Contract service. Contract service in the army. Regulations on the contract service

The federal law "On Military Duty and Military Service" allows a citizen to conclude a contract with the Ministry of Defense, which provides military service and the order of its passage. This document comes into force immediately after its signing and ceases to be valid from the moment the military serviceman enters into another similar contract, and also excludes him from the lists of the military unit. The relations of the parties connected with the passage of the contract service are regulated by special laws, regulations, as well as regulatory and legislative state legal acts.

Contract: Required information

The document includes the following items:

- Voluntary admission to military service;

- indication of the period of service;

- conscientious fulfillment of the terms of the contract, as well as all general, official and special duties;

- Observance of the rights of the serviceman and his family, compensation and social guarantees.

Some difficulties are caused by the legal nature of the contract, under which the contractual service is carried out, since the participants in military service relations, which are also of a property nature, for example, providing money and other types of allowances, do not obey civil legislation, including civil liability standards. Proceeding from this, it can be concluded that in this case, the parties that concluded such a contract can not apply such sanctions as when a civil law contract is violated.

Regarding labor relations, the leadership of the federal executive body, which provides for military service, has the right to specify the specific duties and rights of the serviceman, due to the specifics of military service in a certain territory.

Differences between the contract and the employment contract

1. The normative basis of the employment contract is the Labor Code, and the contract is subject to the Federal Law "On Military Duty and Military Service", as well as other legislative and regulatory acts.

2. The conclusion of the contract is limited to the age of 18 to 40 years.

3. The contract is strictly for a certain period.

4. The employment contract provides for stricter requirements for persons voluntarily entering the military service. First and foremost, a citizen must meet professional, psychological and medical requirements for certain military specialties, he must have a sufficient level of education, as well as good physical training.

From all of the above, we can conclude that the military contract is not part of the employment contract. This is a special agreement that has an administrative and legal basis with a clear indication of the mutual rights and obligations of the participants.

Types of contracts

At the initial receipt an initial agreement is drawn up, which is concluded with a citizen who was not previously a member of the state army in the contract service. There is a special provision on the contract service, on the basis of which new contracts are concluded with military personnel. The reason for this may be the expiration of the old contract, the transfer of a serviceman from the federal executive body to the Ministry of Defense, as well as the temporary suspension of military service.

In addition, the contract service in the army can be regulated by short-term contracts, which are concluded for special one-time tasks during periods of emergency, such as large-scale natural disasters, special state events, restoration of security, peace and constitutional order in the country, and much more. Particular mention should be made of contracts that are concluded with servicemen who have reached the age limit and who wish to remain in the ranks. It can be either original contracts or new ones.

If military personnel are trained in military educational institutions of professional, secondary or higher education, postgraduate or doctoral studies, with them the contract service is for the entire training period, as well as for 5 years after graduation. Such contracts can be primary and new.

Terms of military contracts

The contract service has its own specific period, during which the servicemen must clearly perform all the duties prescribed in the contract. After the time specified in the contract, and also in the absence of grounds for further extension, the contractor must be dismissed and on the same day expelled from the lists of the personnel of the specified military unit.

For the first time the contract is:

- with a serviceman passing conscription military service, or with a citizen who enters a military post, providing the title of sailor, soldier, sergeant or foreman for a period of 3 years;

- with a citizen of another state who enters a military position in the rank of sailor, soldier, sergeant or foreman for a period of 5 years;

- with a serviceman or a citizen who claims to be a midshipman, warrant officer or officer for a period of 5 years;

- with a soldier who receives a higher military education (for the whole period of training and for 5 years after his graduation, while the general contract service regulations can reach 10 years);

- with a citizen who has undergone special training in a higher military center and is admitted to the position of an officer for a period of 3 or 5 years;

- With a military conscript, the first contract may be for a shorter period, provided that the total duration of his presence in the army is 3 or 5 years.

Conditions of a contract

The main provisions include the following provisions:

1) a citizen is obliged to stay in the military service for a period specified in the contract;

2) servicemen should strictly observe the job description of the contract service, which is regulated by legislative and other normative documents;

3) the soldier has the right to benefits, guarantees and compensation, as well as observance of the rights (his and his family members);

4) the specifics of military service are carefully prescribed in the contract and include the terms, procedure for awarding and removing military ranks, as well as moving and promoting the soldier on the career ladder. The contract service in the army is considered completed on the expiry date of the contract.

Early termination of the contract

Early termination of the contract is possible in the following cases:

• Significant or systematic violations;
• Failure to comply with the terms of the contract;
• Organizational and staff events;
• Transition to service in the Ministry of Internal Affairs and other executive bodies;
• for health;
• for family reasons;
• The need for constant care for relatives who need it for health reasons;
• Care for a minor child who is being raised without another parent;
• The empowerment of the serviceman of the highest official state person;
• Obtaining a deputy mandate;
• Conviction of the court.

Requirements for applicants for contract service

A citizen who enters the contract military service must freely communicate in the state language, and also meet certain requirements. Medical examination of applicants is conducted according to the "Regulations on military medical examination", on the basis of which an opinion is issued on the suitability of the citizen for military service. Professional-psychological selection is carried out by specialists who make a conclusion about the professional suitability of a citizen for military service. These requirements are established by the heads of federal executive bodies or the Minister of Defense. The order for the contract service can be drawn up only after carrying out all the necessary procedures and activities, on the basis of which a positive decision on this candidate is made.

Reasons for refusing entry to the contract service

The main reasons are several:

• Absence of vacant posts that correspond to the specialty and preparation of the candidate;
• Negative decision on the results of competitive selection;
• Non-compliance with requirements;
• Conviction, serving a sentence, an unexpunged or unpaid conviction;
• A judicial decision to foreclose the right to hold military office.

It should be noted that any citizen who was refused to sign a contract service contract has the right to appeal this decision to a higher authority, prosecutor's office or court.

Application for admission to the contract service

In the application it is necessary to indicate the following information:

• Full name of the citizen, date of birth and place of residence;
• The name of the body with which it is proposed to conclude a contract;
• Estimated service life.

In addition to the application, it is necessary to show a document proving the identity and confirming citizenship, as well as a completed and signed special questionnaire, an autobiography written in an arbitrary form, certified copies of the work record and documents confirming an education. In addition, marriage certificates and the birth of children (if any) are required.

Material maintenance of military personnel under the contract

1. Cash allowance and additional payments for seniority, qualifications, work with classified materials, special conditions of service, performance of risk-related assignments, special achievements, qualification level of information and physical training, as well as annual material assistance in the amount of one salary.

2. Annual compensation of travel in both directions for servicemen of the Far North.

3. Food, clothing and housing.

4. Personal insurance.

5. Social guarantees in the field of education.

6. Payment of the lifting allowance when moving to a new duty station.

7. Social payments when performing tasks in emergency conditions and during armed conflicts.

8. Payment of a lump sum when you leave the service.

9. Carrying out of free diagnostics and treatment.

10. Free dental prosthetics.

11. Provision with necessary medications.

Contract Service 44-FZ

The regulation on the establishment of the Federal Contract Service came into force from the beginning of 2014. This law determines the mechanisms for creating such a service. The main directions of reforming the system of public procurement are personnel changes: the creation of a contract service by the customer, the appointment of a contract manager and commissions for the control of purchases. Each contract service employee must have a professional or higher education in the field of procurement, which will allow him to perform his duties qualitatively.

Why do you need a contract service? The purpose of this innovation is to implement responsibly and professionally the entire procurement cycle, from planning to obtaining a specific result. The customer himself must take care of creating the contract service, he also has the right to approve the structure of this unit and its strength.

The regulatory framework governing the activities of the contractual service of a budgetary institution

1. Constitution.
2. Federal Law No. 44-FZ.
3. Civil legislation.
4. Budget legislation.
5. Other normative legal documents.

Procedure

The complete procurement cycle includes:

• planning;
• The definition of the supplier, contractor and contractor;
• Conclusion of a contract;
• Execution of the terms of the contract;
• Claim work.

The contract service clause offers three models of its organization: with the structural unit, without it, or the appointment of a single contract manager. According to the Law No. 44-FZ, the contract service should be created by customers having an annual volume of purchases of more than 100 million rubles. If such a subdivision is not formed, it is the customer's responsibility to appoint a contract manager-an official who will be responsible for the execution of each contract and the implementation of procurement.

Regulations on the contract service, the sample of which contains clear step-by-step instructions, allows to achieve maximum efficiency in the parties' performance of their obligations under a specific contract. This law promotes transparency of trade relations between the customer, the intermediary and the executor.