How to resign from contract service early and quickly: reasons, procedure for leaving the Armed Forces, if a military man does not want to be in the army, also why can the contract be terminated?

The dismissal of a serviceman from a contract at his own request is regulated by law, according to which a contract concluded with a person can be terminated early if there are good reasons. The procedure for terminating obligations on this basis is complex and lengthy. A person undergoing military service must decide on the reason why termination of the contract is necessary.

The legislation establishes a more complex and lengthy procedure for the dismissal of military personnel on their own initiative, in comparison with the termination of obligations on this basis for ordinary citizens. This is due to the specifics of the activity and the special status of persons serving in the RF Armed Forces under a contract. If you wish to terminate the contract, you must follow the procedure regulated by law.

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Can a contract employee resign early?

According to Art. 51 Federal Law of the Russian Federation No. 53 early retirement from military service is possible:

at your own request;
at the initiative of the commander;
due to circumstances that arise that do not depend on the will of the employee and his command.

Federal Law of the Russian Federation No. 53 establishes methods of dismissal from service:

in reserve until reaching the age limit;
resign upon being declared unfit for service or reaching the age limit.

also possible to terminate military service due to a criminal conviction. Data about this is entered into the military ID and personal file.

You can find out more about the grounds for resigning here.

Military personnel who entered service under a contract instead of a fixed-term service, after early dismissal, can be sent to conscription service.

Who does the law apply to?

For all those who were not included in the previous bill and did not manage to quit before January 7, 2021. Service members who have had their three-year or five-year contracts automatically renewed and have already served 18 months from the renewal date can write a letter of resignation.

Expert opinion

Kuzmin Sergey Yaroslavovich

Lawyer with 8 years of experience. Specializes in the field of civil law. Legal expert.

Military personnel who signed a contract before the end of the special period and have already served 24 months, also write a report. Well, of course, if you want.

If you want to remain in the Armed Forces of Ukraine, this does not concern you.

Reasons

According to the age limit. Dismissal on this basis means that at the end of the contract with a soldier serving under a contract, it is not expected to be extended due to the citizen reaching a certain age:
colonels and captains of the 1st rank - 50 years;
generals and vice admirals - 55 years;
admirals, marshals, senior ranks of generals - 60 years.
For health. This basis allows you to retain all due payments and benefits. Before writing a report on dismissal, a serviceman should undergo a military examination and obtain a medical certificate confirming the presence of:
- war trauma;

The list of diseases is defined in the Regulations on Military Medical Examination, approved by Decree of the Government of the Russian Federation No. 565. Depending on the severity of the disease, a serviceman is assigned a category, on the basis of which the citizen is transferred to the reserve or resigns.

At the end of the contract. The service relationship is terminated automatically. If a citizen wishes to continue military service, he is obliged to notify the command four months before the expiration of the contract. He is entitled to all basic and additional payments.
For other reasonsthat impede military service:
Loss of trust in a serviceman - the grounds are listed in paragraphs. "d. 1" and "d. 2" art. 51 Federal Law of the Russian Federation No. 53.
Election as a deputy.
Changing citizenship of subordinates. If the position can be filled by employees with the rank of sergeant major and below, the decision is made at the discretion of the commander.
At the initiative of the commander. Regulatory acts allow the dismissal of a subordinate for the following reasons:
abolition of the position of military personnel;
refusal to obtain access to state secrets or deprivation of access;
court verdict of suspended imprisonment for a reckless crime;
violation of the requirements related to military service provided for in paragraph 7 of Art. 10 and art. 27.1 Federal Law of the Russian Federation No. 76;
refusal to take drug tests;
committing an administrative offense related to drug use.
For non-compliance with the terms of the contract by military personnel. Early dismissal is provided for persons who have committed gross violations of the conditions of service. The commander can terminate the contract with a subordinate who has committed misconduct repeatedly. Termination of an official relationship is possible in two ways:
based on the results of the certification commission.
At your own request. To terminate a contract on this basis, valid reasons are required, which include:
- moving to permanent residence abroad;
relatives of a serviceman require constant care, which only he can provide;
complicated pregnancy of a military personnel;
the spouse is transferred to serve in another area;
obtaining a government position;
inconsistency between the position and the education received.

The circumstances for dismissal at will can be directly stated in the law (clause 3 of article 51 of the Federal Law of the Russian Federation No. 53). If the circumstances are not specified in the law, but interfere with the performance of service, you need to obtain the conclusion of the certification commission (clause 6 of article 51 of the Federal Law of the Russian Federation No. 53). The final decision is made by the commander. He has the right not to terminate the contract with the employee even if there is a commission conclusion (clause 46 of the PPVS dated May 29, 2014, No. 8).

Regardless of the grounds and initiator of dismissal, the decision is made by the unit commander.

We are drawing up a report for dismissal from the ranks of the RF Armed Forces

Expert opinion

Kuzmin Sergey Yaroslavovich

Lawyer with 8 years of experience. Specializes in the field of civil law. Legal expert.

At the moment, you can terminate a contract in the army at your own request only if there are good reasons for this. In this case, a special certification commission will consider the possibility of dismissal.

It should be noted that the list of such reasons is not listed anywhere by law, so when dismissing, it is worth writing in the report about the real reasons that prompted you to interrupt your service. And they will be considered by the commission at its discretion.

The report requires the following information:

Personal data of the person undergoing military service;
The resignation letter itself;
State the reason;
Information about the military unit to which the contract soldier is assigned;
Full name of the commander to whom the petition is being written;
Length of service;
Is service housing used?
Request for provision of payments and benefits upon dismissal.

How to quickly leave the army for a contract employee: procedure

Early dismissal of junior officers is carried out by the commander-in-chief of the branch of the Armed Forces of the Russian Federation, the commander of the troops of the military district, and officials equal to or higher than them. The procedure for dismissing a military personnel is regulated in Decree of the President of the Russian Federation No. 1237 and in Art. 23 Federal Law of the Russian Federation No. 76.

Collection of necessary documents for early dismissal depending on the grounds for dismissal (medical report from the Military Medical Commission, certificates of the health status of a relative, etc.).
Writing a report addressed to the unit commander indicating the reasons for leaving with references to regulations.
Conducting a conversation with the commander about the reasons for dismissal and drawing up a protocol, which is then attached to the personal file. It reflects information:
military experience;
medical report from the IHC;
need for housing;
requests from the person leaving.
The unit commander begins collecting documents to determine the total length of military service of the retiring person. The final value is announced to the subordinate. If there are no objections, all documents are transferred to the certification commission.
The commission reviews the documents received and makes a decision within seven days. It is not final, but advisory in nature. The result is recorded on the serviceman’s attestation sheet.
Based on the report and decision of the commission, the commander makes a decision on dismissal or refusal.
If the decision is positive, the unit commander draws up an order, the procedure for removing the citizen from the lists of the Armed Forces begins, and issues of monetary, material, and housing support are resolved.
An order is passed to remove the serviceman from the lists of the military unit.
On the last day of service, the serviceman is paid the required payments and compensations, and documents are issued.

In case of early dismissal on the initiative of the unit commander, the dismissal procedure remains the same, with the exception of the clause on writing a report to the dismissed person.

When terminating service at the end of the contract, drawing up a report is not necessary.

It has been established who has the right to dismiss a serviceman:

senior officers are dismissed by presidential decrees;
colonels, captains of the 1st rank, employees transferring to serve in internal affairs bodies - heads of bodies in which military service is provided;
other military personnel - officials who are authorized to appoint military personnel to military positions;
early dismissal of junior officers is carried out by the commander-in-chief of the branch of the RF Armed Forces, the commander of the troops of the military district.

Valid reasons for dismissal from contract service

The process of dismissing a citizen engaged in military activities under a contract is labor-intensive and complex. The case is referred to the certification commission, which can accept or reject the application.

It consists of the commander, his deputies, officers of the military unit, a military doctor and lawyers. It is impossible to simply quit with only one desire. You need to have good reasons.

A complete list of valid reasons is provided for by the Federal Law of the Russian Federation. The reason for dismissal must be supported by evidence by presenting documents.

The final decision to terminate the contract is made by the commander based on the conclusion of the commission. Only he can reject or sign the report. If the reason for leaving is not indicated in the report, the citizen’s contract may be officially terminated for failure to comply with its terms.

What payments are due?

One-time benefit. Paid for full years of military service without rounding:
- less than 20 years – two salaries;

The amount of one salary consists of monthly payments for the position held and military rank. Regulated by Federal Law of the Russian Federation No. 306-FZ and Order of the Ministry of Defense of the Russian Federation No. 2700.

Award for conscientious performance of duties. Up to 25% of salary, no more than 3 salaries per year.
Material aid. Paid annually to military personnel in need of assistance in the amount of one salary, in accordance with clause 22 of Art. 2 Federal Law of the Russian Federation No. 306-FZ. Upon dismissal, you can receive this payment if it was not issued in the current calendar year.
Compensation for unused vacation. Upon dismissal, a citizen has the right to receive payments for the remaining days of vacation. The amount of compensation for one day is: the amount of payments for the last year divided by the number of days of this year. The result obtained is multiplied by the number of days of unused vacation.
Compensation for clothing allowance. A serviceman receives clothing allowance once a year (RF PP No. 390). If it was not received at the time of dismissal, the citizen may be paid compensation equal to the amount of the value of the unissued items.

If a citizen is fired for negative reasons: failure to comply with the terms of the contract, loss of trust, commission of a crime, or for other reasons for which they may be fired, he loses the right to a one-time payment of several salaries, financial assistance and a bonus for conscientious service.

A complete list of such grounds is given in paragraph 4 of Art. 3 Federal Law of the Russian Federation No. 306-FZ.

Regulatory framework

The relationship between military personnel , the responsibilities assigned to them and instructions for performing various procedures are reflected in detail in the Charter - a key set of laws that the military is obliged to strictly observe.
There are also laws at the federal level that establish the rules of relations between military personnel and the Ministry of Defense of the Russian Federation. They are the ones who regulate the dismissal procedure. Certain legislative acts contain a detailed description of the contract termination process. If a person is planning to resign from the RF Armed Forces, he should familiarize himself in detail with the following documents:

Decree of the President of the Russian Federation dated September 16, 1999 No. 1237.
Law of the Russian Federation of January 22, 1993 No. 4338−1.
Law of the Russian Federation of March 28, 1998 No. 53-FZ.

From them you can learn all the nuances of the dismissal procedure, as well as familiarize yourself with what papers need to be collected and how you can justify the early termination of cooperation with a particular military structure. But none of these laws imply the ability to quickly leave the ranks of the armed forces just like that.

An officer, sergeant or ordinary private who wishes to resign from the army must justify his intention, otherwise the special commission will most likely refuse.

Consequences

Dismissal for reasons not related to violation of the terms of the contract and other negative circumstances does not carry any negative consequences for the citizen. Termination of service due to health reasons, general medical conditions or reaching the age limit allows you to retain all social and pension benefits.

If a serviceman is dismissed due to fault, he is deprived of additional payments , compensation and benefits. Moreover, in this case, a citizen cannot:

resume service;
work in government agencies;
find a job in the law enforcement or military department.

To avoid this, lawyers advise:

find another basis for dismissal;
challenge the decision of the commission and the commander with higher command or in court;
contact the military prosecutor's office.

The command's decision can be appealed within a month.

Sample report writing

The report is drawn up in free form, but sometimes management provides forms.

The document should contain the following:

Full name and rank of unit commander;
Full name and rank of the serviceman;
request to be excluded from the workforce at your own request;
date and signature.

Only after signing the report and providing a complete package of documents is the serviceman considered dismissed. He cannot leave the place of duty after the end of the contract if he does not have the appropriate permission in his hands.

What to do if they don’t fire you and you don’t want to serve?

Reasons for refusing to dismiss a serviceman may be:

refusal to recognize the grounds for termination of service as valid;
incomplete set of documents for recognition of the basis;
failure by the certification commission to recognize the reasons for dismissal on the initiative of the commander as sufficient.

In case of refusal of dismissal and an unauthorized delay in reviewing documents or issuing an order, the serviceman may appeal to the court or the military prosecutor's office.

The legislation of the Russian Federation allows for the early dismissal of conscripts, the National Guard and other categories for a number of legal reasons. To exercise this right, certain conditions must be met by the authorities and the conscript. From our materials you will learn about the reasons for leaving military service, how to write a report, and why professional retraining is needed.

The procedure for dismissing military personnel differs from the procedure for terminating employment relations and is regulated by separate regulations. Leaving the Armed Forces is possible only for valid reasons ; the initiators can be a serviceman or his commander. The choice of basis is important for maintaining benefits and future employment.

The procedure for considering a report on the dismissal of a military personnel

If you decide to terminate your contract in the army, then you should know what will happen after this.

After submitting the report, you will need to rent out the previously provided housing if it is approved. Failure to comply with the requirement may result in forced eviction.

According to the law, the report itself can be considered for 30 days; the military man will be notified in writing of the decision.

It should be noted that as such there is no practice of dismissal at will, but it is unlikely that they will retain a military man against his will. If the person who submitted the report does not agree with the decision of the commission, then he can try to challenge it in the military garrison court or the military prosecutor's office.