The dismissal of military personnel in the Russian Federation is carried out in accordance with the provisions of federal law, regulations issued by the Ministry of Defense, and in some cases signed by the President of the Russian Federation. Officers and military retirees who retire or resign receive significant benefits from the state. What is the procedure for dismissing a soldier? What state guarantees for reserve officers and retired military personnel are established by law?
General provisions on dismissal from the army
To begin with, we will study a number of general formulations of the legislation of the Russian Federation regulating the dismissal of military personnel. Which of its provisions deserve attention in the first place?
It may be noted that in the event that officers holding military posts at the level of senior command personnel are relieved of service in the army, their dismissal is carried out in accordance with regulations signed by the President of Russia.
If servicemen with ranks up to colonels or captains of the 1st rank are dismissed, their release from posts in the army is carried out in accordance with the procedure established in federal regulatory acts.
Officers of the Russian army are fired depending on age, as well as health status, in reserve or in retirement. In the first case, citizens are registered with the military, 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 if:
- achievement by an officer of the age limit for fulfilling his duties in the army;
- the expiration of the draft or contract with the armed forces;
- the presence of medical indications that impede service in the army;
- deprivation of an officer of a military rank (for example, due to loss of confidence on the part of the command);
- imprisonment by a court sentence;
- deductions from an educational organization under the armed forces of the Russian Federation;
- deprivation of the right to serve in the army in accordance with a court sentence;
- election of an officer to a position in the State Duma, the regional parliament, and the municipality;
- termination of service in the army at a time when its activities are suspended;
- termination of Russian citizenship by an officer;
- receipt by the military personnel of citizenship of another state.
The early dismissal of a soldier under a contract is possible due to:
- organizational and staff activities;
- the transfer of an officer to serve in the Ministry of Internal Affairs, the national guard, the fire service, other power structures;
- non-compliance by the military with contractual conditions;
- non-admission of an officer to state secret;
- imprisonment conditionally for an unintentional crime by a court verdict;
- inconsistencies in the results of participation in the tests required;
- transfer of an officer to the civil service;
- termination of citizenship of the Russian Federation;
- obtaining officer citizenship of another state;
- failure to undergo a chemical toxicological examination;
- committing an administrative offense in the form of the use of prohibited substances without the permission of a doctor.
In some cases, an officer who serves under a contract has the right to resign early. We study in more detail the specifics of these legal relations.
Early termination of contract: grounds
A contract officer obtains the right to initiate early dismissal from military service if:
- the terms of the contract in relation to him will be violated;
- serve do not allow health problems;
- family circumstances arise that impede the possibility of an officer serving in the army;
- he will receive a position at the level of higher structures of the executive branch of the constituent entity of the Russian Federation or status as a member of the Federation Council;
- he will be elected as a deputy of the State Duma, parliament in the subject of the Russian Federation, municipal formation.
Such is the procedure for dismissing officers of the Russian army. It can be noted that the Minister of Defense of Russia can issue separate orders regulating the procedure for relieving soldiers from their posts. Consider one of the key legal acts of the corresponding type - the order of the Minister of Defense No. 660, adopted on 10/30/2015, regarding regulation of the procedure for dismissal of military personnel.
The procedure for the dismissal of military personnel: regulations from the Ministry of Defense
In accordance with the indicated source of law, the dismissal of officers from the army involves, 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 military personnel;
- control over the implementation of plans for the dismissal of military personnel from their posts in the armed forces.
Plans in accordance with which the dismissal of officers should be sent by personnel structures for approval to authorized officials. These documents contain information about military personnel who reach the age limit for military service, including those who expire on a contract signed with the armed forces after reaching the age limit.
The order of the Ministry of Defense No. 660 involves the holding by the responsible units of the armed forces of measures for the timely dismissal of troops. The commanders of military units, representatives of personnel structures, material and technical support bodies, medical services, financial structures, certification commissions should participate in them.
A significant amount of tasks have to be solved precisely by the unit commander. He needs:
- to find out in advance from the military man the prospects of concluding a new contract with the armed forces, taking into account the length of service, state of health, and provision of housing;
- forward the personal file of the officer who is about to resign to the authorized body;
- facilitate the passage of military medical examination;
- provide the officer with leave, if any, as well as additional rest provided for by applicable standards;
- organize certification of a serviceman in cases provided for by law;
- bring to the officer a decision on his official assignment upon expiration of the contract or upon reaching the age limit for military service;
- hold a conversation with the officer about the dismissal and record its results in a separate document in the prescribed form.
An officer who is about to resign is also issued a presentation in the prescribed form. This source is part of the documents collected as part of the dismissal of a soldier.
Dismissal from the army in cases provided by law gives a person the right to a number of civil privileges. The procedure for their provision depends on the category of military man, the place where the military service took place, the grounds for dismissing a person from the army. So, the legislation of the Russian Federation establishes a special type of allowance for officers who have left the armed forces. We study their specifics.
Dismissal from the army: allowance
For military personnel who have been dismissed from the army after reaching the age limit for service, due to health reasons or due to organizational and staffing measures, a lump-sum allowance is established for dismissal from military service. Its value corresponds to:
- 5 salaries if the officer has served in the armed forces for less than 10 years;
- 10 salaries if the duration of service was from 10 to 15 years;
- 15 salaries if the officer served from 15 to 20 years;
- 20 salaries if the length of service in the armed forces is 20 years or more.
There are other reasons for calculating such payments - even if the officer ceased to fulfill military duty on grounds not consistent with those indicated above. So, if a person was dismissed from military service in a contractual relationship with the army and the duration of the military duty is less than 20 years, then he is paid a benefit corresponding to 2 salaries. If the service life was 20 years or more, then the corresponding payment will be assigned in the amount of 7 salaries.
A lump-sum allowance is not paid if the dismissal from military service occurred due to:
- deprivation of an officer of a military rank;
- imprisonment of a serviceman by a court judgment;
- deductions of an officer from an educational organization with the armed forces due to lack of discipline, low academic performance, unwillingness to go to school;
- deprivation of the right of an officer to serve in the army by a court verdict;
- the transfer of an officer to serve in the Ministry of Internal Affairs, fire service, other power structures;
- failure to comply with the terms of the contract;
- non-admission to state secrets;
- imprisonment conditionally for an unintentional crime in accordance with a court sentence;
- inconsistencies of the results of the tests passed by the officer with the established requirements;
- non-compliance with restrictions, failure to fulfill assigned duties, violation of prohibitions in the framework of military service, law enforcement agencies,
- loss of confidence on the part of the command.
The legislation of the Russian Federation guarantees a number of privileges to servicemen who are laid off. We study their specifics.
State guarantees for reserve personnel
If an officer is discharged to the reserve - by age, state of health or as a result of organizational and staff activities - then he is entitled to the following privileges guaranteed by the state:
- pension allowances;
- Assistance in solving housing issues;
- the provision of compensation for land and property taxes;
- privileges when applying to medical institutions;
- privileges when using public transport;
- privileges in obtaining education;
- Assistance in employment.
We study in more detail their specifics.
State Guarantees for Stock Officers: Retirement Benefits
Reserve personnel are entitled to receive various pension allowances. They can be accrued for various reasons. Among the main ones:
- allowances to military pensioners who have dependents;
- an increase in the size of the pension paid for the length of service, which is prescribed if a citizen has a disability;
- The appointment of an increased pension to reserve personnel who have honorary titles, such as the Hero of Socialist Labor.
State Guarantees for Reserve Officers: Housing Support
The reserve officer has the right to rely on state support in solving the housing problem. The amount of this assistance will depend on many factors - on the composition of the family of the serviceman, available to him and his relatives. One of the most common instruments of state support on this issue is the issuance of special certificates. It is recommended to clarify the scope of state support for housing, as well as the procedure for issuing certificates, to contact the competent authorities - for example, departments of housing policy of municipalities.
State guarantees to reserve officers: tax benefits
The main tax benefits that a reserve officer is entitled to claim are state compensation for land and property taxes. Both types of payments to the budget can be calculated in a substantial amount. In particular, property tax is now determined on the basis of its cadastral value, which, as a rule, is much higher than the inventory for which this payment was calculated earlier. Therefore, this amount of state assistance can be very appropriate for the family budget of the military reserve.
Benefits for Reserve Medical Officers
Reserve officers who have served in the army for 20 years or more are entitled to receive privileges in the field of medical services, presented in a rather wide range - their exact list should be clarified when contacting specific medical institutions or authorities to which they are accountable. It can be noted that the grounds for dismissal from military service from the point of view of the officer having the right to receive the benefits in question do not matter if the total length of service of a person is 25 years or more. Similarly, warrant officers and warrant officers who have served in the armed forces for 20 years or more are entitled to receive them.
Transport incentives for reserve officers
Military personnel discharged to the reserve are entitled to enjoy significant benefits in the field of transport. Among the main ones is the opportunity to travel by train, ships, airplanes to and from leisure places for free - once a year. In addition, if the reserve officer needs to undergo inpatient treatment at the conclusion of a special commission, then his travel to the place of the corresponding medical institution is also paid by the state.
Education benefits for reserve officers
A number of other significant benefits that a reserve officer can receive are the opportunity to enter universities without examinations. This privilege is granted if:
- a person has an incomplete higher education or a specialty obtained at a military university;
- the reserve soldier has a complete secondary education.
Another opportunity in the field of education for reserve personnel is the opportunity to enter secondary education institutions without examinations if you have the appropriate military certificate or document confirming that you have received 9 classes of education.
It can be noted that a reserve soldier receives a second higher education in any case free of charge, while a similar opportunity is generally not provided for civilians.
So, we examined how the officers are dismissed from military service, as well as what payments and benefits they are entitled to under the law. Now consider the privileges established by the laws of the Russian Federation for military pensioners.
Benefits for Military Retirees: Retirement Benefits
First of all, it is worth noting that in relation to citizens with this status, the recalculation of pensions is guaranteed upon the increase in the allowance for certain categories of military personnel. The next significant privilege for military pensioners is the calculation of a pension bonus for seniority, as well as 100% for disability benefits. 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 allowances may not be charged.
For retirees who are winners of the Olympic Games, an allowance of at least 100% of the minimum old-age pension is due.
The size of a pension may be affected by officer ranks, officer posts. In addition, service may be taken into account in remote areas, highlands and other areas with a special climate.
The military pension is calculated, first of all, taking into account the size of the salary of a soldier. The procedure for its calculation is determined by certain provisions of the law. So, for example, for 20 years of service, an officer’s salary increases by 50% excluding inflationary allowances, and for each subsequent year by another 3%, until a salary increase of 85% is reached.
Benefits for Military Retirees: Northern Odds
If the military service of a person who has retired has been going to the Far North for 15 years, and the areas that are equivalent to the corresponding territories, for 20 years, then even when moving to more southern areas, a military pensioner has the right to rely on maintaining the northern coefficient 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 may, in accordance with regional legislation, have benefits when paying for housing and communal services. For example, in Moscow there are legal acts under which the corresponding compensation is 50% of the cost of housing and communal services. The specific list of benefits for housing and communal services, again, it makes sense to find out in the housing department of the city in which the reserve soldier lives.
Benefits for War Veterans
Many of the military retirees and officers discharged to the reserve have the status of war veterans. Consider what benefits are guaranteed for them by the legislation of the Russian Federation.
In accordance with applicable law, war veterans can enjoy the following privileges:
- compensation of 50% of the costs of housing fees, regardless of the particular variety of housing stock;
- extraordinary medical care in the framework of state programs;
- benefits under retirement benefits;
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