Balgova Tatyana Konstantinovna (09/25/2016 at 16:04:36)
Good day!
By general rule expiration date military service a serviceman passing military service under the contract (a serviceman - contractor), i.e. The end of the contract and day of exclusion from the lists of the military unit should coincide. To this end, the situation obliges the commander (chief) to decide on the conclusion of a new contract on the passage of military service or refusal to enter into its conclusion no later than three months before the expiration of the current contract (clause 6 of Article 34 Federal Law "On military duty and military service", paragraph 8 of Art. 9 positions). The law establishes the command of a three-month period to fulfill the responsibilities for carrying out all the necessary activities with the servicemen (the production of conversations, the calculation of the servicemen of years, the passage of VKK, etc.) in order to fulfill the requirements of the Law on the timeliness of the exclusion of a dismissed serviceman from the lists of the military unit The deadline of the contract.
The soldier dismissed from military service, on the day of exceptions from the list of personnel of the military unit must be fully satisfied monetary content, Food and Bed Provision. Before holding all the necessary calculations with the servicemen, it is not excluded (paragraph 16 of Art. 34 of the Regulations) from the lists of the military personnel of the military unit.
In connection with the foregoing, it is necessary to distinguish between the deadline for the military service of military personnel - contract soldiers and the deadline for the end of the contract that may not coincide. For example, after the deadline for the contract, the dismissed soldier has the right to defer the end of military service and is not subject to exclusion from the lists of the military unit, when it is in stationary treatment, until the end of the leave (paragraph 16 of Art. 29 of the Regulation); Before carrying out all the necessary calculations with it (paragraph 16 of Art. 34 of the provisions), i.e. In exceptional cases provided for by paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military Service".
Legal standards contained in Art. 1 of the Federal Law "On the status of military personnel", Art. Art. 32, 38 of the Federal Law "On Military Duty and Military Service", Art. Art. 4, 9, 34 of the provisions, in their systemic review, the responsibility of the commander (chief) is assigned to end military service of the serviceman in cases not provided for by paragraph 11 of Art. 38 of the Federal Law "On Military Responsibilities and Military Service", issue an order to dismiss and exclude it from the lists of the personnel of the military unit no later than the end of the contract of contract, since another entails unreasonable payments and unlawful retention of a citizen in military service.
Thus, military management officials are obliged to carry out concrete actions related to the dismissal of a serviceman from military service, in various legal documents order.
The soldier - a contract soldized from military service should be excluded from the lists of the personnel part on the day of the expiration of his military service, enshrined in the contract (dismissed early - no later than the day of the expiration of his military service), and no later than a month from the day Receipts into part of the statement from the order of dismissal, except in the cases provided for by paragraphs 11 and 12 of Art. 38 of the Federal Law "On Military Duty and Military Service", paragraph 24 of Art. 34 positions. In these norms, the legislator emphasizes the difference between the legal nature of the dismissal of servicemen from military service from the dismissal of the employee, since the provision provides for the publication at the dismissal of two orders: the first - an order for the dismissal of a serviceman from military service, which is published by the appropriate official, authorized, and the second one - the order of The exclusion of a dismissed serviceman from the lists of a personnel, which is published by the commander of the military unit, where the service of a dismissed soldier is held, on the basis of and in the performance of the above order of dismissal.
orms that determine the deadlines of military service are the number of imperatively defined law, but the legislator in specially defined cases explicitly envisages the tests of other periods of activities during military service with the provision of various volumes of rights, benefits and responsibility to military personnel who have completed a contract (period of stay under Consequence, the period of staying on leave to care for the child until they reach the age of three years, etc.). This means that the timing of the military service for the call and the contract is established for all servicemen Russian Federation, and the beginning of the term, its duration, the ending cannot be changed at the request of the command, with the exception of the dismissal and early dismissal deferred by law (paragraph 11 and 12 of Article 38 and Article 51 of the Federal Law "On Military Duty and military service ").
In all other cases, the use of postponement of the military service, i.e. Increasing the period of military service after the expiration of the contract is allowed by the legislator solely in order to ensure the observance of the rights and legitimate interests of the dismissed citizen. Application by the command of delaying the end of military service in cases not provided for in paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military service, "is unlawful.
If the dismissal of the serviceman was made on legal grounds, and the rights of the dismissed soldier were violated as a result of non-compliance with the law of dismissal established by the legislation (no vacation was granted, not paid cash etc.), illegal should be recognized only the order to exclude the part of the part of the personnel part. At the same time, the dismissed soldier is restored at the military service temporarily, until the elimination of violations of its rights, since the order for his dismissal from military service, as published on legal grounds, is not canceled. This action is subject to compulsory execution, since the right to pay, leave, etc. There are only persons who are common to the status of servicemen from the date of recovery in the lists of personnel part.
The order to exclude from the list of personnel part in such cases is subject to cancellation, and after the restoration of the disturbed rights, the dismissed soldier is excluded in the prescribed manner with the publication of a new order in part. If the restored serviceman at the time of re-actual dismissal has arisen the right to receive leave, it is provided in the manner prescribed by Position As well as other types of contentment. The time frame of being restored in the personal composition of the disadvantaged military personnel with the legislator is clearly defined: until the full elimination of the permanent rights violation during the monthly period from receipt judicial decision With a message to the court about it. If during this period, the command reoperates actions (inaction) or decisions are made that violate the rights of the restored, then it is entitled to appeal the data and decisions in a military court as arising from military-administrative legal relations.
Good luck to you! Regards, Tatiana!
Posted report on dismissal at maximum age. 11/23/16 The ultimate age and the end of the contract, but in this moment I am in the military hospital at the VKD, there is no conclusion of the commission. And the head of the personnel department said that I was fired ...
How to achieve dismissal from a contract, if in terms of the insufficient number of servicemen?
Hello! I serve under the contract. Due to the service load and the absence of the weekend, I want to terminate the contract or translate into the police. But even with a big desire, our commanders do not under what conditions are not fired due to a lack of a soldier ....
What is the procedure for the dismissal of the serviceman at the end of the contract?
Hello, I am interested in such a question What is the procedure for dismissal from military service at the end of the contract What makes me payments and should I intercede on the watch, provided that I have 2 months before the end of the contract?
November 19, 2016, 18:31, Question №1446540 Alexander, Kaliningrad
How to quit at the end of the contract if my report deliberately lose?
Do not dismiss at the end of the contract, the contract ended a month ago, lose my report on dismissal, today they were still beaten because I wanted to go to the prosecutor's office, what should I do?
November 10, 2016, 13:46, question №1436759 Vladimir, Yekaterinburg
Do they give a pension to a serviceman, when dismissing until the end of the contract?
Will there be a retirement after dismissal from military service (at 47 years old), if we felt at your own 47 years, before the end of the contract for another 3 years? Calendar drill 29 and total 48 years
October 31, 2016, 03:05, Question №1425475 Vyacheslav, Petropavlovsk-Kamchatsky
How much until the end of the contract writes a report on dismissal and (or) extension?
I wrote a report on the translation to another region, I did not wait for the translation and wrote a report on dismissal for six months before the end of the contract. They called on a conversation, explained the situation, they said to write until the report for extension, if 3 months before the end of the contract would not translate ...
How to write a report on dismissal at the end of the contract?
Hello! The soldier, lieutenant colonel, I come to military service in the Moscow region, the length of the years in the calendar calculus is 24 years (in the Armed Forces since 1992), the first contract concluded until 1998, the contract ends 21 yyuna 2017-plan ...
300
cost
Question
the question is resolved
How to challenge dismissal at the end of the contract, if I was not fired on Oshm, since I am not provided with housing?
Good evening, comrades lawyers! Briefly about yourself: Military rank of Major, length of years 19 calendars. Since 2011, I am at your disposal (per staff) on Oshm. The contract ended in 2013, housing is not provided. A month ago, they offered to conclude a new ...
October 16, 2016, 20:41, question №1409781 Timur, Rostov-on-Don
Dismissal at the end of the contract
Hello! Fix at the end of the contract, I stand in the mortgage system for 4 years, dried up 11 years old calendars, can I pick up money from the account when dismissing?
October 14, 2016, 12:01, question №1407710 sergey, Komsomolsk-on-Amur
300
cost
Question
the question is resolved
During the period of what time is the report writes to dismissal or extend the contract?
For how many months, the serviceman does not later write a report to extend the contract? Thank you!
September 24, 2016, 12:31, question №1387103 sergey, Kaliningrad
How to quit at the end of the contract and recover in another military unit?
An officer. He took a home for military mortgage in May 2016. In June 2017, the contract ends. Sailing will be 9 years 10 months. I want to quit at the end of the contract and recover in another military unit! What time is needed for restoration to ...
Dismissal at the end of the contract
Good day! Please answer the question. I am a serviceman under the contract, I will pass the service in the Navy on the ship. In early October, we go to the sea at 6 months., I come to the base at the end of March, it is at least, but I have on March 28 ...
August 16, 2016, 00:19, question №1346603 Vadim Shishkov, Murmansk
ON THE. Novikov
ON THE. Novikov, Lieutenant Colonel of the Event Justice.
According to the Federal Law "On the status of military personnel" the status of military personnel is a set of rights, freedoms guaranteed by the state, as well as duties and responsibilities of military personnel established by law (clause 1).
However, there are features of the implementation of status in ensuring and restoring the violated rights of military personnel and citizens dismissed from military service, in cases of continuing military service after the end of the contract and execution of court decisions on recovery in military service.
In the practice of military management bodies, the question of the legal consequences of the military service period after the expiration of the contract and the status of a citizen restored at the military service during this period, namely:
1. Is a citizen to a military personnel after the contract of contract term, and the time period of the military service?
2. Does it apply to it after the end of the contract of contract law, benefits and obligations provided for military personnel?
3. Is this person after the end of the contract for the subject of the subject of crimes against military service and can it be criminally responsible for the crime data during this period of time?
According to the Federal Law "On Military Responsibilities and Military Service", the voluntariness of a citizen's arrival for military service is enshrined, the period during which the citizen undertakes to undergo military service, and the terms of the contract (paragraph 2 of Art. 32); The terms of the contract include the obligation of a citizen to undergo military service in the armed forces during the period established by the term contract (paragraph 3 of Art. 32).
For the correct answer to the above questions, it is necessary to consider legal nature Military service under the contract based on the principle of voluntariness to conclude a contract and the inadmissibility of abuse by commanding the right to extend the deadline for military service.
According to the Federal Law "On Military Duty and Military Service", the Contract shall enter into force on the date of its signing by an official and terminates from the date of the conclusion of a new contract, as well as in other cases (clause 4 of Article 32).
According to the Regulation on the procedure for the passage of military service (hereinafter - the Regulation), the contract period is calculated from the day (calendar date) of its entry into force (paragraph 8 of Art. 4). In accordance with paragraph 9 of Art. 4 The provisions of the Contract terminates, in particular, from the date of the exclusion of the serviceman from the lists of the personnel of the military unit when dismissing from military service, in connection with the death (death), the recognition of the missing or declaration of the dead.
As a general rule, the deadline for the military service of the military service passing the military service under the contract (the serviceman is a contractor), i.e. The end of the contract and day of exclusion from the lists of the military unit should coincide. To this end, the situation obliges the commander (boss) to decide on the conclusion of a new contract for the passage of military service or refusing to enter into its conclusion no later than three months before the expiration of the current contract (paragraph 6 of Art. 34 of the Federal Law "On Military Responsibility and military service ", paragraph 8 of Art. 9 of the situation). The law establishes the command of a three-month period to fulfill the responsibilities for carrying out all the necessary activities with the servicemen (the production of conversations, the calculation of the servicemen of years, the passage of VKK, etc.) in order to fulfill the requirements of the Law on the timeliness of the exclusion of a dismissed serviceman from the lists of the military unit The deadline of the contract.
The deadline for the military service of military service - contract soldiers, early dismissed from military service, is the day of exclusion from the lists of the personal part of the part, and the order to exclude from the list of personnel part should be published during a three-month period from the date of the report of the report indicating the base and cause of dismissal no later than a month from the date of receipt in military part extracts from the order about the dismissal of a serviceman from military service, with the exception of cases provided for by paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military Service" and paragraph 24 of Art. 34 positions.
Exception from the lists of the personnel of the military unit of a military personnel recognized by the VKK unusable for military service and in need of liberation from the performance of official duties and dismissed from military service is made no later than a month from the date of receipt by the military unit of the military-medical commission, not counting the time of finding Military personnel on vacation (release) (paragraph 15 of Art. 34 of the provisions).
The soldier dismissed from military service, on the day of exceptions from the lists of the personnel of the military unit should be fully satisfied with the established monetary content, food and broad support. Before holding all the necessary calculations with the servicemen, it is not excluded (paragraph 16 of Art. 34 of the Regulations) from the lists of the military personnel of the military unit.
In connection with the foregoing, it is necessary to distinguish between the deadline for the military service of military personnel - contract soldiers and the deadline for the end of the contract that may not coincide. For example, after the deadline for the contract, the dismissed soldier has the right to defer the end of military service and is not subject to exclusion from the lists of the military unit, when it is in stationary treatment, until the end of the leave (paragraph 16 of Art. 29 of the Regulation); Before carrying out all the necessary calculations with it (paragraph 16 of Art. 34 of the provisions), i.e. In exceptional cases provided for by paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military Service".
Legal standards contained in Art. 1 of the Federal Law "On the status of military personnel", Art. Art. 32, 38 of the Federal Law "On Military Duty and Military Service", Art. Art. 4, 9, 34 of the provisions, in their systemic review, the responsibility of the commander (chief) is assigned to end military service of the serviceman in cases not provided for by paragraph 11 of Art. 38 of the Federal Law "On Military Responsibilities and Military Service", issue an order to dismiss and exclude it from the lists of the personnel of the military unit no later than the end of the contract of contract, since another entails unreasonable payments and unlawful retention of a citizen in military service.
Thus, managers of military governments are required to carry out specific actions related to the dismissal of a serviceman from military service, in the procedure established in various legal documents.
For military personnel undergoing military service, the date of exclusion from the list of personnel of the military unit, i.e. The end of the military service is determined by the date of loss of a citizen from the military commissariat to the place of military service, except for the cases provided for by paragraphs 11 and 12 of Art. 38 of the Federal Law "On Military Duty and Military Service".
For military personnel - contract servicemen and servicemen undergoing military service, there are mandatory delay in the end of military service in cases provided for by paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military Service": Finding under investigation; Finding in captivity, in the position of the hostage, an internized; in the period of the missing absence; In the period of participation in the campaign of ships.
The soldier - a contract soldized from military service should be excluded from the lists of the personnel part on the day of the expiration of his military service, enshrined in the contract (dismissed early - no later than the day of the expiration of his military service), and no later than a month from the day Receipts into part of the statement from the order of dismissal, except in the cases provided for by paragraphs 11 and 12 of Art. 38 of the Federal Law "On Military Duty and Military Service", paragraph 24 of Art. 34 positions. In these norms, the legislator emphasizes the difference between the legal nature of the dismissal of servicemen from military service from the dismissal of the employee, since the provision provides for the publication at the dismissal of two orders: the first - an order for the dismissal of a serviceman from military service, which is published by the appropriate official, authorized, and the second one - the order of The exclusion of a dismissed serviceman from the lists of a personnel, which is published by the commander of the military unit, where the service of a dismissed soldier is held, on the basis of and in the performance of the above order of dismissal.
In the event that the command for three months before the end of the contract or after submitting to the servicemen - a contract service manager on dismissal and other reasons that gave it the right of early dismissal, does not conduct conversations, does not issue ideas and does not produce other actions provided for by the procedure dismissal, regardless of the reasons (lack of funding, own housing construction, etc., with the exception of specific cases specified in paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military Service") there is an illegal limitation of a citizen's right to dismiss from military service, which is illegal. The restriction established by the legislator, providing for the impossibility of stopping the military service of the dismissed serviceman in the absence of its consent due to the lack of housing (Art. 23 of the Federal Law "On the status of military personnel"), is mandatory only for an official who publishes an order to exclude from the list of personnel of the military unit . Thus, the commander (chief) of the military authority in which the military service under the contract is undergoing a dismissed soldier, is obliged to publish an order to exclude it from the lists of personnel no later than three months from the date of the report of the report, taking into account paragraph 8 of Art. 9 provisions because it does not have the right to defer the end of the military service.
The norms that determine the deadlines of military service are the number of imperatively defined law, but the legislator in specially defined cases explicitly envisages the tests of other periods of activity during military service with the provision of various volumes of rights, benefits and responsibility to military personnel who have completed the term of the contract (period of stay under Consequence, the period of staying on leave to care for the child until they reach the age of three years, etc.). This means that the timing of military service for the call and the contract is established for all servicemen of the Russian Federation, and the beginning of the term, its duration, the ending cannot be changed at the request of the command, with the exception of the deferred and early dismissal deferments directly provided for by law (p. P . 11 and 12, Art. 38 and Art. 51 of the Federal Law "On Military Duty and Military Service").
Based on the setled military service, it is possible after the expiration of its term, regardless of the legality of holding a citizen on it (including after the end of this period in case of early dismissal), since the legislant is enshrined both directly periods of military service and other periods equivalent to it.
However, those specified in paragraph 11 of Art. 38 of the Federal Law "On Military Responsibilities and Military Service" cases of deferred to the end of military service are established by law and generate not only rights and benefits after the service life (contract), but also responsibilities with liability in specific cases: when a serviceman is under investigation or arrest. The expiration of the contract for a military personnel under investigation or arrest is not a basis for termination of criminal prosecution.
In all other cases, the use of postponement of the military service, i.e. Increasing the period of military service after the expiration of the contract is allowed by the legislator solely in order to ensure the observance of the rights and legitimate interests of the dismissed citizen. Application by the command of delaying the end of military service in cases not provided for in paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military Service" is unlawful.
Judicial practice shows that military management authorities of law, freedom and legitimate interests of military personnel are violated not only due to the illegal use of delaying the end of military service and an increase in military service period, but also in connection with the termination of military service without sufficient reason, for example, when excluding A dismissed serviceman from the lists of the military part of the military unit without his consent to providing residential area, in the absence of violations of the terms of the contract, etc., therefore the issue of the rights and obligations of citizens restored in military service by the court decision is relevant.
In art. 23 of the Federal Law "On the status of military personnel" established an imperative requirement that in the case of unreasonable dismissal from the military service of military personnel - the contractors caused to them damages are reimbursed in full; These persons are restored at military service in the previous position and are provided with all types of contentment, lost after unreasonable dismissal. This period is included in the total duration of military service and the period defined to assign the next military rank. The legislator does not determine the restrictions for the restoration of the rights of the dismissed citizen in the form of the basis and causes of dismissal, age, the state of health, the working capacity of the citizen, and also do not establish the period of recovery, i.e. A citizen may be restored in military service, as previously dismissed due to condemnation to deprivation of freedom when sentencing, and dismissed due to the failure to comply with the terms of the contract or on other grounds, and the entire period without limitation of the statute limitations is included in the total duration of military service. From the date of unreasonable dismissal.
Incorrect understanding of the legal nature of the end of the military service period when the military service is dismissed from military service entails mistakes when making a court decision and execution by military management by the Court's decision to restore citizens - stock servicemen. In the review of the judicial practice of consideration of cases on the complaints of military personnel on actions and decisions that violates their rights and freedoms, in 1994, fundamental positions were expressed, relevant to the practice of military courts and at present, which were found their consolidation in the decision of the Plenum of the Supreme Court of the Russian Federation " Some issues applying by the courts of legislation on military duty and military service and the status of military personnel "of February 14, 2000 N 9. The 1994 review states that when permitting complaints about the illegal dismissal of military personnel (undergoing a contract for the contract as officers, Evainors, etc.) must be proceeding from the following. In cases where the dismissal from military service is recognized by the court unreasonable and the soldier is subject to restoration in military service, both orders should be declared illegal and inactive since the publication - about dismissal from military service and on exclusion from the lists of the personnel part. In this case, the serviceman is restored at military service in the previous position with the relevant legal consequences.
If the dismissal of the serviceman was carried out on legal grounds, and the rights of the dismissed serviceman were violated as a result of non-compliance with the procedure for dismissal established by the legislation (no vacation was granted, funds were not paid, etc.), only the order should be considered illegal from the list of personnel Parts. At the same time, the dismissed soldier is restored at the military service temporarily, until the elimination of violations of its rights, since the order for his dismissal from military service, as published on legal grounds, is not canceled. This action is subject to compulsory execution, since the right to pay, leave, etc. There are only persons who are common to the status of servicemen from the date of recovery in the lists of personnel part.
The order to exclude from the list of personnel part in such cases is subject to cancellation, and after the restoration of the disturbed rights, the dismissed soldier is excluded in the prescribed manner with the publication of a new order in part. If the restored serviceman at the time of re-actual dismissal arose the right to receive leave, it is provided in the manner prescribed by the Regulation, as well as other types of contentment. The time frame of being restored in the lists of the personal composition of the fired soldier by the legislator is clearly defined: until the full elimination of the permanent violation of rights over a month from the date of receipt of the court decision, with a lawsuit of this. If during this period, the command reoperates actions (inaction) or decisions are made that violate the rights of the restored, then it is entitled to appeal the data and decisions in a military court as arising from military-administrative legal relations.
In paragraph 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 14, 2000, N 9 is fixed in the principles based on the principles of equality of the parties and competition: "In case the violation of the rights of a soldier can be eliminated without restoring it in military service or in the list of personnel And himself (highlighted by the author), the soldier does not put the question of this recovery, the court makes the decision only to eliminate the violation of the violation. "
From here - a fundamental conclusion that if the dismissed soldier is excluded from the lists of the personal composition of the part with a violation of the established procedure and himself puts the question of restoring it in the list of personnel of the military unit, it should be decided only about the duty to restore it in the lists of personnel and change The exclusion date of the serviceman from the lists of the personnel of the military unit until the restoration of violated rights is fully. Since the court is not entitled to independently go beyond the requirements of the complaint and replace the subject of the dispute, then the presence of an unknown order about the dismissal of a higher officary person has no legal consequences and does not prevent the restoration of his violated rights.
If a soldier does not declare a request for restoration on military service or in the lists of personnel part, in case of cancellation of an unlawful order, the court decides on the restoration of a specific violated right (payment of payment, performance, etc.), but the serviceman is not paid Money allowance and no other payments for the period of stay in unreasonable dismissal are made. However, such a decision, the court can only take place only if the violation of the soldier's rights can be eliminated without restoring it in military service or in the lists of personnel, otherwise the court is obliged to offer the applicant on the basis of Art. 34 Specify the requirements of the complaint filed.
In the practice of the command, the question arises how to do with a citizen dismissed from military service and in reserve, but restored by the court decision in military service or in the lists of personnel in connection with the insecurity on the standards of living area or other types of contentment His dissent of the Military Service for Health, at maximum age, refusing to conclude a new contract for the passage of military service and fulfill the responsibilities of military service.
To properly resolve these situations, it is necessary to remember the imperative requirement of paragraph 11 of Art. 38 of the Federal Law "On Military Responsibilities and Military Service", where there is an exhaustive list of grounds in which the military service of a military personnel can be extended, which has expired, and paragraph 4 of Art. 32 of this law, where it is indicated that the contract ceases to force the serviceman from the list of part of the personnel part, i.e. When restoring the personal parties or military service of a dismissed soldier, the action of a previously emerged and the terminated contract is not renewed. There is such a reason to extend the serviceman of the term of the contract and military service and non-exclusion from the lists of personnel, as the inability to give a timely relying on the dismissal, including providing residential area, etc., not provided by federal legislation. The provision is allowed to enroll the serviceman at the disposal of the commander (boss) to ensure that the types of allowances are allowed without restriction by any time. (PP. "And" paragraph 2 of Art. 13).
This conclusion follows from judicial practice and requirements for restoration legislation in military service. Since paragraph 2 of Art. 32 of the Federal Law "On Military Responsibilities and Military Service" provides for the voluntariness of the military service under the contract, then when recovering in military service or in the lists of personnel, the command is not entitled to require the conclusion of the contract and laying on a restored citizen of military service.
Incorrect understanding of the legal nature of the restoration of dismissed soldiers in military service (in the list of personnel part) led to the execution of the decision of the court illegal involvement of the commander of the part to the criminal responsibility of the dismissed soldier of the reserve of the reserve V., restored by the court decision in the personal composition of the Republic of MO RUSSIA to ensure residential Square. In particular, the head of the Russian RF RUSSI, on April 19, 2001, a criminal case was illegally initiated against the Lieutenant Colonel of the stock V. on the fact of the non-appearance to the service for a period of over a month, which was terminated by the military prosecutor's office (about the trial there was a lawsuit in the journal "Right in the Armed Forces" N 2 for 2001, p. 31, the text of the decision is given in the annex to this article).
With a citizen dismissed from military service and in reserve, but restored by the court decision in military service or in the lists of personnel in connection with the insecurity of various types of contentment, including residential premises, the command is not entitled to enter into a contract without its consent, Any duties provided for for servicemen passing the military service under the contract, including to prosecute (criminal, disciplinary, etc.), since since the exclusion from the list of personnel (publication regulatory Act The order in part) occurred by a legal event - the fact of the dismissal of the serviceman, the early termination of the concluded contract and finding the status of the soldier of the reserves. As an administrative act, the order of the commander, published by the court decision on the restoration of the soldier, gives it the status of a dismissed serviceman exclusively in order to temporarily restore a citizen in military service and giving it the legal status of a dismissed serviceman to eliminate the violations of its rights taken earlier and after the dismissal of : Providing holidays, payments of the main and additional types of monetary allowances, all types of compensation payments (for food packs, for non-fermented property, for serving residential premises, for sanatorium - resort treatment, for travel to the place of vacation, etc.). At the same time, the legislator does not establish restrictions on these compensatory actions by age, the state of health, the place of work, the level of income, the composition of the family of a citizen, but clearly defines the timing necessary to restore violated rights.
Dates for the restoration of violated right by the court decision are defined in Art. 8 of the Law of the Russian Federation "On appealing to the court of action and decisions that violate the rights and freedoms of citizens" of April 27, 1993 N 4866-1 (with subsequent changes) and in Art. 239.8 GPC RSFSR: within a month from the date of receipt of the court decision, if the decision itself does not establish a different period, for example, in accordance with paragraph 3 of Art. 211 GPC RSFSR, - Immediate performance.
However, there is a monthly period from the date of receipt of the court decision, and the command does not take any measures, the executive list issued by the court and sent to the bidding service at the place of deployment of the military management body is not being implemented, as a result, a dismissed citizen is held in military service than in fact Refuses the legal realization of the right to work, in choosing a place of work, profession, wage level, etc.
Such a basis for refusing to implement the right to ensure the provision of satisfaction and non-exclusion after a month from the lists of the military unit of a citizen, who has previously restored by the court decision, has expired a contract, as a non-payment of debt on various types of contentment, as well as the impossibility of providing residential areas The place of service due to the lack of its own construction, funds for gratuitous financial assistance for its acquisition, etc., in peacetime cannot be attributed to the circumstances of force majeure.
Repeated non-exclusion of the restored serviceman from the lists of the personnel of the part after the expiration of the monthly period from the date of receipt military part Court's decisions cannot be regarded as a legitimate reason for leaving it in military service (in the lists of personnel part), entailing unreasonable payments to a citizen who is not a subject of military legal relations and is not obliged to fulfill the conditions for the previously terminated contract. Neither general nor official, nor special responsibilities of a serviceman passing a contract under the contract cannot be naked on a dismissed serviceman and a citizen restored by the court, who did not enter into a new contract.
The court, when considering a complaint of a soldier applies the law and expresses its opinion in the form of a judicial act (decisions), which has the power of the law, which under Art. The 13 GPC RSFSR is obligatory for all the subjects of controversial relations, all state and other bodies, legal entities and individuals.
The permanent improper financing of the Armed Forces of the Russian Federation does not apply to the number of emergency and unavailable circumstances (irresistible forces), the liberation debtors - the Ministry of Defense of the Russian Federation from the fulfillment of obligations to comply with the rights of military personnel, in itself does not eliminate the contractual terms of violations and cannot serve as The basis for the non-fulfillment of a court decision on the restoration of the violated rights of a serviceman or a reason for the turbidity of the funds necessary to fulfill the court decision, from higher content authorities, must also fulfill the court decision.
It must be remembered that according to Art. 13 GPK RSFSR Court decision, which has entered into legal force, must for all state and other organizations, officials and citizens and subject to execution throughout the Russian Federation. According to paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation "On some issues of the courts of legislation on military duty and military service and the status of servicemen" dated February 14, 2000 N 9, the obligation to ensure military personnel with the proposed species should be appropriate as a commander of the military unit , directly outstanding military personnel, appropriate content and all other superior bodies and officials on whom the law entrusted to the implementation of appropriate functions related to the provision of military personnel by allowing. Inadequate financing is not a basis for refusing to meet the legitimate requirements of servicemen. Cash and other costs materials The provision of these persons is the damage caused by the property of the military unit, which is subject to compensation from the guilty officials of the military department. The law excludes the possibility of attracting military personnel after the end of the contract, implementing the right of mandatory delay in the end of military service in cases provided for by paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military Service", or recovered by the court decision.
Based on the legislation on military duty and military service for a military personnel and military administration after the end of the contract, the following legal consequences may arise:
1) the contract ceases to act from the date of the expiration of the contract, regardless of the command of the command, continue military service and the refusal to dismiss (eliminate from the lists of the personnel of the military unit) of the military personnel;
2) Deferral of the exclusion of a dismissed serviceman from the lists of the personnel of the military unit without its consent is allowed to extend the period of military service in the interests of protecting its rights in the presence of exceptional circumstances provided for by paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military Service";
3) the non-exclusion of a dismissed serviceman from the lists of the military unit or failure to provide documents for the dismissal of the serviceman after the end of the contract and extension of the military service period in cases not provided for by paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military Service" is unlawful;
4) the unlawful disrepair (non-exclusion from the lists of the military part of the military unit) of the soldier, who has completed a contract (including early) or who has been restored by the court decision, provides him with the rights due to military service in full;
5) the costs of payments to military personnel, not excluded from the lists of the personnel of the military unit after the end of the contract under the termination of the exclusive circumstances provided for by paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military Service", or restored by the court decision, are unreasonable damage and are subject to recovery from the guilty officials;
6) The soldier can be criminally liable for military crimes after the end of the contract in the event of a deferment of the exclusion of a dismissed serviceman from the lists of the military unit, without its consent, when extending the military service period in the interests of the investigation in accordance with paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military Service";
7) The soldier, unlawful not submitted to dismissal at the end of the term of the contract (including early) or dismissed, but not excluded from the lists of the military unit in the absence of exceptional grounds provided for by paragraph 11 of Art. 38 of the Federal Law "On Military Responsibilities and Military Service", as well as restored by the court decision to providing residential areas and other types of collateral, is not a subject of crime against military service.
It is not allowed to bring to criminal responsibility of military personnel after the end of the contract, implementing the right of mandatory delay in the end of military service in cases provided for by paragraph 11 of Art. 38 of the Federal Law "On Military Duty and Military Service", or recovered by the court decision to ensure violated rights.
Decision
About termination of the criminal case without adoption
to production
May 15, 2001 Moscow
Art. Assistant Moscow City Military Prosecutor Colonel of Justice Pritlyak A.M., examined the materials of the criminal case against the Lieutenant Colonel of the Republic of MO RUSSIA Vorobyeva I.V.,
installed:
On April 19, 2001, a criminal case against Lieutenant Colonel Vorobyeva I.V. was initiated by the head of the central discount department. on the signs of the crime provided for, part 4 of the Criminal Code.
On April 28, 2001, the criminal case materials against Vorobyev entered the Moscow City Military Prosecutor's Office.
The study of this criminal case was established that on April 25, 2000, the order of the Chief of the Republic of MO RUSN, Vorobev was fired to a reserve in connection with a systematic and significant violation of the terms of the contract in relation to it. Before dismissing, Vorobiev appealed to the command with the report on providing him with housing until an exception from the list of personnel part. In accordance with paragraph 3 of Art. 51 of the Federal Law of 1998 "On Military Responsibilities and Military Service" on military personnel dismissed from military service according to these reasons, the rights and benefits provided for by the legislation of the Russian Federation on the status of military personnel for military personnel dismissed from military service in connection with organizational and staff activities.
According to Part 1 of Art. 23 of the Federal Law of 1998 "On the status of military personnel" Services, the total duration of military service of which is 10 years and more, in need of improving housing conditions, cannot be dismissed without their consent, due to organizational and staff activities without providing them with residential premises.
As clarified in paragraph 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 9 of 14.02.2000 "On some issues of approval by the courts of legislation on military duty and military service and the status of military personnel", military personnel who have the right to provide residential premises cannot be dismissed with Military services leaving them in the list of waiting for residential premises at the last place of service in the absence of their consent to such dismissal.
With such data, the command was to suspend the implementation of the dismissal (exceptions from the lists of part) Vorobyev from military service to clarify its willing to the housing issue, which was not done. He was fired from military service and excluded from the lists of the personnel part without providing him residential premises.
In October 2000, Vorobyev appealed to the Military Court with a complaint about the illegal actions of the command upon his dismissal.
On October 24, 2000, the Moscow District Military Court recognized as a definition of the head of the Russian Armed Forces of the Russian Federation, associated with the exception of the applicant from the lists of the personnel of the part without providing him with housing, illegal. I ordered the head of the Russian Armed Forces of the Russian Federation to cancel his orders No. 173 of April 25, 2000 and N 180 of April 26, 2000, restore Vorobyeva I.V. In the lists of the personnel of the Republic of MO RUSSIA before ensuring it in accordance with the current legislation housing.
On April 2, 2001, an order of the Chief of the Russian Federation of the Russian Federation was held, according to which Vorobyev was restored in the lists of the personnel of the part and was allowed to fulfill the duties for military service, while the contract was not extended to the passage of military service.
As follows from the decision on the initiation of a criminal case, Vorobev I.V. From the moment of the publication of the order to restore it in the lists of personnel and the assumption of official duties for service, and without good reason evade the execution of responsibilities for military service.
Taking into account the above, it should be concluded that Lieutenant Colonel Vorobiev I.V. on legal grounds dismissed from military service, with April 25, 2000, i.e. Since the publication of an order about his dismissal, lost the status of a serviceman passing the military service under the contract. By the decision of the Military Court in connection with the gross violation of the law upon his dismissal, Vorobev I.V. Restored in the personal parties of the part only to provide it with housing. The order of the Chief of the Republic of MO RF is not a regulatory act that restores Vorobyeva in military service, this order does not change its status dismissed from military service, but only restores it in the lists of the personnel of the part to ensure his violated rights. Prisoner with Vorobiev I.V. The contract dated 09/21/1998 on the passage of military service has lost its strength from the moment of its dismissal, a new contract for the passage of the sparrow military service was not.
Due to the fact that Vorobiev I.V. It is not a serviceman undergoing military service under the contract, it is not a subject of military legal relations, and therefore a criminal case against it is subject to termination on the basis of "06/13/1996 N 63-FZ
(Accepted GD FS RF 24.05.1996)
Federal Law of 28.03.1998 N 53-FZ
" "
(Accepted GD FS RF 06.03.1998)
Federal Law of 27.05.1998 N 76-FZ
" "
(Accepted GD FS RF 06.03.1998)
Decree of the President of the Russian Federation of September 16, 1999 N 1237
" "
(together with the "Regulations on the procedure for passing military service")
Resolution of the Plenum of the Supreme Court of the Russian Federation of 14.02.2000 N 9
" "
Right in the Armed Forces, N 4, 2002
Subsidation of servicemen to acquire housing, began in 2014. Such assistance from the state is often becoming the only way to acquire its own living space for the families of the military.
Subsidies of military personnel
Based on Article 15 of the Law of 05/27/1998 No. 76-FZ "On the status of military personnel", employees under the contract must be provided with housing from the state. However, there is no possibility to issue a living space of all Russian military personnel. It was for this reason that was introduced federal program To ensure the target subsidy, which can be sent to:
- Acquisition of housing, both in a new building and in the secondary housing market;
- Repayment of partial or total amount of housing mortgage loan;
- Construction of your own house.
The benefit of the housing subsidy is obvious, because now there is no need to stand in the queue for the apartment. You can also make a mortgage on an attractive interest rate Using a subsidy as an initial contribution.
How to get a housing subsidy servicemen?
According to latest news According to the housing subsidy for military personnel, the procedure for obtaining it has become simplified. First, the family needs to receive the status of needing housing or improving living conditions. Recognition of families in need of new living space is determined on the basis of Art. 51 Housing Code of the Russian Federation.
After receiving the status, the further algorithm of actions is regulated by order of the Ministry of Defense, according to which it is necessary:
- Open a bank account and apply for the accrual of subsidies to federal authorities (at the place of service or the acquisition of an apartment);
- Provide required documentsconfirming the status of additional square meters in need and a certificate of family composition;
- Get confirmation of the right to receive a subsidy (the answer comes within 10 working days);
- Wait for the decision to accrual subsidies (not more than 10 days).
Based on the decision of the executive body of the Ministry of Defense, the amount is translated to the previously announced bank account.
Who relies?
The housing subsidy is not allowed to all servicemen, but only those who managed to stand on a queue of receiving an apartment until 2005. Thus, those who stood in the queue since 2006 housing subsidy is no longer relying, but they can use the military mortgage.
Only the following military can count on military subsidy:
- Whose service life is at least 10 years;
- Do not have their own housing;
- Owners of housing whose area is less than the established norm;
- Dismissed 10 years of military service, due to deterioration of health or achieve the maximum permissible age;
- Whose service life is more than 20 years old, but there is only a service housing in the location;
- Convere military service contract until 1998.
In other cases, their families can take advantage of the program mortgage lending from the state. (You can arrange a military mortgage one of)
What apartment can be provided?
Earlier, an order was established for the issuance of apartments to each military in cases: the lack of their own dwellings, its improvement or replenishment of the family. At the same time it was necessary to become officially for the provision of a departmental apartment.
Due to the housing subsidy that has emerged by the contract, the queue has decreased at least 4 times in 2 years. Servicemen and military pensioners, as well as their families, can now choose a region to acquire or build housing.
Required documents
For registration military subsidy, It is necessary to acquire the status of in need of housing. To do this, it is enough to submit a set of documents to the executive body.
The list of documents for obtaining a subsidy servicemen includes:
- Passports of all family members who have they are;
- Certificate of service, track record;
- Extract from the house book over the past 5 years;
- Other required documents confirming the need for additional housing.
After purchasing the status of those in need, after some time interval, the payment of subsidies will follow.
Maximum size
The housing subsidy of military personnel is calculated on the basis of a special formula, where the laid dwelling area is taken into account, the cost standard in the region and the rapid coefficient.
- for a lonely military, an area of \u200b\u200b33 square meters is provided. meter
- for a couple - 42 sq. M. meter
- and for families with children, total area Calculated on the basis of relying 18 square meters. meters for each.
As for the value of the cost, then there is no value of its value, since this indicator is determined for each subject of the Russian Federation individually in the order of the Ministry of Construction of June 27, 17 No. 925 / PR. In this case, the difference in indicators is quite high, for example, the cost standard square meter housing in the capital reaches 90,400 rubles, in MO - 54,479 rubles, in St. Petersburg - 62,228 rubles, and in Stavropol Territory - 27 230 rubles.
The coefficient of service is established according to the number of calendar years of service:
- From 10 to 16 years - 1.85;
- Up to 20 years - 2.25;
- Until 21 years - 2.375.
After 21 years of service, the coefficient will be increased by 0.075, but the indicator should not exceed the values \u200b\u200bof 2.75.
The total amount of payment, according to statistics, varies from 2 to 11 million rubles, so the size of the subsidy fully corresponds to modern housing prices, and large families And they can allow themselves to afford the purchase of housing in Moscow.
*
- This calculator is based on
**
- military personnel, the total duration of military service of which ranges from 10 years to 20 years and which are indicated in paragraph 13 of Article 15 of the Federal Law "On the status of servicemen", the correction coefficient increases to 2,375 (as at a service from 20 years to 21 years)
What is a housing subsidy - ener or otherwise a lump-sum cash payment for the acquisition or construction of a residential premises (hereinafter apparent at housing) for servicemen and how to calculate it.
He also conducted a meeting of the interdepartmental group on which he agreed on the housing subsidy issues with all interested departments.
- What documentary confirmation is still at housing the military exists today.
Given the most important interest among military personnel to innovations in this crucial matter (after all, it is almost the only one who has not exceeded more benefits) We made a calculator either at the housing of the military - housing subsidy located on this page, which is based on the above-mentioned information.
Now all interested will be able to calculate subsidy - a one-time monetary payment for the acquisition or construction of residential premises
We understand that the data obtained from the EVER-housing subsidy calculator is not final and it is likely that MO and the Ministry of Finance of the Russian Federation can still adjust the order, but the military should have an idea that they are waiting for them. For its part, we promise to update the calculator so that the calculation of a one-time cash payment - a housing subsidy for the acquisition or construction of residential premises to military personnel remained relevant.
