Almost every person liable for military service is concerned about the age limit for military service. The thing is that even after serving in the army, a person remains liable for military service. In peacetime, it is enough for him to sometimes come to military training, and in time of war he will have to defend his homeland. That is why people are interested in when they can be deregistered at the military registration and enlistment office. There are different scenarios for the development of events.
Age types
It's hard to believe, but being in the military service directly depends on the position of the military. In addition, this period can be divided into several components.
Namely:
- registration in the military registration and enlistment office;
- military age;
- age in the reserve.
We are mostly interested in the last point, but more on that later. First, it is worth finding out when, in general, a citizen registers with the military registration and enlistment office and is drafted into the army.
First meeting
For the first time, a visit to the commissariat by a person liable for military service (all young men of the Russian Federation are recognized as such) is planned at school. He is in grades 10-11, which is about 16-18 years old.
During military training, the boys go through a commission and get registered at the military registration and enlistment office. This is where all actions end. A person is already considered liable for military service, he is listed in the commissariat as a future conscript.
Conscription age
In Russia, the age limit for military service has recently been increased for certain categories of those liable for military service. However, such cases are rare.
The draft age in the Russian Federation lasts from 18 to 27 years inclusive. During this period, all persons liable for military service undergo a commission of the established form, receive a category of fitness for service, and are also called up to perform their duties in the Armed Forces of the Russian Federation.
Life time
How many under the law today serve on an emergency call? If we are talking about a contract basis, then the citizen will have to focus on the time specified in the contract.
Otherwise, military service lasts 12 months and no more. Used to last longer. After the expiration of this period, the person liable for military service is transferred to the reserve. And in peacetime, almost nothing connects a person with the Armed Forces of the Russian Federation. But the age limit for military service is still of interest to the population.
Ranks and ranks
It is impossible to give a definitive answer to this topic. As we have already said, in the reserve it depends on the rank and rank of the person liable for military service. Therefore, it is necessary to pay attention to many features of the legislation of the Russian Federation.
In total, there are 3 categories of the military. The higher it is, the longer you have to serve. This is quite normal.
In addition, there are 5 types of titles. They will be discussed later. One has only to remember that the higher the rank, the longer the person is listed in the military registration and enlistment office as a "reserve".
Junior
So far, the next extension of the age limit for military service in Russia is not planned. You can consider in more detail the ranks and the moment of deregistration in the commissariat.
Let's start with the junior ranks. First come midshipmen, sailors, soldiers, ensigns, sergeants and foremen. They are deleted from the row of "reserves" at 35, 45 or 50 years old at the first, second and third rank, respectively.
officers
Such people will be deregistered in the military registration and enlistment office at the age of 50-60. At the second category, a citizen loses the status of a "reserve" at the age of 55.
Captains and Majors
But that's not all. The age limit for military service for majors, lieutenant colonels, captains of the 2nd and 3rd ranks will be almost the same as for junior officers. However, it is longer.
The thing is that at the first category, a person is removed from the register at the military registration and enlistment office at the age of 55. The age limit for being a "reserve" with the second category is 60 years, and with the third - 65 years.
senior ranks
In addition, colonels and senior officers have only 2 ranks. And this greatly simplifies the search for an answer to the question we are studying.
Senior officers are discharged from the reserve at 65 and 70 years old, and the rest of those liable for military service at 60 or 65 years old. Other options for the development of events are not provided.
It is possible to deregister in the military registration and enlistment office ahead of schedule only for health reasons. As a rule, the unfit for service and the disabled are entitled to early release from military duty. This practice does exist.
Women
All the above features are relevant only for the male half of the population. After all, men are people who are considered liable for military service in Russia. Women do not have compulsory service in the army and registration with the military registration and enlistment office.
However, the sexes do meet. For them, the age limit for being in the reserve (the ranks of the reserve also affect this indicator) is 50 years. This restriction is relevant for officer ranks. The rest of the women cease to be "reserves" in the commissariats at the age of 45.
Responsibilities
What is to be done by the conscripts? Such people are considered until the moment of dismissal from the reserve. Accordingly, you will have to perform some duties.
These include:
- arrival at the military registration and enlistment office on the agenda;
- passing the commission on the agenda;
- notification of military registration and enlistment offices about changes in health or marital status;
- registration with the commissariat at the place of residence;
- deregistration in the military registration and enlistment office, if a citizen plans to leave the region for more than 3 months;
- arrival at military training;
- passage in the army.
As a rule, failure to perform these duties is an administrative violation. Only urgent draft evasion is considered a criminal offence.
About responsibility
We found out what reserve ranks are found and the age limit for the stay of those liable for military service on the register in the commissariats. What threatens a person for non-fulfillment of military duties?
Most often, you will face administrative fines of up to 500 rubles. This is the cost of evading military training or ignoring subpoenas from the military registration and enlistment office.
In case of evasion of an urgent call, a criminal case is initiated against a citizen. Under such circumstances, a person can be imprisoned for a maximum of 2 years, and then still be drafted into the army.
Conclusion
There are no plans to increase the age limit for service in Russia in the coming years. Therefore, we can assume that a citizen is considered a "reserve" until the age of 60-65. In exceptional cases - up to 70, but no more.
Upon reaching the indicated ages, it is necessary to go to the military enlistment office by registration and be deregistered. This process does not cause any trouble. After him, a resident of the Russian Federation ceases to be considered liable for military service. He will not be called up for service in wartime, he is exempted from the need to attend military training.
Thus, one should not think that the age limit for military service is limited to the draft period and military service. Even after an urgent call, you will have to fulfill your military duties.
Not only those who served, but also those who received a deferment or complete release from service.
ConsultantPlus: note.
On the dismissal of military personnel who have reached the age limit for military service, see Article 2 of Federal Law No. 64-FZ of April 2, 2014.
1. The age limit for military service is established for:
1 in ed. Federal Law of April 2, 2014 N 64-FZ)
(see text in previous)
2.1. For servicemen undergoing military service in the bodies, other federal laws may establish a stay in military service other than that provided for by this article. The provisions on the age limit for military service contained in such federal laws shall apply in cases provided for by this Federal Law, with the exception of the provisions of paragraphs 1 and 2 of this Article, as well as in other cases established by federal laws and other regulatory legal acts. Russian Federation.
(Clause 2.1 was introduced by Federal Law No. 159-FZ of June 23, 2014)
ConsultantPlus: note.
Servicemen who have reached the age limit for military service and who have entered into a new military service contract in accordance with paragraph 3 of Article 49 of this document before the date of entry into force of Federal Law No. 64-FZ of April 2, 2014, have the right to retire from military service due to age - upon reaching the age limit for military service established by this document in the version that was in force until the date of entry into force of the Federal Law of 04/02/2014 N 64-FZ (Part 3 of Article 2 of the Federal Law of 04/02/2014 N 64-FZ).
(Clause 3 as amended by Federal Law No. 64-FZ of April 2, 2014)
(see text in previous)
Article 49
The age limit for military service is set for:
Marshal of the Russian Federation, General of the Army, Admiral of the Fleet, Colonel General, Admiral - 65 years;
lieutenant general, vice admiral, major general, rear admiral - 60 years;
colonel, captain of the 1st rank - 55 years;
a serviceman with a different military rank - 50 years.
2. For female military personnel, the age limit for military service is set at 45 years.
2.1. For servicemen doing military service in the bodies, other federal laws may establish a different age than that provided for by this article, the age limit for military service. The provisions on the age limit for military service contained in such federal laws shall apply in the cases provided for by this Federal Law, with the exception of the provisions of paragraphs 1 and 2 of this Article, as well as in other cases established by federal laws and other regulatory legal acts of the Russian Federation.
3. With military personnel who have reached the age limit for military service, a new contract for military service may be concluded in the manner determined by the Regulations on the procedure for military service:
having the military rank of Marshal of the Russian Federation, general of the army, admiral of the fleet, colonel general, admiral - until they reach the age of 70 years;
having a different military rank - until they reach the age of 65 years.
Article 18
(see text in previous
Servicemen of the bodies of the federal security service from among highly qualified specialists in the length of service for the purpose of assigning a pension and calculating a percentage allowance for the length of service may be credited with the length of service of their work prior to enlistment in military service in the manner determined by the head of the federal executive body in the field of security.
(As amended by Federal Law No. 86-FZ of June 30, 2003)
(see text in previous
The time spent by employees of the organs of the federal security service on special tasks in special services and organizations of foreign states, in criminal groups is subject to credit for length of service in a preferential calculation for the appointment of a pension, the assignment of a military rank and the calculation of a percentage bonus for length of service in the manner determined by the Government of the Russian Federation.
For civilian personnel of federal security service organs, official salaries (tariff rates) are established with an increase of 25 per cent for work in federal security service organs.
(Part three as amended by Federal Law No. 49-FZ of May 7, 2002)
(see text in previous
Part four is excluded. - Federal Law of 07.05.2002 N 49-FZ.
(see text in previous
Servicemen of federal security service organs in the performance of their official duties in rural areas shall enjoy the right to travel by passing transport (with the exception of personal transport) upon presentation of an official identification card.
(Part four as amended by Federal Law No. 122-FZ of August 22, 2004)
(see text in previous
Servicemen of federal security service organs who ensure the security of transport facilities have the right to travel by train, river, sea and aircraft within the boundaries of the facilities they serve without acquiring travel documents, solely in the performance of their official duties related to ensuring the security of these facilities.
(part five as amended by Federal Law No. 122-FZ of 22.08.2004)
(see text in previous
Employees of bodies of the federal security service who use personal transport for official purposes are paid monetary compensation in the manner and amount established by the Government of the Russian Federation.
Servicemen of federal security service bodies shall install telephones at their place of residence at the current tariffs within a period not exceeding one year from the date of filing the application.
(as amended by Federal Law No. 122-FZ of 22.08.2004)
(see text in previous
Parts eight through nine are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
(see text in previous
The time spent by servicemen of federal security service organs under treatment in connection with wounds, contusions or mutilations received by them in the line of duty is not limited only if there are undeniable data on the possibility of restoring the ability to perform military service.
Part eleven is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
(see text in previous
Civilian personnel of federal security service organs, as well as children under the age of 18 of persons from among civilian personnel, have the right to medical care in military medical organizations of federal security service organs, carried out at the expense of funds allocated from the federal budget for the maintenance of federal security service organs .
Article content:
As soon as the conscription campaign for military service in the army starts in our country, statements of various public people begin to sound about the need to extend the term of military service to 18 months. They began to be exaggerated with greater force when the deputies of the State Duma developed a bill, the content of which notes the need to extend the period of military service.
What explains the need?
- the army is not fully staffed with junior military personnel;
- in connection with the demographic hole in the 90s, there will be much fewer draftees in the military registration and enlistment office, since they do not exist in nature at all;
- for training a specialist in military affairs, one year is a very short time.
But whoever studied the defense plan until 2016, which was approved by V. Putin, knows that the service life will not change. And if you look through all the documents related to the reform of the army until 2020, then there is also no information about an increase in the term of military service. The President also opposes this decision. Therefore, an increase in the service life in 2017-2018 is not expected. More than that, all deferrals from military service will not be changed and will continue to be granted under the same conditions.
Law extending the age limit for officers in military service
Russia has a strong legal base for military affairs. All legal statuses of the military are enshrined and regulated by law. The legislation of the Russian Federation clearly and unambiguously regulates all aspects of military life.
But times are changing, and with it the requirements for the army are changing. Therefore, from time to time it is necessary to cancel or adopt new laws, to make amendments to existing ones.
A law was adopted to extend the age limit for officers in military service. This bill was adopted relatively long ago. Restrictions on the age of service of officers play a large role in shaping the composition of the army. the main idea The bill is as follows: the physical qualities of a soldier decline after a certain age, this is badly reflected in the service.
Soldiers in old age in the army occupy mostly high ranks. They have the rank of colonel and above. Since these ranks are very necessary in the formation of the Russian army, it is impossible for them to be occupied by a person who cannot physically cope with these loads.
This is the main reason for the introduction of the bill. No matter how hard a soldier tries, the nature of aging cannot be deceived, and the military does not show their weakness under any circumstances. Therefore, if this law had not been adopted, many military leaders would not have resigned on time.
Of course, we can say that they have vast experience, a good theoretical reserve, knowledge of the introduction of combat, but nothing can replace physical training. Therefore, the government passed this law, which limits the age of service in the army to 60 years.
This year, the President of Russia adopted amendments to military legislation.
What exactly are these changes or additions?
- generals and admirals of the Russian army may be in the service up to 65 years;
- middle management retires at the age of 60;
- colonels and captains remain in military service until the age of 55.
From this it becomes clear that the terms of resignation have shifted by five years. But this is not the only amendment to the law, another change was adopted.
If a soldier has reached the age of retirement, he has the opportunity to extend his service in the army for five years. This amendment can only be used by admirals and generals of the Russian army. This means that they can remain in the army until the age of 70 if an additional contract is concluded with them. The extension of the contract is coordinated with government agencies. Therefore, one desire to extend the service for the general will not be enough.
The adoption of these amendments will not change the algorithm for early retirement for military personnel. Upon reaching the required number of years, any soldier has the right to retire with all privileges and payments.
The Russian government has adopted the latest amendments to military laws for several reasons.
- Life expectancy in the Russian Federation has increased, so it is not effective to retire a serviceman top management and extensive experience retired at 55 years.
- As mentioned earlier, the generals have a very large experience in work and a large stock of knowledge, so this must be used when training the younger generation.
- The government is focusing on those people who wish to join the army for a long period.
Thus, it became clear that the period of military military service until 2020 would not be attracted, and the law adopted by the Government of Russia on extending the age limit for officers in the service is aimed at effective use experienced military personnel.
1. With military personnel who have reached the age limit for military service and who have expressed a desire to continue military service, a contract may be concluded for a period of up to 10 years inclusive, but not more than they reach the age of 65 years.
2. The age limit for military service is set:
a) for the Marshal of the Russian Federation, general of the army, admiral of the fleet, colonel general, admiral - 60 years;
b) for lieutenant general, vice admiral, major general, rear admiral - 55 years;
c) for a colonel, captain of the 1st rank - 50 years;
d) for a serviceman with a different military rank - 45 years;
e) for a female soldier - 45 years.
3. A serviceman who has reached the age limit for military service, in order to conclude a new contract, submits a report on command to an official who has the right to make a decision on concluding a contract with the specified serviceman, at least six months before the expiration of the current contract.
Decisions on the conclusion of contracts with military personnel who have reached the age limit for military service, on the term of a new contract or on the refusal to conclude a contract are made:
a) for senior officers, as well as officers appointed to military positions for which the state provides for the military ranks of senior officers, by the President of the Russian Federation;
b) for colonels, captains of the 1st rank, as well as officers appointed to military positions for which the state provides for the military ranks of colonel, captain of the 1st rank - by the head of the federal executive body in which military service is provided;
c) for military personnel with a military rank up to lieutenant colonel, captain of the 2nd rank inclusive, - by officials who have the right to appoint these military personnel to their military positions.
4. If the relevant official decides to conclude a contract with a serviceman who has reached the age limit for military service and the term of its validity, the specified contract is signed by the commander (chief), who is granted the right to sign new contracts.
5. The decision to conclude a contract with a serviceman who has reached the age limit for military service is made taking into account his business qualities, as well as his state of health.
If necessary, the specified serviceman may be sent to undergo the IHC.
The conclusion of the VVK must be received by the official who has the right to make a decision on the conclusion of the contract, at least four months before the end of the term of military service of the specified serviceman.
6. The head of the federal executive body, which provides for military service, has the right to determine the categories of specialists with whom contracts can be concluded when they reach the age limit for military service.
7. For a serviceman who is doing military service in the position of the head of a federal executive body in which military service is provided for, who has reached the age limit for military service and who wishes to continue military service, the term of military service may be extended by the President of the Russian Federation, but not more than age 65 years.
8. The age limit for the military personnel of the foreign intelligence agencies of the Russian Federation to be in military service is established by the head of an independent foreign intelligence agency of the Russian Federation or by the head of the federal executive body, the structure of which includes the foreign intelligence agency of the Russian Federation, in the manner determined by the President of the Russian Federation, but cannot be less than the age limit established by the commented Federal Law (Article 17 of the Federal Law "On Foreign Intelligence").
Decree of the President of the Russian Federation "Issues of military service" dated September 16, 1999 N 1237 determined that the director of the Foreign Intelligence Service of the Russian Federation, the heads of federal executive bodies, which include the foreign intelligence agencies of the Russian Federation, when establishing the age limit for staying on the military service of military personnel of these bodies should be guided by the Decree of the President of the Russian Federation "On the procedure for establishing the age limit for the military personnel of the foreign intelligence bodies of the Russian Federation" dated April 21, 1996 N 574 (p. 2).
Decree of the President of the Russian Federation of April 21, 1996 N 574 determined that the establishment of the age limit for military service for military personnel of the foreign intelligence agencies of the Russian Federation is carried out by extending the period of their stay in military service.
Foreign intelligence agencies include not only the Foreign Intelligence Service of the Russian Federation, but also intelligence agencies that are structurally part of a particular ministry or department (for example, intelligence agencies of the General Staff of the Armed Forces of the Russian Federation, etc.).
9. The right to make a decision on the extension of the period of stay in the military service of military personnel of the foreign intelligence agencies of the Russian Federation who have reached the age limit established by the commented Federal Law is granted:
- Minister of Defense of the Russian Federation;
- Director of the Foreign Intelligence Service of the Russian Federation;
- Director of the Federal Security Service of the Russian Federation.
10. Prolongation of the period of stay in military service by the relevant officials should be carried out taking into account the qualifications, business and moral qualities, the state of health of a soldier.
11. The decision to extend the term of military service is implemented by concluding with each of the servicemen who have reached the maximum term of military service, a contract for military service for a period of one year, three years or five years in the manner prescribed by departmental regulatory legal acts.
12. Letter No. а6-1082 of March 18, 2003, No. а6-1082, issued by the Main State Legal Department of the President of the Russian Federation "On the issue of concluding contracts for military service with servicemen who have reached the age limit for military service", provides the following clarifications.
The procedure for concluding a new contract with military personnel, including those with military ranks of senior officers, as well as those appointed to military positions for which the state provides for military ranks of senior officers, who have reached the age limit for military service and who have expressed a desire to continue military service, is determined by Art. 49 of the Federal Law "On military service and military service" and art. 10 of the Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation "Issues of military service" of September 16, 1999 N 1237.
Decisions on the conclusion of contracts with senior officers, as well as officers appointed to military positions for which the state provides for the military ranks of senior officers who have reached the age limit for military service, on the term of a new contract or on the refusal to conclude a contract are made by the President of the Russian Federation.
The specified military personnel who have reached (reaching) the age limit for military service, for the conclusion of a new contract, submit a report on command with an appeal to the President of the Russian Federation on the decision to conclude a contract with them, at least six months before the expiration of the current contract.
If the President of the Russian Federation decides to conclude a contract with these military personnel and its validity period, the specified contract is signed by the commander (chief), who is granted the right to sign new contracts.
According to paragraph 1 of Art. 38 of the said Federal Law, the period of military service for servicemen undergoing military service under a contract is determined by the period specified in the contract for military service. In accordance with paragraph 3 of Art. 3 of the Regulations on the Procedure for Passing Military Service, the term of military service expires for military personnel serving under a contract on the corresponding month and day of the last year of the contract term, or on the corresponding day of the last month of the contract term, if the contract was concluded for a period of up to one year.
Based on this requirement, paragraph 7 of Art. 9 of the Regulations on the procedure for passing military service, it is determined that with a serviceman whose term of the previous contract ends, a new contract is concluded on the day following the day the term of the previous contract expires.
Thus, as a general rule, the report and materials on the conclusion of a new contract with the military must be received by the President of the Russian Federation in such a way that the conclusion of a new contract in accordance with the order of the President of the Russian Federation is carried out by the relevant official on the day following the expiration date of the previous contract .
However, in a number of cases, the order of the President of the Russian Federation on the conclusion of a contract with a serviceman who has reached the age limit for military service is issued later than the expiration of the term of the previous contract for this serviceman. In these cases, when concluding a new contract with a serviceman, it is necessary to be guided by paragraph 4 of Art. 32 of the Federal Law "On Military Duty and Military Service", in accordance with which the contract for military service terminates from the date the military serviceman concludes another contract for military service, the serviceman is excluded from the lists of the military unit, as well as in other cases established by federal laws.
Based on the provisions of paragraph 4 of Art. 32, art. 49 of the Federal Law "On Conscription of Military Service" and Art. 10 of the Regulations on the Procedure for Passing Military Service, a contract with a serviceman in these cases should be concluded not from the date of expiration of the previous contract, but from the date of entry into force of the relevant order of the President of the Russian Federation.
Military personnel are subject to dismissal on the grounds provided for in Art. 51 FZ No. 53 of March 28 1998 "On the military ..." (hereinafter - the Law).
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Among other grounds, the Law provides for dismissal upon reaching a certain age.
Legislation
Legislative regulation is carried out:
| Normative act | For which categories is the age limit regulated? |
| Law | military personnel |
| Federal Law No. 40 dated April 3. 1995 “On federal…” (hereinafter – Federal Law No. 40) | FSB officers |
| Federal Law No. 342 dated November 30. 2011 “About the service…” | Employees of the Ministry of Internal Affairs |
| Federal Law No. 141 dated May 23, 2016 “On Service…” | Employees of the State Fire Service and the Ministry of Emergency Situations |
| Federal Law No. 79 of July 27, 2004 “On the State ...” | civil servants |
Definitions
Dismissal upon reaching the age limit - the procedure for the annulment of a contract with a military man or an employment contract with a civil servant due to the employee reaching a certain age, provided for by the relevant federal law.
basic information
Special federal laws establish provisions on the age of citizens, upon reaching which labor relations are terminated.
Basically, the age limit depends on the special military rank. For example, Art. 16.1. Federal Law No. 40 sets the age limit for FSB employees:
Employment principles
Based on Part 1 of Art. 2 of the Law, military service is recognized as a special type of federal public service.
And this means that the subjects of the Russian Federation are not entitled to establish their own conditions, terms, place and procedure for performing military service. All this is determined at the federal level.
Basic principles of employment of military personnel:
- the right to conclude a contract is given not only to citizens of the Russian Federation, but also to foreigners who meet all other requirements (part 1 of article 32 of the Law);
- a citizen choosing to serve under a contract has the right to choose the type of military formation (the requirement does not apply to conscripts);
- after the conclusion of the contract, the military may be transferred to another locality or another branch of the military in the manner prescribed by Art. 44 of the Law and Decree of the President of the Russian Federation No. 1237 of 16 September. 1999 “Questions…” (hereinafter referred to as the Decree);
- in relation to each military man upon reaching a certain length of service, disability or other pension grounds, the issue of assigning a pension is considered in accordance with the Law of the Russian Federation No. 4468-1 of February 12. 1993 "About the pension...".
Termination of employment relationship
Termination of labor relations is carried out in the manner prescribed by Section 7 of the Law (Art. 50 - Art. 51.1.).
Main nuances:
- senior officers are dismissed by the President of the Russian Federation, the rest - in the manner prescribed by the Decree;
- the procedure for dismissal upon reaching the age limit provides for dismissal, in other cases - to the reserve or with military registration;
- the contract can be terminated, including ahead of schedule (part 3 of article 51 of the Law - for example, for family reasons or when the VVK is recognized as limited fit).
Foundations
In Art. 51 of the Law indicates the grounds for the occurrence of which dismissal is carried out:
- reaching the maximum age for military service;
- expiration of the contract or term of military service;
- assignment to the military within the framework of the military military service of the fitness category “D” or “B”;
- deprivation of military rank in the manner determined by Art. 48 of the Law;
- due to loss of trust;
- upon entry into legal force of a court verdict on the imposition of a military punishment in the form of imprisonment (including conditional) for an intentional act;
- in case of expulsion from the military educational organization or an educational organization that has a military department (Art. 20, Art. 20.2 of the Law);
- in the event of the entry into force of a court verdict depriving a military man of holding certain positions;
- election of a military deputy to the State Duma or a deputy legislature subject of the Russian Federation;
- termination of Russian citizenship and acquisition of a foreign one.
Timing
In addition to the general grounds, there are also reasons for the appearance of which early dismissal is carried out:
- OShM (organizational and staff activities);
- transition from military service to the Department of Internal Affairs, the Russian Guard, the State Border Service, the establishment of the penitentiary system;
- in connection with non-fulfillment of the requirements of the concluded contract;
- in case of refusal of admission to the state. secret;
- upon entry into force of a court verdict on conditional conviction for a crime committed through negligence;
- upon failure to pass the probationary period in the manner prescribed by Art. 34.1. Law;
- in case of non-compliance with the requirements specified in Part 7 of Art. 10 and Art. 27.1. Federal Law No. 76 of May 27, 1998 “On the status of ...” (for example, when carrying out military business activities, when receiving income from publications and speeches, if they are directly related to military service);
- in connection with the transfer to the federal civil service;
- in case of refusal to undergo mandatory chemical and toxicological examinations for the presence of narcotic substances in the body.
Based on paragraph 12 of Art. 34 of the Decree, dismissal on the grounds for which it is not required to obtain mandatory consent to dismissal is carried out by the command of the corresponding military unit without a report from the serviceman.
Other grounds for which consent to dismissal is required require the provision of a report.
So, by virtue of paragraph 3 of Art. 34 of the Decree, a military man who has reached the age limit, if he wishes to conclude a new contract in the manner prescribed by Part 3 of Art. 49 of the Law, must submit a report on the command of the official who decides personnel matters, no later than 6 months. before the expiration of the current contract.
Below is a sample report:
Dismissal upon reaching the age limit
Part 1 Art. 49 of the Law regulates the age limit, depending on the military rank:
Exceptions
The military is granted the right to conclude a new contract already upon reaching the above age, up to the achievement of:
What are the payments
A military man, upon dismissal by age, has the right to apply for:
- lump sum allowance;
- financial assistance;
- bonus payments;
- payments upon recognition as unfit according to the results of the VVK.
Lump sum
Based on part 3 of Art. 3 FZ No. 306 of November 7. 2011 “On monetary ...” (hereinafter - Federal Law No. 306), the amount of the lump sum payment depends on the length of service under the contract:
- if less than 20 years old, an allowance in the amount of 2 salaries is paid;
- if over 20 years - in the amount of 7 salaries.
In accordance with part 5 of the same article, if the military was awarded the state award of the Russian Federation during the period of service, the amount of the allowance is increased by another 1 salary.
Part 4 of the same article indicates the grounds for non-payment of benefits, in particular, upon dismissal:
- by a court verdict of deprivation of liberty;
- upon deprivation of military rank;
- in connection with expulsion from a military educational organization, etc.
Other payments
If at the time of termination of the contract the military was filling a certain position, and a bonus was awarded to him, it will be paid along with the monetary allowance for the current month of service.
The amount of bonuses and the procedure for their payment are regulated by the provisions of the Order of the Ministry of Defense No. 2700 of December 30. 2011 “On Approval…” .
Based on clause 77 of this Order, the amount of the bonus cannot be more than 3 salaries.
Contractors, in general, are paid a bonus in the amount of no more than 25% of the salary in any particular month (including the month of dismissal).
Material aid
The military is provided with annual material assistance, the amount of which cannot be higher than the official salary assigned for the rank and position.
To receive assistance, a report is submitted to the commander with the appropriate petition. If this year has already received a mat. assistance, upon dismissal, it will not be paid.
Recognized as unfit
If the VVK is recognized as unfit for military service, dismissal is carried out on the basis specified in paragraph “c” of Part 1 of Art. 51 of the Law.
In this case, the following payments are accrued:
- unpaid at the time of recognition of monetary allowance in the manner approved by Art. 2 FZ No. 306;
- compensation for unused vacation;
- payment of sick leaves;
- allowance in the amount of 2 or 7 salaries - depending on the length of service under the contract;
- premium (if any);
- mat. assistance (if it has not yet been paid in the current year).