Such a part of Russian citizens as military personnel have a number of special rights and obligations. All this develops into a separate status, which is assigned to each person with military functions in the manner prescribed by law. The federal law "On the status of military personnel" will be examined in detail in this article.
Status Characteristic
According to article 1 of the Law "On military personnel", status refers to the totality of guarantees, rights, freedoms and elements of responsibility of persons liable for military service. The status should be fixed by the basic law of the country, as well as federal and other regulatory acts. As you know, military personnel must fulfill their responsibilities in preparing for the armed defense of the Russian Federation. At the same time, the special nature of the functions required to perform involves the provision of a series of military compensation and guarantees.
The status of a person liable for military service is confirmed by a special certificate, which must be carefully stored. According to the existing document, military personnel have the ability to carry, store and use weapons.
Which citizens have military status?
Article 2 of the Federal Law "On the Status of Military Personnel" sets forth the main provisions in accordance with which persons who may have the status in question are determined. Here's who belongs to the military category:
- midshipmen, warrant officers, officers, cadets, foremen, soldiers and sailors who carry out military service on conscription;
- all the same persons, but performing the service according to the concluded contract.
In accordance with the Federal Law "On the Status of Military Personnel", a contract is a special document that must comply with the provisions of the law. The contract fixes the dates during which a person will perform military service.
The status of a soldier can have both Russian citizens and foreign. In the case of the latter category of persons, a specialized contract will be concluded. At the same time, both Russians and foreigners are given the same guarantees and compensations, which will be discussed later.
Legal and social protection of the military
Article 3 of Law No. 76 of the Federal Law "On the Status of Military Personnel" legally enshrines the basic guarantees for the protection of persons liable for military service, as well as their family members. It is worth noting that in the Russian Federation there is a unified system of guarantees, which, however, takes into account the position, rank, as well as the total length of service. Legal protection of the military is the most important function of the state.
What is the social protection of the military made up of? Here are some things to watch out for:
- the protection of life and health of the military;
- improvement of institutions and mechanisms of social protection;
- realization of rights, guarantees and compensations by military bodies of state power.
The Federal Law "On the status of military personnel" prohibits restricting the considered category of persons in their freedoms and rights. And what kind of rights do the military have?
Rights and freedoms of military personnel
According to chapter 2 of the normative act under review, citizens performing military service have the right to protection of their own honor and dignity. Each military has the ability to move freely and choose any place of residence. And this applies to both military personnel and those already dismissed.
Freedom of speech is also an essential right of the military, but in a somewhat special way. Thus, liable citizens should not criticize or discuss the orders of their commander. In their free time, the military has the right to take part in marches, rallies, pickets and demonstrations.
The military, as well as any other Russian citizens, remains the right to freedom of religion and conscience. At the same time, the considered category of persons cannot refuse to fulfill legal orders for religious reasons. Another right of military personnel is the opportunity to participate in the affairs of the state and society. The military has the right to vote freely, to participate in a referendum, to create trade unions, etc.
Chapter 2 of the Law on the Status of Military Personnel also refers to the right to work, rest, housing, health care, education, dismissal, the implementation of mail, cultural education, and much more.
Military Responsibilities
Article 26 of the law in question provides the most general obligations of persons liable for military service:
- strict observance of the basic law of the state;
- the duty to cherish military honor and be faithful to the oath;
- improvement of military skill;
- discipline;
- keeping military secrets.
It is worth noting that for each person with a particular rank, the responsibilities will be slightly different. The higher a person stands in the military hierarchy, the more he will have powers and professional duties. This is evidenced by Article 27 of Law No. 76 “On the Status of Military Personnel”.
Military responsibility
A soldier is a special citizen. The presence of his special status implies both a series of prohibitions, restrictions and duties, as well as extensive responsibility. It is worth noting that the responsibility lies with the military in a special way - not through ordinary courts, but through special, military proceedings. The highest judicial instance for the military will be the military collegium, which is part of the Supreme Russian court system.
A person liable for military service may be brought to administrative, material, civil or even criminal liability. However, the most common type of sanction is disciplinary action. In all cases, a citizen who exercises military duties has the right to a lawyer, the presentation of evidence, the involvement of witnesses, etc.
The grounds for holding a member of the military accountable are quite simple. As is the case with any other citizens, this is the presence of guilt and evidence indicating a person’s involvement in a violation of the law.
On dismissal from service
Article 23 of Federal Law No. 76 “On the Status of Military Personnel” enshrines the right of persons liable for dismissal. The main reasons for leaving the service are reaching the retirement age for seniority, inadequate health (for example, disability), serious misconduct or misconduct. Unjustifiably dismissed military men have the right to appeal against decisions of their leaders in court.
Citizens dismissed from service have the right to receive the following elements of social protection:
- employment assistance;
- set off the duration of military activity in the total working experience;
- the primary opportunity to stay at work while reducing staff;
- benefits for military children (related to education, trips to camps, etc.).
Dismissed for health reasons, the military also has the right to receive monetary compensation in the amount of the paid land tax and property tax.