, 308, paragraph 1 of Art. 309, Art. 311 of the Code of Administrative Procedure of the Russian Federation, the Judicial Board DETERMINED: The decision of the Blagoveshchensk Garrison Military Court dated January 10, 2017 in an administrative case based on an administrative statement of claim by Aristov Yu.V. on challenging the actions of the commander of military unit No., related to the exclusion from the lists of personnel of the military unit, to be left unchanged, and the appeal of the administrative plaintiff - without satisfaction. Agreed Judge Yew.A. Martynenko.

Are military personnel provided with military uniforms?

Hello, military personnel enlisted at the disposal of the commander of a military unit also have the right to provide clothing items as military personnel who are on the staff of a military unit. The current legislation does not contain restrictions related to the provision of provisions with types of allowance, including clothing property in the form of military uniforms, military personnel, of the category to which you belong (see part 2 of article 14 of the Federal Law "On the status of military personnel", Resolution Government of the Russian Federation dated 06/22/2006 number 390).

Does a soldier have the right to VPD if he is available.

Hello, yes it does. The current legislation does not contain legal norms restricting military personnel enlisted at the disposal of the commander of a military unit or other authorized military official in the right to travel free of charge, including through the issuance of a VPD.

I am a contract serviceman, on 09/01/2018 they put at the disposal of the oshm communications, the report did not write about the surrender of the case and position without my knowledge, they issued an order to hand over the case and position on 12/10/2018, the contract ended. wrote a letter of resignation at the end of the contract of service for about 7 years, and also did not include the payment of bonuses
10/10 wrote a letter of resignation .. the question is whether the actions of the command are lawful on all counts and what violations are there on the part of the command, and can I also re-write a report resigning me on oshm even though the contract ended on 12/10/2018 while I was there?

Good evening Arthur! You wrote a letter of resignation in vain due to the end of the contract, the command had no right to force you to write this report. Write a letter of resignation for oshm. They put you at your disposal lawfully, because Your position has been reduced.

Whether financial assistance is due to a serviceman who is at the disposal of the unit commander.

Hello Svetlana! Unfortunately, a serviceman who is at his disposal is not entitled to financial assistance. (reason: Article 89 of the Order of the Minister of Defense of the Russian Federation of December 30, 2011 N 2700 "On Approval of the Procedure for Providing Monetary Allowances to the Military Personnel of the Armed Forces of the Russian Federation" Good luck to you!

I am a soldier. At the moment, in connection with the transfer from one part to another, I am available. The question is, should I sit for 8 hours at work?

Hello, yes you should. You, as a member of the armed forces, within the framework of the performance of the general duties of a member of the armed forces, must, among other things, strictly observe the duty time regulations.

Is the serviceman provided with clothing items at his disposal.

A question that is not very clear is that a serviceman is always provided with the established clothing allowance while he is in the service (not fired).

The serviceman is at the disposal, the length of service is 18 years, he will be dismissed for health reasons. What coefficient is he supposed to calculate the subsidy 2.25 or 2.375. Thank you.

Hello, in accordance with clause 7 of the Rules for calculating lifespan, approved by Decree of the Government of the Russian Federation of 02/03/2014 # 76, when calculating lifespan, a correction factor is applied for servicemen of length of service, which ranges from 16 to 20 - 2.25. (this correction factor is applied on the condition that the serviceman claims to receive HS during the period of military service). As can be seen from paragraph 8 of the above Rules, for military personnel whose total length of service is from 10 to 20 years, dismissed from military service on preferential grounds, the correction factor increases to 2.375. Regards, Ivan.

I am a serviceman, I am available until the provision of housing at the chosen place of residence, the first contract is until 98 years old, the article of dismissal according to the age limit, I am on the housing register as in need of better housing conditions. If the footage for registration for housing changes and the minimum meters for living will be enough for me Will they send me to wait for housing in retirement? Or is it considered as I got up due to shortage and so I will wait at disposal?

Hello Dmitry! You do not have the right to be fired (reason: Article 23 of the Federal Law "On the Status of a Serviceman") I quote below this article in full: "Article 23 1. Servicemen - citizens who are doing military service under a contract and have not reached the age limit for military service, cannot be dismissed from military service without their consent until they acquire the right to a pension for long service, except in cases early dismissal on the grounds established by the Federal Law "On Military Duty and Military Service". Military personnel are citizens whose total duration of military service is 10 years or more, who are registered as in need of residential premises in the federal executive body or federal government agency in which the federal law provides for military service, without their consent, they cannot be dismissed from military service upon reaching the age limit for military service, for health reasons, or in connection with organizational and staffing measures without providing them with housing or housing subsidies, with the exception of cases provided for in the third paragraph of this paragraph. If these servicemen wish to receive accommodation not at the place of dismissal from military service, they are provided with accommodation at their chosen place of residence in the manner prescribed by paragraph 14 of Article 15 of this Federal Law. "Good luck to you!

I am a soldier, I am at the disposal of the commander. The regiment was alerted. What are my actions?

Report to the duty unit and your immediate commander about your whereabouts and act in accordance with the instructions received.

I am a soldier, a couple of weeks after going on maternity leave, I was placed at the disposal. How will benefits be calculated?

While you are on maternity leave, you are paid a full allowance. There are no grounds for withdrawal. Order of the Minister of Defense of the Russian Federation of December 30, 2011 N 2700 "On approval of the procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation" by the day of departure on the specified vacation. In addition to benefits for pregnancy and childbirth, they are also paid on a general basis other additional payments of monetary allowance, the right to which arose during this vacation. 159. At the end of parental leave, as well as upon returning to service from this leave before the child reaches three years of age, the payment of monetary allowances in accordance with the established norms is resumed from the date of entry into the performance of duties in the military post. 160. Monetary allowance is not paid: for the period a serviceman is on parental leave until he reaches the age of three years. See also "Regulations on the procedure for military service". Article 32

I am a serviceman, I fell under the liquidation of a unit, they were taken to the disposal of another unit. They do not offer a new position, I have been at the disposal for 3 months. Question: If I am not offered a position within 6 months, will I be fired at the OSHM or will my term of employment be extended? And is it possible to be at disposal for up to a year and in what cases?

Regulations on the procedure for military service Article 13. The procedure for placing at the disposal of the commander (chief) having the right to issue orders, an official having the right to appoint to a military position, which is replaced by the specified serviceman. 2. The enrollment of a serviceman who is doing military service under a contract at the disposal of the commander (chief) is allowed in the following cases and for the following periods: six months. The period of stay at disposal may be extended, for example, due to lack of housing.

I am a soldier! 23.01. In 2014, I was taken to the disposal and appointed to the post by order of the commander in 2 weeks. I did not fulfill the report on the acceptance of cases and positions! I was paid DD for the old position for 4 months! Then they cut him down and began to pay a bare salary! Then, after 2 months, I was again appointed to another position and everyone began to pay allowances again. Based on the results of an audit dated November 28, 2014, by the Accounts Chamber of the Russian Federation FKU "ERC MO RF", it turned out that they paid me 4 months incorrectly. Based on this, they drew up a statement of claim dated 10/17/2017 on the recovery of the amount of overpaid funds. Am I required to return the money?

Hello, you are obliged to return these funds, because if you return them as part of enforcement proceedings, then the bailiffs will charge you an additional enforcement fee in the amount of 7% of the amount of the claim.

If there are overpayments, respectively, they have the right to recover this amount in judicial order and keep up to 50 percent of income.

Hello. No, they are not required. The limitation period for the employer is 1 year - Art. 392 of the Labor Code of the Russian Federation. But even if the deadlines are met, by virtue of Art. 137 of the Labor Code of the Russian Federation: Wages overpaid to an employee (including in case of incorrect application labor law or other regulatory legal acts containing norms labor law), cannot be recovered from him, except in cases: counting error; if the individual review body labor disputes the fault of the employee in failure to comply with labor standards (part three of Article 155 of this Code) or simple (part three of Article 157 of this Code) is recognized; (as amended by Federal Law No. 90-FZ of June 30, 2006) (see the text in the previous edition) if wage was overpaid to the employee in connection with his illegal actions established by the court. (As amended by the Federal Law of 30.06.2006 N 90-FZ) All the best and successful resolution of problems to you.

I am a soldier who is at the disposal of the commander of the military unit.
The commander said that I was not entitled to the 1010 bonus, since the ERC would not miss it because I was a freelancer. Is he right?

According to the 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", military personnel undergoing military service under a contract, as well as civilian personnel of the Armed Forces of the Russian Federation. According to Part 1 of Article 12 of the Federal Law of May 31, 1996 N 61-FZ "On Defense", the personnel of the Armed Forces of the Russian Federation includes military personnel and civilian personnel (federal state civil servants and employees) of the Armed Forces of the Russian Federation. Thus, if you do not belong to the specified group, you are not entitled to a premium.

I am a soldier who is at the disposal of the commander of the military unit. Am I eligible for the 1010 bonus?

Good day As for the premium, this issue should be discussed not with lawyers, but with your direct management. Good luck to you. Anna Titova.

In 1996, she participated in the privatization of an apartment. Servicewoman. At the disposal of the commander for org. states. In IES they said that there is no prescription. Am I eligible for an apartment or a subsidy? I had 8.6 meters in a privatized apartment. 17 years of military experience.

Good day. If you participated once in the privatization of housing, you do not have a second right, only minors retain such a right upon reaching the age of majority. For other reasons, you may be entitled to housing. Good luck to you.

Good evening! If you are found to be in need of better living conditions, then you are certainly entitled to housing as a soldier.

I am a member of the military and am currently available. How to write a letter of resignation for oshm.

Look for samples on the Internet, or ONLY on a PAID basis, a lawyer will help you draw up a report. Contact anyone on the site to negotiate a price.

Olga, you can write a report and indicate something like this. From the year to the present, I have been serving in the RF Ministry of Defense. In connection with the reduction of my military position in the course of organizational and staff events, I ask you to petition the higher command for the early dismissal of me (position) of the military unit ___, in / z, full name from the Armed Forces of the Russian Federation in connection with organizational and staff events in accordance with subparagraph "a" of paragraph 2 of Art. 51 of the "Federal Law" dated March 28, 1998 No. 53-FZ "On military duty and military service". I refuse to continue military service in higher or lower military positions (I do not agree). Length of service in the Armed Forces of the Russian Federation as of the time of writing the report in calendar terms is years, ___ months, in preferential terms __ years, __ months. Living space at the time of dismissal is not provided. Family composition: 3 (three) people (wife - full name, born in 1986, daughter - full name, born in 2009).

Good afternoon, write to the commander of the military unit (military unit): Report. In connection with the reduction of my military position in the course of the ongoing organizational and staffing activities, I ask you to petition the higher command for the early dismissal of my "position, rank, full name" from the Armed Forces of the Russian Federation in connection with organizational and staffing events in accordance with subparagraph "a » paragraph 2 of Art. 51 of the Federal Law of March 28, 1998 No. 53-FZ "On military duty and military service". I refuse further military service in higher or lower military positions. The length of service in the Armed Forces of the Russian Federation as of the time of writing the report in calendar terms is ... years ... months, I have no preferential terms. Living space at the time of dismissal is not provided. Family composition: ... person (husband-full name, year of birth, son-full name, year of birth). I ask you to provide me and my family members with housing at the place of residence chosen after the dismissal in ... I agree to resign from the Armed Forces of the Russian Federation only after providing me and my family members with housing in accordance with paragraph 1 of Art. 15, paragraph 1 of Art. 23 of the Federal Law of May 27, 1998 No. 76-FZ "On the Status of Military Personnel". Please direct me to the military medical commission. For military registration, I ask you to send a personal file to the OVK ... at the place where the living space is provided. Date and painting.

Nothing difficult. Write directly to the commander (chief). I ask you to terminate the contract and dismiss me from military service in connection with organizational and staff events. In general, the personnel officer will tell you if there are any nuances.

What does it mean right, you owe something? In the combat department, they will dictate to you verbatim what to write. In accordance with the directive of the Chief of the General Staff of the Armed Forces of the Russian Federation dated __.__.__ No. ___ and on the basis of paragraphs. "a" paragraph 2 of Art. 51 of the Federal Law "On military duty and military service", paragraph 1 of Art. 23 of the Federal Law "On the Status of Servicemen", I ask for your petition for early dismissal of me from military service for organizational and staffing measures. The rest of the content depends on the circumstances.

Hello. No way. You do not have to write any reports, you must be dismissed by order of the Minister in Sayazi with oshm after the entire redundancy procedure has been carried out. You must first be offered positions.

Can a serviceman be placed at the disposal of a serviceman in the presence of financial violations by the settlement center when calculating monetary allowance (the tariff category was used 6 steps lower) until the error is resolved.

Hello! This is not a basis for placing at the disposal of you, it is advisable to write a complaint about this to the prosecutor's office of the garrison.

Being at the disposal of a soldier can go on study leave? Thank you.

Good day to you on study leave, a soldier Must write a report to his commander, military personnel are released on study leave only by order.

Hello, the question cannot be answered. It should be set correctly. Not all military personnel have this right. Good luck and all the best, with respect lawyer Ligostaeva A.V. :sm_ax:

Yes, they must, write a report to your superiors, it should be written in two copies, and the receiving party must sign on yours.

Serviceman, I am available, the apartment has not yet been offered. I took a referral to the BVK, but did not pass (3 months of the referral expired). What punishments threaten me?

There is no penalty for failing to pass the VVK. The more you are available. You still have to go through it, because this is the basis for dismissal "with an apartment"

A serviceman with a length of service of 20 years, in November 2016, was placed at the disposal of the OSHM, he applied to the housing commission for recognition as needing housing in May, there is still no decision of the commission. In June, the order came to dismiss from the Armed Forces. Is this dismissal legal and can they be fired without providing an apartment? Thank you.

GOOD TIME OF THE DAY Dismissal is not legal - without the conclusion of the housing commission - appeal it in court GOOD LUCK TO YOU AND ALL THE GOOD

I am a serviceman, I am at disposal, 25 years of service, I have chosen a permanent place of residence after dismissal other than the place of service. Dismissed with official housing, leaving in the lists of those in need of housing. You need the help of a military lawyer.

Dmitry, in order to help you, you need to know the circumstances of your case, you will decide on a lawyer / lawyer on the site. They will definitely help you.

What's the problem, email me. If the answer is simple - it's free, if you need an extended consultation, take a look at my profile. Sincerely.

Please tell me if a serviceman of the PV was at the disposal of 3 months, he is transferred to another department and there again put at the disposal, is this lawful and how is the period from, for example, November 2016 calculated? I can't write my phone number, I'm in Roaming.

In accordance with paragraph 2 of Art. 13 of the Regulation, the enlistment of military personnel undergoing military service under a contract at the disposal of the commander (chief) is allowed in the following cases and for the following periods: a) in case of release from a military position (position) - no more than three months; b) in case of dismissal from a military position (position) in connection with organizational and staff activities - no more than six months; c) in connection with the initiation of a criminal case against a serviceman - until a decision is made on the criminal case; d) in connection with the recognition of a serviceman who is undergoing inpatient treatment as unfit for military service - until the end of inpatient treatment (the period of release from the performance of duties in a military position necessary for formalizing the dismissal), but not more than for the period established by the Regulations on military medical expertise; e) in connection with the transfer from the Armed Forces of the Russian Federation to the federal executive body, which provides for military service, and vice versa, as well as from one federal executive body, which provides for military service, to another - for no more than three months ; f) in connection with the missing person for more than one month - until the return of the serviceman to the military unit (unless a different decision has been made on his further military service) or until the date of entry into force (inclusive) of the court decision declaring him missing or declaring deceased; g) in connection with the fact that a serviceman is in captivity, as a hostage or interned - until his release; h) in the event of the disbandment of a military unit and, in connection with this, a reduction in the military position, which was occupied by a female military serviceman who is on maternity leave or parental leave, until the end of this leave; i) if it is impossible to timely exclude a serviceman dismissed from military service from the lists of personnel of a military unit in cases provided for by the Federal Law and the Regulations - until his exclusion.

Currently, the army is going through a difficult period of reorganization, during which the structure of the RF Armed Forces is changing. In this regard, the positions of military personnel under the contract are being reduced, they are temporarily placed at the disposal of the command. Optimization and creation of a new job hierarchy leads to the release of a certain number of military personnel. The dismissal of an employee under the contract is impossible without the provision of residential space in the property. Citizens are forced to serve for a certain time, waiting for the solution of their problems, without occupying the position due to their rank.

Features of monetary allowance

Usually the salary of a soldier consists of a salary for the rank and a salary for the position held. In addition, the warrior receives additional payments, which are differentiated depending on many factors, which is a significant material bonus. In the case when the employee is at the disposal of the boss, the payments are calculated in a slightly different way. A soldier receives the following monthly payments:

Salary for the title;
salary for the previous position;
percentage bonus for seniority;
in addition one more salary for the position held earlier;
special allowances for special and difficult working conditions;
A lump sum bonus is paid for conscientious attitude to their duties.

The percentage increase in salary for employees who are at the disposal of the commander, depending on the length of service, is 5 - 70% of the official salary. The monthly allowance for special working conditions can reach 50% of the salary in the last position. A one-time bonus is paid at the end of the year, it is three official salaries and does not depend on the status of a serviceman. The bonus may be reduced or canceled by the commander for and administrative violations.

Preparation for dismissal should take no more than one year. During this period, the serviceman must conscientiously carry out the instructions of the commander, otherwise he may be dismissed under the article for non-compliance with the contract. During this period, the commander is obliged to decide on the further extension of the contract. If, after the next certification, a decision is made to terminate the contract, then a commission is assembled, and an order for further actions is drawn up. The commander conducts a conversation with the dismissed person, an official protocol is filled out, which must be signed by the serviceman.

Being at the disposal, a serviceman has the right to improve his qualifications and acquire a new military specialty. When resigning from the OSHM, the serviceman retains all the lump sum payments. The financial unit, having received an order from the commander on the subsequent dismissal of the employee, is obliged to make a full calculation of the upcoming payments within a month. The lump-sum allowance consists of two salaries at the last place of service, if the citizen serves less than 20 years. If the length of service is equal to or more than 20 years, then the dismissed person will receive seven salaries.

In addition, the soldier is bonus payments in connection with his awards and thanks noted in his personal file. It should be noted that the disposal cannot be completed before the citizen receives a housing certificate. The exclusion of a serviceman from the list of personnel is prohibited by law until a full monetary settlement is made. If these basic provisions are not observed, the soldier will be reinstated in the service by a military court.

"Power ministries and departments: accounting and taxation", 2007, N 10

Sometimes military personnel, for certain reasons, cannot retire from military service, for example, they do not have the required calendar length of service, which entitles them to housing. In this case, one of the solutions may be to enlist the serviceman at the disposal of the commander (chief). The article discusses the procedure for this enrollment, as well as the features of the payment of monetary allowances to such military personnel and the guarantees provided by them by law.

The procedure for enlisting military personnel at the disposal of the commander

The main document regulating the procedure for placing military personnel at the disposal of the commander is Federal Law No. 53-FZ of March 28, 1998 "On Military Duty and Military Service" (hereinafter referred to as Federal Law No. 53-FZ). In accordance with it, a soldier performs military service in a military position. An exception is made for military personnel enlisted at the disposal of the commander on the grounds given in paragraph 4 of Art. 42 of the Federal Law N 53-FZ. At the same time, the Law does not disclose what is considered to be the enlistment of a serviceman at the disposal of the commander, and the list of grounds presented in it is not final, and it can be expanded by other legislative acts.

In particular, such a document as Decree of the President of the Russian Federation of September 16, 1999 N 1237 "Issues of military service", which approved the Regulations on the procedure for military service (hereinafter - the Regulations on military service). It defines the enrollment of a serviceman at the disposal of the commander and a wider list of conditions for such enrollment in comparison with that presented in the specified article of the Federal Law N 53-FZ. Based on paragraph 1 of Art. 13 of the Regulations on military service to resolve issues of further military service, military personnel undergoing military service under a contract can be placed at the disposal, as a rule, of the nearest direct commander (chief) who has the right to issue orders, an official who has the right to appoint a military post , which is replaced by the specified soldier.

Also, the Regulations on military service define the terms for which a serviceman is enrolled at the disposal of the commander:

a) in case of release from a military position (position) - no more than three months;

b) in case of dismissal from a military position (position) in connection with organizational and staff activities - no more than six months;

c) in connection with the initiation of a criminal case against a serviceman - until a decision is made on the criminal case. One of the conditions for the removal of a serviceman from office is the commission of an act that falls under the signs of a crime (within the framework of criminal procedure). As defined by Art. 114 of the Code of Criminal Procedure of the Russian Federation, it is carried out on the basis of a petition made by an investigator of the military prosecutor's office to remove from office in order to ensure the order of criminal proceedings, the proper execution of a sentence by an investigator of the military prosecutor's office when a serviceman is involved as a suspect or accused. The petition is presented to the judge, who, within 48 hours, issues an order determining the temporary suspension of the soldier from office or refusal to do so. According to paragraphs. "in" paragraph 2 of Art. 13 of the Regulations on Military Service, the execution of a court decision on the removal of a serviceman from office is carried out, as a rule, not on the basis of an order to remove him from office, but by releasing him from office and placing him at the disposal of the commander until the court makes a decision. However, based on paragraph 1 of Art. 13 of the Regulations on military service, the execution of the named subparagraph is the right, and not the obligation of the commander - he has the right to issue an order for the temporary removal of a serviceman from his post.

What can be a way out of this situation for a soldier? In accordance with Art. 114 of the Code of Criminal Procedure of the Russian Federation, removal from office is canceled if this is not necessary. After that, the previously issued order on the temporary removal of a serviceman from office is recognized as invalid;

d) in connection with the recognition of a serviceman who is undergoing inpatient treatment as unfit for military service - until the end of inpatient treatment (the period of release from the performance of duties in a military position necessary for formalizing the dismissal), but not more than for the period established by the Regulations on military medical examination, approved by Decree of the Government of the Russian Federation of February 25, 2003 N 123 (hereinafter - the Regulations on military medical examination). Based on clause 34 of this Regulation in relation to a serviceman declared unfit for military service, the military medical commission issues a conclusion on the need to grant release before the serviceman is excluded from the lists of personnel of the military unit;

e) in connection with the transfer from the Armed Forces of the Russian Federation to the federal executive body, which provides for military service, and vice versa, as well as from one federal executive body, which provides for military service, to another - for no more than three months;

f) in connection with the missing person for more than one month - until the return of the serviceman to the military unit (unless a different decision has been made on his further military service) or until the date of entry into force (inclusive) of the court decision declaring him missing or declaring deceased;

g) in connection with the fact that a serviceman is in captivity, as a hostage or interned - until his release;

h) in the event of the disbandment of a military unit and, in connection with this, a reduction in the military position, which was occupied by a female military serviceman who is on maternity leave or parental leave, until the end of this leave;

i) if it is impossible to timely exclude a serviceman dismissed from military service from the lists of personnel of a military unit in the cases provided for in paragraph 11 of Art. 38 of the Federal Law N 53-FZ and the Regulations on military service, - until its exclusion.

For military personnel placed at the disposal of the commander (chief), in accordance with the Instruction on the organization of military service by officers and warrant officers (warrant officers) in the Armed Forces of the Russian Federation, approved by Order of the Ministry of Defense of Russia dated September 30, 2002 N 350, a representation is issued in the approved form, which sent through the personnel bodies of institutions subordinate to the federal executive bodies, in which the federal law provides for military service, to the relevant officials. In addition to the presentation, send:

• a copy of the attestation sheet (when appointed to a military position in the order of a planned replacement);
• personal file and other documents (if the need for their submission is established by a higher personnel authority);
• report of a serviceman on agreement with the appointment - in case of appointment to a higher military position or to a lower military position (in connection with organizational and staffing measures, for family reasons, for health reasons in accordance with the conclusion of the military medical commission or at the personal request of a serviceman).

In the institutions of law enforcement agencies, departmental normative documents are issued that regulate both the procedure for placing military personnel at the disposal of the commander and the payment of monetary allowances to such military personnel. For example, in the FSB of Russia this is Order N 367<1>, in the Ministry of Internal Affairs of Russia - Order N 680<2>, in the FSO of Russia - Order N 121<3>. Taking into account that these Orders are almost identical, let us consider the procedure for enlisting a serviceman at the disposal of the commander in the bodies of the FSB of Russia.

<1>Order of the FSB of Russia dated June 25, 2005 N 367 "On the approval of the Procedure for the payment of monetary allowances to military personnel of the federal service security, undergoing military service under a contract, enlisted at the disposal of the head (chief).
<2>Order of the Ministry of Internal Affairs of Russia dated October 25, 2004 N 680 "On the approval of the Instruction on the procedure for paying monetary allowances to servicemen of the internal troops of the Ministry of Internal Affairs of Russia, performing military service under a contract, enlisted at the disposal of the commander (chief)".
<3>Order of the FSO of Russia dated April 14, 2005 N 121 "On the Procedure for Providing Monetary Allowances to Military Personnel of Federal State Security Bodies Under Contract, Enlisted at the Commander's (Chief's) Order".

Depending on the conditions of this enrollment, provided for in Art. 13 of the Regulations on military service, the FSB of Russia establishes the terms during which it is carried out. Thus, the enlistment of a serviceman at the disposal of the commander is carried out:

• in the event of dismissal from a military post, as well as in connection with organizational and staff measures, the initiation of a criminal case, with the transfer from the Armed Forces of the Russian Federation to an institution of a law enforcement agency and vice versa, as well as from one federal executive body that provides for military service, to the other, if it is impossible to timely exclude a serviceman dismissed from military service from the lists of personnel of the military unit - from the day following the day of completion of the surrender of cases and positions;
• in connection with the recognition of a serviceman who is undergoing inpatient treatment, unfit for military service - until the end of inpatient treatment (the period of release from the performance of duties in a military position, necessary for processing the dismissal), but not more than for the period established by the Regulations on military medical examination ;
• in connection with the absence of a missing person for more than one month, as well as with the presence of a soldier in captivity, as a hostage or interned - from the date on which the military personnel, in accordance with the order of the security agency, are considered missing, being in captivity, as hostages or interned;
• in the event of the disbandment of a military unit and, in connection with this, the reduction of the military position, which was occupied by a female soldier who is on maternity leave or parental leave, from the day following the day of reform (abolition) of the security body;
• graduated from a military educational institution, postgraduate course, military doctoral studies and appointed to military positions to be filled by persons with the necessary level of education and provided for by the corresponding list of military positions - from the day following the day of signing the order on graduation from a military educational institution.

Let's turn to judicial practice application of the Regulations on military service to military personnel enlisted at the disposal of the commander - Decision of the Military Collegium of the Armed Forces of the Russian Federation dated March 9, 2005 N VKPI04-132. The Supreme Court of the Russian Federation considered the application of a citizen who asked to recognize the norms of this Regulation as contrary to the Constitution of the Russian Federation, as well as other legislative acts. In his opinion, the above-mentioned norms governing the procedure for enlisting retired servicemen at the disposal of the commander deprive them of various rights and benefits provided for by the legislation on military duty and military service, hinder the exercise of the right to a free choice of type of activity and profession, restrict the rights on housing and violate constitutional principle equality of human rights and freedoms.

Having considered the application, the Supreme Court of the Russian Federation did not find grounds for satisfying the requirements.

From the content of paragraphs. "and" paragraph 2 of Art. 13 of the Regulations on military service, it is seen that the enlistment of a military serviceman who is doing military service under a contract at the disposal of the commander is allowed if it is impossible to timely exclude a serviceman dismissed from military service from the lists of personnel of a military unit in cases provided for in paragraph 11 of Art. 38 of the Federal Law N 53-FZ and the Regulations on military service, until its exclusion. At the same time, a serviceman dismissed from military service, on the day of exclusion from the lists of personnel of the military unit, must be fully provided with the established monetary allowance, food and clothing. Before carrying out all the necessary calculations with the serviceman, he is not excluded from the lists of personnel of the military unit without his consent.

A serviceman dismissed from military service must be excluded from the lists of personnel of the military unit on the day of the expiration of his military service (early dismissed - no later than the day of the expiration of his military service) and no later than one month from the day the military unit receives an extract from an order for the dismissal of a soldier from military service. Consequently, Federal Law No. 53-FZ and the Regulations on Military Service cannot be regarded as violating the applicant's constitutional rights.

In addition, the applicant's enrollment at the disposal of the commander was due to the fact that, in accordance with Art. Art. 15, 23 of the Federal Law of May 27, 1998 N 76-FZ "On the Status of Military Personnel" (hereinafter referred to as Federal Law N 76-FZ), in order to be dismissed from military service for health reasons, a serviceman who has served 10 or more years and needs housing must give their consent to dismissal without providing housing, leaving it on the waiting list for housing at the place of service. The applicant did not give such consent, which was the reason for his enrollment at the disposal of the unit commander.

Payment of allowance

Summarizing the norms of the legislation of the Russian Federation on payments to military personnel enlisted at the disposal of the commander, we note that they are paid monetary allowances in other amounts, which differ from the payments provided for military personnel serving under a contract and filling military positions.

Consider the features of receiving monetary allowances for military personnel established by Order of the FSO of Russia N 121. The list of payments due to military personnel serving under a contract, placed at the disposal of the commander, is given in paragraph 1 of the Procedure for the payment of monetary allowances to military personnel of the FSO, approved by this Order. This list is not closed and may include other additional payments in addition to those indicated. In particular, FSO servicemen are paid:

a) the salary for a military position received by a serviceman before being placed at the disposal of the commander;

b) salary according to military rank;

c) percentage bonus for years of service. It is given in Decree of the Government of the Russian Federation of July 14, 2000 N 524 "On separate payments to military personnel and members of their families." Its size ranges from 5 to 70% of the salary of a serviceman;

d) a monthly allowance for the complexity, intensity and special regime of military service in the amount of 50% of the salary for a military position received before being placed at the disposal of the commander. It is worth noting that in relation to military personnel serving under a contract and filling military positions, the payment of this allowance is made in amounts of up to 120% in accordance with the norms of Federal Law N 76-FZ. In addition, in an increased amount, it is paid individual employees federal executive bodies in which the federal law provides for military service serving (military service under contract) in Moscow and St. Petersburg, Moscow and Leningrad regions, in order to reimburse the actual costs of travel in all types public transport urban, suburban and local transport (excluding taxis), payment of land tax and property taxes individuals(Decree of the Government of the Russian Federation of January 31, 2005 N 47 "On increasing the size monthly allowance for the complexity, tension and special regime of service (military service) certain categories employees and military personnel undergoing military service under the contract");

e) a monthly monetary incentive in the amount of one salary for the last military position held. Main normative document providing for the payment of monetary incentives is Decree of the President of the Russian Federation of February 18, 2005 N 177;

f) knowledge bonus foreign language. According to paragraph 5 of Decree of the Government of the Russian Federation of 01.27.1993 N 65 "On streamlining the payment of monetary allowances to military personnel, private and commanding personnel of internal affairs bodies, the State Fire Service, employees of the penitentiary system and strengthening their social protection"The size of the allowance cannot exceed 20% of the salary for a military position;

g) allowance for academic title and academic degree. It is given in clause 6.1 of Art. 13 of the Federal Law N 76-FZ and is established to official salaries in the following sizes:

• 40% for the position of assistant professor;
• 60% for a professorship;
• 3000 rub. for the degree of Candidate of Sciences;
• 7000 rub. for the degree of Doctor of Science.

h) allowance for military personnel awarded with the badge "Honorary Officer of the Federal Security Service of Russia", "Honorary Officer of Counterintelligence", "Honorary Officer of Federal Government Communications and Information", "Honorary Officer of Special Communications of Russia", "Honorary Officer of State Security" or "Honorary Officer of State Security ".

As already mentioned, in addition to the stipulated payments, military personnel may receive other additional payments. The main condition for their receipt by military personnel enlisted at the disposal of the commander is the presence in the regulatory legislative acts federal executive bodies of additional payments to military personnel in the event that they perform military service not in military positions. These include, for example, the payment of travel expenses in the event of sending military personnel to business trips, compensatory payments in return for food rations, for hiring (sublease) of residential premises, for sanatorium treatment.

In addition to enrolling a serviceman at the disposal of the commander, he may be admitted to the temporary performance of duties in a vacant military position in accordance with Art. 12 Regulations on military service. At the same time, the composition of the monetary allowance paid to him is similar to that discussed above, with the exception of the salary for a military position, since in this case he receives a salary for a temporary military position.

When a serviceman, who is doing military service under a contract, is placed at the disposal of the commander 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 for his monetary allowance (district, for military service in mountainous regions, for military service in desert and waterless areas) and are paid percentage bonuses to monetary allowance in the amount and manner that are established federal laws and other regulatory legal acts of the Russian Federation for citizens working and living in these areas and localities.

Please note: for servicemen who are provided with full monetary allowance in the current month for their full-time military position, but who are subsequently placed at the disposal of the commander before the date of payment of the specified monetary allowance, the recalculation of monetary allowance is not made (paragraph 4 of Order FSO N 121).

A. Kanterovsky

Journal Expert

Power ministries and departments:

accounting and taxation"

The duties of a soldier in military service and at disposal (behind the state) are a "dark forest" that can be learned for a very long time, but nothing can be realized. In today's article, we will try to analyze the main duties of a military man, what he has rights to and what he does not. We also pay attention to the laws that state this, as well as their application in practice.

Duties of a soldier in the service and at the disposal

Initially, you need divide the responsibilities into three various categories , which imply the specifics of duties and their importance:

General responsibilities;
Job responsibilities;
Special duties.

Take a close look the order in which the duties are arranged. Reading the article, you will understand why they are written that way and not otherwise.

1. Only the commander can give orders to a soldier .

This means that the nearest direct commander has the right to assign a military man to guard duty, to daily duty, and to give assignments.

2. After the removal of a soldier from the state, he is automatically removed official duties.

General duties are valid until the military is excluded from the lists of the unit.
Special duties are assigned as needed. That is, you can be assigned to combat duty, daily or garrison outfits when required. The number of special duties is regulated by the commander. For each military man, it varies, based on the combat and physical training of the fighter, as well as his qualities and characteristics.

3. Starting from the first day of transfer to the disposal, payments for work with information cease.

When interceding for daily or garrison outfits, the military undertakes to work with documents that are state secrets. The military at disposal does not have the rights to work with such documents, so he can be removed from the special duties mentioned above.

4. A military man at disposal does not have the right to step into the outfit.

Usually, those military men who, in terms of military position, are not lower than the company commander or are equal to the commander, enter the outfit. Based on this, it may be noted that the serviceman who is at the disposal does not have a position, respectively, he cannot enter the outfit.

5. Lack of rights to intercede on guard.

A military man at his disposal does not have the right to step into the guard, because usually at such a crucial moment one of the officers with a unit subordinate to him takes over the post. Also, a serviceman at his disposal does not have the right to a weapon (we will write about this below), and when stepping on guard, a weapon is mandatory.

6. Mandatory surrender of weapons at the command of the commander.

The commander without fail gives a command to the servicemen at the disposal (out of state) to hand over weapons to the warehouse. It is impossible to step into the outfit with someone else's weapons, as this may be illegal and there may be detrimental consequences when firing from a weapon that registered to another soldier.
Also, we have already mentioned above that special duties are rarely assigned to military personnel at their disposal, since they do not have a position, respectively, they do not have the right to enter the outfit.

7. Be sure to strictly observe the Constitution of the Russian Federation and the laws of the Russian Federation, the requirements of general military regulations, unquestioningly follow the orders of commanders and follow all the recommendations and instructions from above officials.

8. Follow all instructions and observe discipline without violating the rights of other military personnel.

9. Follow a daily routine , which will be introduced in a certain training period.

The daily routine includes:

1. Timely build;
2. Lunch;
3. Planned retirement from military service.

Also, this item can be called observance of wartime, which is regulated by the commander.

10. Mandatory daily presence at the service.

According to the Disciplinary Charter of the Armed Forces of the Russian Federation, Appendix No. 7, paragraph 1, a gross violation of the rules is absence from service, military or officer, for more than four hours, the appointed time for conducting daily services. Many manage to keep the time spent in the service to a minimum and appear only for the morning formation and after dinner. For some companies, this rule works, but if every soldier does this, then no one will fulfill their duties, respectively, no one will work either.
Therefore, we strongly do not recommend "leaving" the service and trying to deceive the commander and more senior officials. Now this is punished, since it is a violation of the Disciplinary Charter of the RF Armed Forces, Appendix No. 7, paragraph 1.

11. A serviceman is at disposal, is obliged to appear at the service at the allotted time and not violate the ten rule.

Probably, many military personnel know what the "ten" rule is, which haunts many.
The "ten" rule means that a military man does not have the right not to appear on duty for more than ten days without important reasons justifying his absence. He may refer to the fact that he has health problems or some kind of family circumstances. But! Even if this is true, and not the usual unwillingness to work, then confirmation of the words is necessary. That is, the soldier must notify the commander that he fell ill, but upon arrival at the service, it is necessary to provide a certificate from the doctor, which will confirm the fact that the soldier really had an illness.
This is reminiscent of the doctor's note that many of us brought to school after a long absence. only if at school it was the norm, then in military service for a person who more than ten days was absent from the service, they can start a criminal case .
Let's talk about the fact How will the punishment be expressed?

1) Restriction in military service for a term of up to two years, or detention in a disciplinary military unit for a term of up to two years, or imprisonment for a term of up to three years;

2) Imprisonment for up to five years.

NOTE! The only thing that can save a serviceman is ignorance of this item and absenteeism within a period of ten to thirty days for the first time and due to circumstances that have a good reason.

Punishment for non-compliance with general duties

According to the Decree of the Plenum of the Supreme Court of the Russian Federation No. 3 of April 3, 2008 “On the practice of considering by courts of criminal cases on evasion of conscription for military service and military or alternative civilian service”, paragraph 13, if a military man is serving poorly, appears every ten days (just here it is said about the game of "ten"), then he may be subject to liability and he may be threatened with exclusion from military service for a certain period, specified and discussed by the court, and the commander. The term will depend on the severity of the misconduct of the serviceman at the disposal (out of state).
That is why you need to flawlessly fulfill your duties and not try to deceive anyone, despite the fact that officers and commanders are very busy, they first of all monitor how you perform your general duties. Always remember that you must answer for all actions and words, and in the military world - bear criminal and legal responsibility!

Based on the foregoing, it can be concluded that duties of a soldier , not so scary, and some sky-high. The main activities of the military:

1. Come to the morning building;
2. Appear at the service after dinner;
3. Perform general duties (which include discipline, and this is the morning building, lunch and general duties).

As you can see, the circle closes. If you ask: " What then is included in the general responsibilities ?", then the answer will be: "What the commander will appoint."
As they say: "Everything ingenious is simple!".

The most important thing is not to try to "dodge your duties", on the contrary - try to qualitatively fulfill the tasks assigned to you and please the commander. Thus, you can postpone the dismissal from the RF Armed Forces and pull the time at your disposal.

Looking for an answer? Ask a lawyer!

Describe the situation in more detail

The question must be in Russian

Choose your region Moscow Moscow region St. Petersburg Leningrad region Altai region Amur Region Arkhangelsk Region Astrakhan Region Belgorod Region Bryansk Region Vladimir Region Volgograd Region Vologda Region Voronezh Region Jewish Autonomous Region Trans-Baikal Region Ivanovo Region Irkutsk Region Kaliningrad Region Kaluga Region Kamchatka Region Kemerovo Region Kirov Region Kostroma Region Krasnodar Region Krasnoyarsk Region Kurgan Region Kursk Region Lipetsk Region Magadan Region region Murmansk region Nenets Autonomous Okrug Nizhny Novgorod region Novgorod region Novosibirsk region Omsk region Orenburg region Oryol Region Penza Region Perm Territory Primorsky Territory Pskov Region Republic of Adygea Republic of Altai Republic of Bashkortostan Republic of Buryatia Republic of Dagestan Republic of Ingushetia Republic of Kabardino-Balkaria Republic of Kalmykia Republic of Karachay-Cherkessia Republic of Karelia Republic of Komi Republic of Crimea Republic of Mari El Republic of Mordovia Republic of Sakha (Yakutia) Republic of Northern Ossetia (Alania) Republic of Tatarstan Republic of Tyva (Tuva) Republic of Udmurtia Republic of Khakassia Republic of Chechnya Republic of Chuvashia Rostov Region Ryazan Region Samara Region Saratov Region Sakhalin Region Sverdlovsk region Smolensk Region Stavropol Territory Tambov Region Tver Region Tomsk region Tula region Tyumen region Ulyanovsk region Khabarovsk region Khanty-Mansi Autonomous Okrug Chelyabinsk Region Chukotka Autonomous Okrug Yamalo-Nenets Autonomous Okrug Yaroslavl Region Other region

Ask a Question

Am I obliged, when available, to go to shooting practice classes and do exercises?

My wife is a soldier of the border guards. In August of this year, they were put at the disposal, in view of the reduction of the post.

Question: is she (my spouse) obliged, when available, to go to shooting practice classes and do exercises?

Lawyers Answers

best answer

Irina Nikolayevna(08/22/2013 at 23:44:15)

good evening!

in accordance with Article 42 of the Federal Law "On Military Duty and Military Service", a serviceman may perform military service other than in military positions if he is at the disposal of the commander in connection with the OSHM for no more than 6 months.

Persons at their disposal are fully covered by the status of a serviceman, with the exception of the assignment of official duties to them. However, enlistment does not give a serviceman the right to ignore the duty time regulations established in the military unit and the orders given by the commander, he remains entrusted with the general and special duties of military personnel, for the failure to fulfill which he is responsible. the commander has the right to involve a serviceman at his disposal to participate in activities aimed at maintaining the military unit in combat readiness. then. Your spouse must take shooting practice classes.

Zhvakina Veronika Alekseevna(08/22/2013 at 19:11:47)

Hello, unfortunately there are no military lawyers on this forum. However, perhaps I can help you. Look at this article http://www.lawmix.ru/comm/3815/

And you better ask your question here: http://urist-help.com/index.php?topic=27.60. I hope I helped you at least a little. Good luck.

Zubkov Sergey Vasilievich(08/22/2013 at 19:29:08)

Dear Anonymous. In accordance with Article 42, Clause 4 of the Federal Law "On military duty and military service" dated March 28, 1998 No. 53-FZ, a serviceman may perform military service outside of positions if he is at the disposal of the commander in connection with organizational and staffing activities. As you can see, while at disposal, the status of a soldier is preserved. According to the Charter of the Internal Service of the Armed Forces of the Russian Federation, approved by the Decree of the President of the Russian Federation of November 10, 2007, the general duties of a serviceman include:

to be faithful to the Military Oath, selflessly serve his people, courageously, skillfully, not sparing his blood and life itself, defend the Russian Federation, fulfill military duty, endure the hardships of military service;

strictly comply with the Constitution and laws of the Russian Federation, comply with the requirements of military regulations;

constantly master the military professional knowledge to improve their training and military skills;

to be honest, disciplined, brave, to show reasonable initiative in the performance of military duty;

unquestioningly obey the commanders (chiefs) and protect them in battle, protect the Battle Banner of the military unit;

cherish military camaraderie, not sparing one's life, help comrades out of danger, help them in word and deed, respect the honor and dignity of everyone, not allow rudeness and bullying towards oneself and other military personnel, and keep them from unworthy acts;

observe the rules of military courtesy, behavior and performance of a military greeting, always be in uniform, clean and neatly dressed;

be vigilant, strictly keep military and state secrets.

Based on the analysis of responsibilities, we can definitely say: yes, I must. Shooting and other exercises (eg obstacle courses) are not job duties.

Good luck and respect to the military. Sergey. My answer is your feedback.

Vladimir Ivanovich(08/22/2013 at 19:37:39)

Good evening!

Issues of military service are regulated by the following regulations- 1) Federal Law "On military duty and military service"; 2) Regulations on the procedure for performing military service, approved by Decree of the President of the Russian Federation of September 16, 1999 N 1237.

In accordance with these regulatory enactments, military personnel placed at the disposal have a different from the general legal status, which is as follows. 1. Servicemen enlisted in the order are not subject to official duties provided for by general military charters and regulations. At the same time, the current legislation does not contain a direct ban on the involvement of military personnel enrolled in the order to perform special duties (involvement in combat duty (combat service), assignment to daily and garrison squads, involvement in the elimination of the consequences of natural disasters and in other emergency circumstances ). 2. Military personnel placed at the disposal of commanders (chiefs) are not liable for offenses related to non-performance or improper performance of official duties, since military personnel placed at the disposal do not replace military positions and they are not assigned official duties, they cannot be held accountable for failure to perform or improper performance of official duties. 3. For servicemen enlisted at the disposal, a procedure for providing monetary allowances is established, which is different from the general procedure.