Legal basis
The procedure for obtaining veteran status and types of payments are regulated by the following regulations:
- Federal Law dated January 12, 1995 No. 5-FZ. The law covers different categories of combatants, the procedure for obtaining certificates and types of social protection for veterans.
- Resolution of the Ministry of Labor dated October 11, 2000 No. 69. The document regulates the procedure and conditions for the implementation of rights to benefits for veterans.
- RF PP dated December 19, 2003 No. 763. The resolution approves the form of the certificate and the procedure for filling out the form.
- Order of the Ministry of Defense dated September 29, 2017 No. 595. The order approves the procedure for issuing certificates to veterans.
What are the features of a veteran's ID?
The certificate gives its owner certain rights. For example, to receive social assistance. The document contains information about the recipient and the rule of law on the basis of which the serviceman is recognized as a military veteran.
The numbers “1”, “2”, “3” are used to indicate the base. It is entered in the line “The bearer has the rights...”. The figure depends on what kind of military actions the person participated in.
The veteran's certificate is issued by a special commission under the Russian Ministry of Defense. If a document is lost, the veteran should also contact this authority.
On a note! If the owner identifies an error in the form, he will have to receive a new document. The old certificate must be destroyed.
Who is entitled to an additional vacation period?
According to legislative norms, additional paid vacation periods are issued only to persons who continue to serve under conscription or under a concluded contract.
After dismissal and employment, for example, in a commercial organization, this benefit is lost, since the Labor Code and federal legislation do not provide for such a vacation period for this category of workers.
At the same time, veterans retain some benefits regarding the provision of annual leave. Veterans who have the appropriate certificate have the right to:
- apply at a time convenient for them by submitting an application to their immediate superior;
- receive (the benefit is valid for those persons who have a digital mark on the right inner side of the document - the number 1 or 2 is entered).
Obtaining documentation
Procedure for obtaining a certificate:
- Preparation of documents.
- Submission of a report (application) to the commission under the Ministry of Defense of the Russian Federation (military personnel). Other citizens can also contact the military commissariat at their place of residence. The addresses of the commissions are indicated in Appendix No. 1.
The applicant must prepare:
- passport;
- military ID;
- photo 3? 4;
- evidence of participation in hostilities;
- order book (if any).
Copies of the above documents must be attached to the application. However, the veteran must have the originals with him.
The application review period is 30 days. In special cases, it can be extended for another month (clause 12 of Order No. 595 of the Ministry of Defense). The applicant will be notified separately of the decision.
If the commission refuses to issue a certificate to the applicant, he must be informed of the reason for such a decision. Usually an excerpt from the commission meeting is issued.
If the commission’s decision is positive, the personnel authority will prepare a document and issue it to the veteran. The certificate must contain the date of issue, the signature of the head and the seal of the government agency.
The certificate is registered in the accounting book and sent to the military unit, military commissariat or issued against signature to the recipient.
If the document form has become unusable, a duplicate is issued instead. Re-issuance of the certificate is made on the basis of the documents that were provided upon receipt of the original. The old form will also need to be returned.
On a note! The veteran's certificate is unlimited and valid throughout Russia.
Registration procedure
The procedure for providing additional vacation periods for veterans of military conflicts is regulated in accordance with several legislative documents:
- the status of a person and the duration of the paid vacation period are determined in accordance with the Federal Law number 76, edited in February 2021;
- other benefits are provided in accordance with Federal Law No. 5 of January 1995;
- annual paid vacation periods are issued in accordance with Article 116 of the Labor Code;
- Paid vacation can be divided into parts in accordance with Article 125 of the Labor Code;
- an unpaid additional period of rest is issued on the basis of Article 128 of the Labor Code.
It should be noted that the legislation also includes civilians who worked in the conflict territory and worked there for the entire period established for them as participants in a military conflict.
They can apply for a vacation period at a convenient time (at the employee’s request), preferential taxation and a number of other government compensations.
Regional preferences for veterans
Federal benefits apply to combat veterans in all regions. This includes exemption from paying land tax, state duty and receiving property deductions.
As for local preferences, they may differ depending on the subject of the Russian Federation. For example, in the Rostov region, veterans do not pay transport tax on cars with a capacity of up to 150 hp. With. Citizens can buy a single social travel ticket worth 287 rubles. (PP of the Rostov region dated December 17, 2020 No. 364). And also participate in programs to subsidize housing loans. Similar benefits are available in the Krasnodar Territory. Only the payment amounts or names of subsidy programs may differ.
Preferential conditions for combat veterans
Veterans have the right to improved living conditions, exemption from property taxes, sanatorium and resort treatment, transportation benefits, and a military pension. Below we will look at each privilege separately.
On a note! The Federal Law “On Veterans” applies to Russian citizens and foreigners permanently residing in the country. And also for stateless persons who belong to the category of veterans. However, citizenship or residence permit is required to receive the benefit.
Improving living conditions
Combat veterans have priority rights to housing. The procedure for providing it depends on when the person registered - before or after January 1, 2005.
As an alternative, it is possible to obtain municipal housing for temporary use under a social tenancy agreement in accordance with the general queue (Article 23.2 of the Federal Law of January 12, 1995 No. 5-FZ). The grounds for the provision of premises under a social tenancy agreement are set out in Article 51 of the Housing Code of the Russian Federation.
Additionally, veterans are entitled to priority installation of a telephone in their living space.
Privileges in the public utilities sector
Participants in combat operations are entitled to reimbursement of housing maintenance costs - 50% of all charges. However, the law does not contain restrictions on the number of family members living in the same premises with a veteran.
The calculation of the subsidy depends not only on the amount of charges for housing maintenance, but also on the status of the apartment user. For example, reimbursement of contributions for major repairs of an apartment building is provided only for premises owners. Users under a rental agreement do not make such contributions, which means they do not need to be reimbursed anything.
Exemption from property tax
A veteran is exempt from paying property taxes. The only condition is that the property is not used for business.
If the taxpayer is the owner of 2 or 3 real estate properties, then only one of them is exempt from paying tax.
Land owners have the right to reduce the tax base by the amount of the cadastral value of 600 square meters. m. (6 acres) of land. In addition to federal benefits, local tax breaks are also provided. More details about land tax rates here.
Medical and spa services
Veterans have the right to be served in the institutions to which they were assigned during their service. Reception of military personnel is carried out without a queue.
If there are medical indications, citizens have the right to priority receipt of a voucher to a sanatorium-resort organization. The duration of treatment is 18 days (Article 6.2 of the Federal Law No. 178-FZ dated July 17, 1999).
Separately, veterans are provided with prosthetics. If a person purchased a prosthetic and orthopedic product at his own expense, then he is paid compensation in the established amount. The procedure for providing IAP with prostheses is established by the Russian Federation Regulations dated 04/07/2008 No. 240.
Subjects of the Russian Federation have the right to establish a list of free medicines or the amount of subsidies for the purchase of medicines for veterans.
Transport benefits
Veterans are entitled to a range of social services. This includes free travel on commuter trains, as well as on a passenger train to the place of treatment and back (Article 6.2 of Federal Law No. 178-FZ).
Military pension
Veterans are entitled to an additional payment to their pension in the amount of 32% of the calculated amount of security (Article 45 of the Law of the Russian Federation of February 12, 1993 No. 4468-1).
This category of citizens also receives a monthly payment in the amount of 1,699 rubles, and war invalids - 3,088 rubles. (Article 23.1 of the Federal Law of January 12, 1995 No. 5-FZ).
Benefits for working combatants
Working veterans are entitled to up to 35 days of annual unpaid leave. Citizens can choose the time of rest at their own discretion.
Additionally, working combatants can undergo training at universities at the expense of the employer.
Working veterans have the right to receive a tax deduction in the amount of 500 rubles. (letter of the Ministry of Finance dated December 1, 2020 No. 03-04-06/104820).
Privileges for family members
The benefits enjoyed by a combatant also extend to his family. The living spouse and parents of a deceased veteran can take advantage of the preferences. As well as disabled persons who were supported by him and receive a pension due to the loss of a breadwinner (children, brothers).
On a note ! The list of benefits depends on the subject of the Russian Federation, the period and place of service, and whether the veteran has awards.
Support for widows of combat veterans
Social support measures for family members of deceased veterans are enshrined in law. Widows are entitled to:
- provision of housing;
- priority when joining a housing cooperative;
- priority right to purchase garden land;
- the right to receive medical care;
- compensation for the costs of maintaining the apartment and paying for housing and communal services;
- supplement to pension.
Widows of combat veterans are also entitled to assistance in the event of the death of a spouse. Payment for funeral services occurs at the expense of the state.
Additional UBI leave and work under an employment contract
Often, citizens with veteran's certificates find regular civilian jobs after service. In this situation, they are concerned about the possibility of using an additional 15-day UBI leave or receiving other privileges.
Unfortunately, as stated above, additional paid rest days are only available if the veteran is an active military member.
This list of guarantees is complete and includes all the obligations of the employer to the employee as a worker. Otherwise, their labor relations are regulated by the general norms of the Labor Code of the Russian Federation.
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15 days of additional paid leave are provided exclusively to VBD in the status of an active military personnel.
Other persons are not entitled to an increase in the number of paid vacation days. However, both active military personnel and civilians are guaranteed the choice of a convenient time to use their main leave out of turn. Additionally, unpaid leave is established for a maximum of 35 days annually. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Where to contact
The choice of organization depends on the type of benefit (assistance) received. For example, to receive a discount on housing maintenance or payment for housing and communal services, you need to contact the organization that calculates payments.
To receive a supplement to their pension, military personnel should contact their place of residence. In the “Addresses of centers” section you can find data on all Moscow branches.
To make dentures, you must contact the dental clinic at your place of registration.
Registration of tax benefits is carried out on the website of the Federal Tax Service. The necessary actions are performed through the taxpayer account.
How to apply for benefits correctly
The procedure for obtaining a specific benefit is determined by law. Having a veteran's ID is not a 100% guarantee of receiving government assistance. To do this, you need to meet certain requirements and submit documents to a government agency (PF of the Russian Federation, Federal Tax Service). You can apply for social payments at the MFC, on the Pension Fund’s website or through Gosuslugi.
How to appeal the denial of combat benefits
Refusal to provide a subsidy or other benefits can be done by a higher authority or in court.
To file a complaint, you will need a written refusal from the executive authority and documents confirming the person’s right to the benefit.
On a note! You can appeal the refusal of the Ministry of Defense commission to issue a certificate to the military prosecutor's office, the Ministry of Defense of the Russian Federation or in court.
Paperwork
To receive an unpaid vacation period of 30 days, a veteran must draw up and submit a separate application to the management of the organization or enterprise. Persons continuing to serve submit a report.
The application must contain the following points ( there is no unified form provided by law!
):
- an appeal to the manager indicating his last name, first name, patronymic and position;
- indication of the full name of the employee who compiled this document and his position;
- a brief request for additional time for rest with reference to the legislation (“Please provide me with an additional vacation period without pay on the basis of Article 16 of the Federal Law, number 5, for a period of thirty-five days from July 1, 2016.”);
- the date the document was drawn up, the employee’s signature and its transcript in words.
The application must be accompanied by a veteran's ID and documentary evidence of valid reasons, if any (optional!).
If a report is submitted to a military unit, it additionally indicates who exactly will replace the veteran during his absence. Here a request is written to provide monetary allowance for the family’s travel (the names of the members are indicated) and information about the final destination of the road is entered. If you need to compensate for the cost of the tour, this is also indicated in the document.
Further documentation takes place according to the standard scheme. The manager considers the employee’s request and imposes his own resolution on it. The personnel department prepares a standard order form, which is approved by the manager and then signed by the employee who submitted the application. Based on the completed order, the accounting department accrues and pays vacation funds (for persons continuing to serve).
