Dismissal from military service: grounds, lump-sum allowance, provision of military pensioners

The dismissal of servicemen in the Russian Federation is carried out in accordance with the provisions of federal legislation, regulations issued by the Ministry of Defense, and in some cases - signed by the President of the Russian Federation. Officers and military pensioners who have retired or retired receive significant benefits from the state. What is the procedure for dismissing a serviceman? What state guarantees for reserve officers and retired military are established by law?

General provisions of the law on dismissal from the army

To begin with, we will study a number of general formulations of the RF legislation governing the dismissal of servicemen. Which of its provisions deserve attention in the first place?

It can be noted that in the event that officers who occupy military posts at the level of senior commanders are released from the service in the army, their dismissal is carried out in accordance with regulatory enactments signed by the president of Russia.

In the event that servicemen who have ranks before colonels or captains of 1st rank are dismissed, their dismissal from the posts in the army shall be carried out in the manner established in federal regulations.

Russian army officers are dismissed depending on their age, as well as their health status in the reserve or in retirement. In the first case, citizens are registered for military registration, in the second case , this procedure is not provided for by law.

Grounds for dismissal from the army

In accordance with the legislation of the Russian Federation, dismissal from military service is possible in the following cases:

- the officer's attainment of the age limit for the performance of his duties in the army;

- expiration of the term of conscription or contract with the armed forces;

- the presence of medical evidence that interferes with the passage of service in the army;

- Deprivation of military rank (for example, because of loss of confidence from the command);

- deprivation of liberty on the verdict of the court;

- deductions from the educational organization under the armed forces of the Russian Federation;

- deprivation of the right to serve in the army in accordance with the court's verdict;

- election of an officer to the post in the State Duma, regional parliament, municipal entity;

- termination of service in the army at a time when its activities are suspended;

- termination of Russian citizenship from an officer;

- the receipt by the servicemen of the citizenship of another state.

Early dismissal of a soldier under the contract is possible because of:

- organizational and staff events;

- the transfer of the officer to the service in the Ministry of Internal Affairs, the national guard, the fire department, other power structures;

- non-fulfillment of contract terms by servicemen;

- inadmissibility of an officer to state secrets;

- The deprivation of liberty is conditionally for an unintentional crime on the verdict of a court;

- inconsistencies in the results of participation in the tests required;

- transition of the officer to civil service;

- termination of Russian citizenship;

- the receipt by the officer of citizenship of another state;

- failure to conduct a chemical-toxicological survey;

- committing an administrative offense in the form of the use of prohibited substances without the permission of the doctor.

In some cases, the officer who serves under the contract has the right to leave the service ahead of schedule. Let us study in more detail the specifics of these legal relations.

Early termination of the contract: grounds

The contract officer gets the right to initiate early termination of military service if:

- the terms of the contract against him will be violated;

- to serve do not allow problems with health;

- there will be family circumstances that prevent the officer from serving in the army;

- he will receive a post at the level of the highest structures of executive power of a constituent entity of the Russian Federation or the status of a member of the Federation Council;

- he will be elected a deputy of the State Duma, the parliament in the subject of the Russian Federation, the municipality.

This is the order of dismissal of Russian army officers. It can be noted that the Russian Defense Minister may issue separate orders regulating the procedure for the release of servicemen from their positions. Consider one of the key legal acts of the corresponding type - Order of the Minister of Defense No. 660, adopted on October 30, 2015, regarding the regulation of the procedure for the dismissal of servicemen.

The procedure for dismissal of servicemen: regulations from the Ministry of Defense

In accordance with this source of law, the dismissal of officers from the army implies, in particular:

- development by the competent structures of the armed forces of planning documents, ensuring the work of the personnel bodies responsible for the dismissal of servicemen;

- control over the implementation of plans for the release of servicemen from their positions in the armed forces.

The plans, in accordance with which the officers are dismissed, should be sent by the personnel structures for approval to authorized officials. These documents contain information about servicemen who reach the age limit of service in the army, including those who have expired the contract signed with the armed forces after reaching the age limit of service.

The order of the Ministry of Defense No. 660 presupposes the holding by the responsible units of the armed forces of measures for the timely dismissal of servicemen. Commanders of military units, representatives of personnel structures, logistics bodies, medical services, financial structures, commissions for attestation should participate in them.

A significant amount of tasks have to be handled by the unit commander. He needs:

- in advance to find out from the serviceman the prospects for concluding a new contract with the armed forces, taking into account the length of service, the state of health, and the provision of housing;

- send a personal file of the officer who is going to leave, to the authorized body;

- to facilitate the passage of military medical examination;

- provide the officer with leave if available, as well as additional rest provided for by current regulations;

- to organize the attestation of a serviceman in cases prescribed by law;

- bring to the officer a decision on his official mission after the expiration of the contract or when he reaches the age limit of service in the army;

- Conduct a conversation with the officer about the dismissal and fix its results in a separate document in the prescribed form.

On an officer who is going to resign, a representation is also drawn up in the prescribed form. This source is included in the documents collected as part of the discharge of the military man.

The dismissal from the army in cases provided for by law entitles a person to a number of civil privileges. The procedure for granting them depends on the category of serviceman, the place in which military service took place, the grounds for the dismissal of a person from the army. So, the legislation of the Russian Federation establishes a special type of allowance for officers who quit the armed forces. Let's study their specifics.

Dismissal from the army: allowance

For servicemen who are fired from the army after reaching the age limit of service, for health reasons or because of organizational and staff arrangements, a lump-sum allowance is established for dismissal from military service. Its value corresponds to:

- 5 salaries, if the officer served in the armed forces for less than 10 years;

- 10 salaries, if the duration of service is from 10 to 15 years;

- 15 salaries, if the officer served from 15 to 20 years;

- 20 salaries, if the duration of service in the armed forces was 20 years or more.

There are also other grounds for calculating such payments - even if the officer has stopped performing military duty on grounds not consistent with those indicated above. So, if a person has been dismissed from military service under contractual relations with the army and the duration of military duty less than 20 years, then he is paid a allowance corresponding to 2 salaries. If the service period is 20 years or more, the corresponding payment will be appointed in the amount of 7 salaries.

A one-time benefit is not paid if dismissal from military service is due to:

- deprivation of the officer of military rank;

- deprivation of liberty of a serviceman on the verdict of the court;

- deductions of the officer from the educational organization in the armed forces due to lack of discipline, poor academic performance, unwillingness to attend studies;

- deprivation of the right of an officer to serve in the army on the basis of a court judgment;

- the transfer of an officer to the service in the Ministry of Internal Affairs, fire fighting service, other security agencies;

- Failure to comply with the terms of the contract;

- non-admission to state secrets;

- The deprivation of liberty is conditionally for an unintentional crime in accordance with the sentence of the court;

- discrepancies between the results of tests passed by the officer to the established requirements;

- non-compliance with restrictions, non-fulfillment of assigned duties, violation of prohibitions within the framework of military service, law enforcement agencies,

- Loss of trust on the part of the command.

Legislation of the Russian Federation guarantees a number of privileges to servicemen who are dismissed to the reserve. Let's study their specifics.

State guarantees for military reserve personnel

If the officer is dismissed to the reserve - by age, state of health or as a result of organizational and staff arrangements - he is entitled to the following privileges guaranteed by the state:

- premiums to pensions;

- assistance in resolving housing issues;

- provision of compensation for land and property taxes;

- benefits when applying to medical institutions;

- privileges when using public transport;

- privileges in obtaining education;

- Assistance in employment.

Let us study in more detail their specific features.

State guarantees for reserve officers: allowances for retirement

The servicemen of the reserve are entitled to receive various supplements to their pensions. They can be charged for different reasons. Among the main:

- bonuses to military pensioners who have dependents;

- increase in the amount of pensions paid for long-term service, appointed in the presence of a disability;

- the appointment of an increased pension to reserve soldiers who have honorary titles, such as Hero of Socialist Labor.

State guarantees for reserve officers: support for housing

The reserve officer has the right to rely on state support in solving the housing problem. The volume of this assistance will depend on many factors - on the composition of the family of the serviceman, his living space and his relatives. One of the most common instruments of state support on the issue under consideration is issuing special certificates. It is recommended to contact the competent authorities - for example, the municipalities' housing policy departments - to clarify the amount of state support for housing, as well as the procedure for issuing certificates.

State guarantees to reserve officers: tax credits

The main tax benefits for which the reserve officer has the right to claim is the state's compensation of land and property tax. Both types of payments to the budget can be calculated in a significant amount. In particular, the property tax is now determined on the basis of its cadastral value, which is usually much higher than the inventory value, on which this payment was calculated earlier. Therefore, this amount of state aid can be very appropriate for the family budget of the reserve serviceman.

Benefits for reserve officers in the field of medical care

Reserve officers who served in the army for 20 years or more have the right to receive privileges in the field of medical care, presented in a fairly wide range - their exact list should be clarified by contacting specific medical institutions or authorities to whom they are accountable. It can be noted that the grounds for dismissal from military service from the point of view of the officer's right to receive the benefits in question do not matter if the total length of service for a person is 25 years or more. Similarly, they have the right to receive warrant officers and midshipmen who have served in the armed forces for 20 years or more.

Transportation benefits for reserve officers

Servicemen dismissed to the reserve are entitled to enjoy significant benefits in the use of transport. Among the main ones is the opportunity to travel free by train, ships, airplanes to places of rest and back - once a year. In addition, if the reserve officer is required to undergo inpatient treatment for the conclusion of a special commission, his travel to the place of the relevant medical institution is also paid for by the state.

Benefits in the field of education for reserve officers

A number of other significant benefits that a reserve officer can get is an opportunity to enter without university exams. This privilege is granted if:

- a person has an incomplete higher education or a specialty obtained in a military higher education institution;

- the soldier of the reserve has a complete secondary education.

Another possibility in the sphere of education for reserve military personnel is the possibility to enter the secondary education institutions without exams if there is a corresponding military certificate or a document confirming the receipt of 9 classes of education.

It can be noted that the second higher education serviceman of the reserve in any case receives free of charge, while a similar possibility is not generally provided for civilians.

So, we examined how the dismissal of officers from military service, as well as what payments and benefits they are entitled to under the law. Consider now the privileges established by the laws of the Russian Federation for military pensioners.

Benefits for military retirees: allowances for retirement

First of all, it should be noted that in respect of citizens who have this status, pension recalculation is guaranteed on the fact of increasing the amount of allowance for certain categories of servicemen. The next significant privilege for military pensioners is the accrual of a supplement to pensions for long service, and also appointed for a disability of 100%. At the same time, the corresponding allowance should not be less than 200% of the minimum old-age pension. Note that in the event that a person receives payments from the state for outstanding achievements or services to the country, such surcharges may not be accrued.

For pensioners who are winners of the Olympic Games, a surcharge of not less than 100% of the minimum old-age pension is required.

The size of the pension can be influenced by officer ranks, the positions of officers. In addition, service may be considered in remote areas, highlands and other areas with a particular climate.

Military pension is calculated, first of all, taking into account the size of the salary of a serviceman. The procedure for calculating it is determined by separate provisions of the law. So, for example, for 20 years of service, the salary of an officer is increased by 50% without taking into account inflationary premiums, and for each subsequent year by another 3%, before reaching a mark-up to the salary of 85%.

Benefits for military pensioners: northern coefficients

If the military service of a retired person has been in the regions of the Far North for 15 years and the areas that are equal to the corresponding territories for 20 years, even when resettled in more southern areas, the military pensioner has the right to expect the preservation of the northern ratio to Pensions. True, its value is limited to a value of 1.5 units (but this in many cases is greater than the coefficient in a number of regions).

Benefits for military pensioners: Housing and communal services

Military pensioners can, according to regional legislation, have benefits when paying for housing and communal services. For example, in Moscow, there are legal acts on which the corresponding compensation is 50% of the costs for housing and communal services. A concrete list of benefits for housing and utilities, again, it makes sense to find out in the housing department of the city where the reserve serviceman lives.

Benefits for veterans of military operations

Many of the military retirees and officers discharged to the reserve have the status of war veterans. Let's consider what privileges are guaranteed for them by the legislation of the Russian Federation.

In accordance with the current rules of law, war veterans can enjoy the following privileges:

- compensation of 50% of expenses from payment for residential premises, regardless of the specific type of housing stock;

- extraordinary receipt of medical assistance in the framework of state programs;

- benefits within the framework of pensions;

- the receipt of housing from the state in the manner prescribed by law;

- the opportunity to make a vacation at a convenient time;

- training in the courses of professional retraining at the employer's expense;

- the ability to buy tickets for all types of transport out of turn;

- admission to higher and secondary schools outside the competition, as well as the opportunity to receive special scholarships, which are guaranteed by the Government of the Russian Federation.

Summary

So, we examined the procedure for dismissal from military service, established by the legislation of the Russian Federation, determined the main types of state guarantees for reserve military personnel and retired. The main ones are approved at the level of federal sources of law. But in some cases the order of dismissal from the army is regulated by orders issued by the Minister of Defense. In a number of cases, the president of the Russian Federation accepts participation in the release of officers from their posts. So, in accordance with the normative acts that are signed by him, servicemen who occupy higher military posts are dismissed.

Reserve officers, as well as those who retired, have quite a few privileges - in terms of housing, tax benefits, medical services, educational benefits. Dismissal from the army in many cases may be due to the retirement of the officer, and therefore it was also important for us to study the list of benefits and privileges for military pensioners. These are represented in a fairly wide range. Citizens in this status receive a pension that is calculated and indexed according to special rules - in particular, taking into account the northern coefficient , regardless of where the person lives after retiring from the army. The size of military pensions is determined by officer ranks, positions, places of service of citizens.

Many of the military pensioners have the status of war veterans. For them, the RF legislation also establishes a number of benefits. Thus, in the cases prescribed by law, the state pays for and provides housing to the military in the appropriate status.

Significant privileges are established by the legislation of the Russian Federation for servicemen of various categories in the sphere of education. This is an important aspect, since retraining military personnel for civilian specialties may require them to undergo additional training in educational institutions.