Dismissal of a serviceman at his own request: grounds, terms, payments in 2021

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Published: 05/06/2016

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All military personnel who entered service in the Armed Forces of the Russian Federation carry it out for a certain time, called the period of military service.

The procedure for leaving service is different for conscripts and contract soldiers. Conscripts are dismissed twice a year by order of the Minister of Defense. For contract soldiers, this issue is resolved individually each time .

• Legislative framework
• Reasons for dismissal
• When is early dismissal possible?
• The procedure for dismissing military personnel
• Payments upon dismissal

Early termination of service

If a person leaves the ranks of the RF Armed Forces, this means that the person is retiring or being transferred to the reserve. Resignation is possible upon reaching a certain age or due to health reasons. Under such circumstances, the employee goes on a well-deserved rest.

Reserve means that a person is currently exempt from service, but he can be called up for training by order. One of the grounds for leaving the reserve is voluntary dismissal.

The list of legislative grounds for early termination of stay in the Armed Forces is provided for in Art. 51 Federal Law No. 53. According to this norm, a serviceman may be dismissed earlier than the established period if:

• there are really good reasons for such a decision;
• The certification commission gave a corresponding conclusion.

About vacations and benefits provided to retired military personnel

When resigning due to reaching the age limit, a citizen can count on the following benefits:

• be examined and treated free of charge in medical institutions affiliated with the military department. This right can also be exercised by family members of a former military man;
• no more than once a year, if necessary, use the right of free travel to the place of treatment at the expense of the VVK, that is, absolutely free;
• benefits when paying property and land taxes;
• priority right to employment over other applicants through the employment center;
• priority for job preservation in case of layoffs;
• Children are given the opportunity to attend summer children's camps and have the right to be enrolled in preschool educational institutions and schools on a priority basis.

Until the moment of dismissal, a serviceman has the right to use primary and additional leave, which are provided without a break between them. The number of days of annual leave will depend on length of service. For military personnel with a total experience of 20 years or more, it will be 45 days.

Example of judicial practice:

Military combat veteran M. was not given additional leave. For this reason, he was excluded from the lists of HF personnel earlier than he expected. Serviceman M. submitted a report to receive additional leave for the past 2021, but the command rejected it. The serviceman was expelled from the HF personnel on June 6, 2018.

It is obvious that the legal rights of the serviceman were violated. He filed a claim with the military garrison court of the city of Yekaterinburg, in which he asked to change the date of exclusion, taking into account the exercise of his right to additional leave. The court of M.'s claim did not satisfy his demands, and the dismissed citizen appealed to the district military court, where, as a result, the decision of the first court was overturned. The district court found that there was a direct violation of Presidential Decree No. 1237. The court of first instance should have taken into account the right of citizen M. to provide him with additional vacation time until the moment when information about him was excluded from the lists of HF personnel. According to the court's decision, the unit's management postponed the date of M.'s removal from the lists based on the number of days of additional leave, and also paid the required salary.

If dismissal is necessary for a conscript

Conscript service is conscription service, which, according to federal law, is a constitutional obligation for a certain category of citizens.

Dismissal of a conscript prematurely is permitted only in exceptional cases. These include:

• unsatisfactory state of health, confirmed by the conclusion of a military medical commission;
• the need of a close relative for constant care, which is confirmed by the ITU conclusion;
• employees have a ward or wards under 18 years of age;
• transfer to the position of military judge;
• election of a military deputy;
• the employee has 2 or more minor children, a disabled child, or a child being raised without a mother.

The dismissal scheme looks like this: a person writes a report to the commander, attaches evidence of valid reasons to the document and awaits the command’s decision.

Financial calculation

Like all officially employed persons, military personnel must receive a full payment upon termination of a contract. The list of payments, the amount, as well as the timing of their provision, is regulated by Federal Law of November 7, 2011 No. 306 “On monetary allowances for the military . According to the law, upon dismissal, a military personnel receives a one-time benefit, the amount of which is equal to two salaries if the service period is less than 20 years. If the duration of service is more than 20 years, the lump sum payment will be up to seven salaries. Individually, the amount of deductions increases by one more salary if the military man received state awards, honorary titles or awards of the USSR during his service.

Those persons who were dismissed for committing an offense, a significant violation of the terms of the contract, failure to complete the probationary period, due to loss of trust, disclosure of secrets, etc. cannot apply for a one-time payment.

The amount of payment will be calculated separately for those persons who stop serving due to injury, based on receiving a disability group, if the physical injury was acquired due to military service. In 2021, the one-time compensation for an employee terminating a contract due to injury is 2,000,000 rubles.

Persons who want to undergo retraining before leaving are sent to a higher education institution. That is, they are on business trips. This means that the person retains a monthly benefit for the entire period until he stops studying and receives a diploma.

Dismissal of a contract employee on his own initiative

Contractors are military personnel who have entered into a contract with the Ministry of Defense. The agreement under which a person serves and receives a monetary reward is valid for a certain period. In order to leave before the end of the contract, you need good reasons.

Circumstances that objectively do not allow the terms of the contract to be fulfilled in full are considered valid and sufficient. List of justified reasons for dismissal at will:

1. the fact that close relatives of the dismissed person (parents, children, spouse) live outside the country;
2. low incomes that do not allow one to adequately provide for a family at least at the minimum level (calculating 1 subsistence minimum per 1 family member);
3. religious beliefs or personal views that do not allow continued service;
4. the need to independently raise and support young children (the second parent does not pay child support and does not participate in the children’s lives);
5. deterioration of the health of a female soldier due to pregnancy;
6. the death of one of the family members, which makes further service impossible;
7. discrepancy between the person’s qualifications and the position held (the person cannot apply all his knowledge and skills, and transfer to a higher position is impossible).

Important! All of the above grounds follow from a generalization of judicial practice, which is set out in Resolution of the Plenum of the Supreme Court of the Russian Federation No. 8, adopted in 2014. There is no clear and comprehensive list of appropriate valid reasons at the legislative level.

Features and procedure for dismissal

When dismissing under a contract, an officer must strictly follow a certain procedure:

1. The serviceman must notify the commander in writing of his desire to terminate the contract. The notification is drawn up in the form of a report (in two copies). The first copy remains with the serviceman who submitted the application, and the second copy in the military unit.

Important

Representatives of the unit do not have the right to refuse to accept a report. This is a gross violation.

2. Mandatory indication of the reason.
3. Submitting the report to the certification commission for its consideration.
4. Final decision (made by the unit commander).

Important

If the application is rejected, the officer has the right to appeal the actions of officials in court or file a complaint with the prosecutor's office.

The procedure for dismissing a contract soldier

A person who wishes to retire from service early must prepare 2 sets of documents:

• the first is written evidence that confirms the occurrence in the employee’s life of a valid reason for leaving the Armed Forces;
• the second is a report addressed to the command, with a request to dismiss at one’s own request.

Table 1. Documents required by a military man for dismissal on his own initiative

The serviceman hands over the prepared and executed papers to his commander. The latter is obliged to personally examine the received petition and then conduct a conversation with the employee. As a result of this conversation, the grounds for termination of service are once again discussed, as well as the possibility of continuing to perform duties, taking into account new circumstances in the life of a military man.

If at this stage the decision on dismissal has not changed, the commander draws up a conversation sheet, which, together with the report, attachments and personal file, is sent for consideration by the certification commission. This body must study the papers and give an appropriate conclusion. The commission is formed from unit commanders, deputy unit commanders, personnel department employees and legal entities. department. No more than 7 days are allocated to consider the issue. The final decision is documented in a protocol.

Note! The submitted report and the positive conclusion of the commission do not mean that the person will necessarily be dismissed from the Armed Forces.

The decision on the possibility of dismissal falls within the competence of the relevant official. That is, the last word remains with the main commander of the serviceman - the one to whom the report was addressed, or with a higher commander. The certification commission is authorized to recommend the advisability of dismissal.

If the departure from the aircraft is approved, the next step will be to document the termination of service. The command issues an order, the contract is terminated, and the employee receives the required payments.

On a note. If the reason for leaving was not poor health, but other factors, then the person is transferred to the reserve.

Grounds for dismissal from military service

At the initiative of the command, the contract can be terminated early. You also have the right to resign of your own free will, but this is always more difficult: you need good reasons and a conclusion from the certification commission.

In some cases, the dismissal occurs ceremoniously. For example, as it was at the beginning of June 2021. The servicemen of the Preobrazhensky Regiment were transferred to the reserve, and not only their relatives, but also representatives of the Ministry of Defense came to congratulate them. The ceremony took place in the Alexander Garden near the Kremlin walls. Soldiers and sergeants who positively distinguished themselves during their service were presented with memorable gifts and departmental awards.

Let's consider the features of dismissal due to health, age, loss of confidence, and in other situations.

For health

You can resign at any time if you have passed the military examination and the conclusion is marked “unfit”, category D, B or G is indicated. If you are limitedly fit for service, they may be transferred to another position in accordance with your health condition.

To terminate the contract, you need to take the conclusion and submit it along with the report to the unit commander. On average, the entire procedure from seeing a doctor to a personal conversation with the command and issuing an order takes about three months.

Dismissal for health reasons is one of the few options to leave the army, but not return to the Ministry of Defense the money paid for you as an NIS participant on a military mortgage. I will tell you what will happen to housing at the end of the article.

Note! If you become disabled due to your service, you are entitled to insurance payments - up to RUB 1,500,000. A monthly monetary compensation is also paid: for the third group - about 3,000 rubles, for the second - 7,000 rubles, for the first - 14,000 rubles. In addition, you can apply for an IVC if you resign at your own request. If the commission discovers an occupational illness or injury, you can also count on insurance payments, but the basis for termination of the contract changes to “for health reasons.”

According to the age

The following ranks can be retired due to reaching the age limit (Article 49 of Federal Law No. 53-FZ):

1. Vice Admiral, Lieutenant General, Rear Admiral, Major General - 60 years old.
2. Fleet admiral, army general, admiral, colonel general - 65 years old.
3. Captain 1st rank, colonel - 55 years old.
4. In other cases - 50 years.

For women, regardless of rank and position, the age limit is 45 years.

Note: if you wish, you can remain in the service and your contract will be extended. But everywhere there are restrictions. For example, for generals of the army, admirals of the fleet, admirals, colonel generals, the age is extended to 70 years, for other persons - a maximum until they reach 65 years.

How to quit

The head of the unit himself must clarify with you whether you will renew your contract or leave due to age. This is done at least 6 months before reaching the age limit. Then your personal file is sent to calculate your length of service for retirement; if you wish, you can also be sent to the VVK. Three months before termination of the contract, the commander will have a conversation with you, then issue a letter of resignation and submit it, along with other documents, to the personnel authority.

At the end of the contract

Usually, the command clarifies in advance whether the serviceman will renew his contract. But you yourself can submit a report of dismissal, citing paragraphs. "b" clause 1 of Art. 51 Federal Law No. 53-FZ. This is an unconditional basis for which there is no need to explain the reasons for leaving.

Then the commander will give you a notice, which will indicate the exact date of termination of the contract, the deadline for the order to be ready, and the procedure for handing over the weapons.

Due to deprivation of military rank

Deprivation of a military rank is possible by a court verdict that has entered into legal force (Article 48 of Federal Law No. 53). Such a sanction is provided for grave and especially grave crimes (Article 48 of the Criminal Code of the Russian Federation).

If you were stripped of your rank for a crime, the commander himself will receive a copy of the verdict and issue an order to terminate the contract. Your report is not required for this.

Due to loss of trust

You may be discharged due to loss of confidence from military service if you:

1. Became a party to a conflict of interest and did not prevent it, although they had such an opportunity or had to do so due to their official duties.
2. They did not provide information about property, income and expenses, or provided false information. This applies to information about your income, your spouse and minor children.
3. Engaged in entrepreneurial activity or became a member of a commercial organization.
4. Became part of a foreign organization - commercial or non-profit.

Information about a violation you have committed may be received by the commander from law enforcement agencies, the municipality, government agencies, or the Public Chamber of the Russian Federation. After this, by order of the command, a commission is created and an official investigation is conducted to identify all the circumstances of the case. They should also have a personal conversation with you.

Then a report on the results of the inspection and a recommendation from the commission are drawn up. Based on these documents, the commander draws up a dismissal order.

Note! The contract can be terminated no later than one month from the moment the violation became known. Also, your data will be transferred to the register of persons dismissed due to loss of trust.

Due to imprisonment

If the court sentences you to prison for a crime, the command will receive a copy of the sentence. The contract was terminated on the day the verdict came into force. There is no need to submit a report - on this basis they are dismissed without taking into account the opinion of the serviceman.

Due to deprivation of the right to hold military positions

If by court you were deprived of the right to hold military positions, the contract was terminated without your report - a sentence is enough.

When elected as a deputy

When elected as a deputy, conscripts are dismissed. Contract soldiers have the right to suspend military service (Article 45 of Federal Law No. 53). If you decide to resign, you must submit a report to the commander, and the contract will be terminated according to paragraphs. "d" clause 3 art. 51 Federal Law No. 53.

On probation

By decision of the certification commission, you may be fired for failing to complete the probationary period. The conclusion indicates the reasons: for example, a discrepancy in the level of physical training or knowledge. The conclusion is given to the commander, who then fills out the resolution, which you must sign.

Note: There is no point in refusing to sign the submission. This will not prevent dismissal; they will simply make a corresponding note on the document.

Due to violation of prohibitions and restrictions

Prohibitions and restrictions for military personnel are provided for in Art. 27.1 and clause 7 of Art. 10 Federal Law No. 76-FZ.

What is prohibited during contract service:

1. Engage in entrepreneurial and other paid activities.
2. Use money and property of the military unit for purposes other than work.
3. Receive remuneration from legal entities and individuals related to the performance of military duties.
4. Accept awards from foreign countries without the permission of the President of the Russian Federation.
5. Be part of foreign organizations.
6. Use your official position in the interests of religious and other organizations, political parties.

Note: you can engage in teaching, scientific or creative activities if this does not harm the service. You have no right to be fired for this.

How it all happens

Violation of restrictions and prohibitions still needs to be proven. This is done by a special commission that conducts an internal investigation. Based on the results, a report is drawn up and submitted to the commander. Based on the report and other documents, he makes a decision on dismissal and makes a presentation.

By abbreviation

A serviceman can also be fired due to organizational and staffing measures if the unit is undergoing reorganization, liquidation or downsizing. First, the unit receives an order to carry out an operation, the commander issues the order and introduces it to everyone against signature.

If your unit conducts OSH, you should first be offered other positions - both higher and lower. They can only fire you if you refuse the transfer.

Note! If you have served for more than 10 years and have not been provided with real estate, they cannot terminate the contract with you without providing housing. A one-time benefit is also paid - from two to seven salaries, depending on the length of service. If you have served for more than 20 years and have not reached retirement age, the Ministry of Defense must pay you one monthly salary for one year.

In connection with the transition to service in the Ministry of Internal Affairs

pp. "b" clause 2 of Art. 51 Federal Law of March 28, 1998 No. 53-FZ allows you to resign in connection with the transfer to service in the internal affairs department, national guard troops, State Border Service, Federal Penitentiary Service, Federal Customs Service with appointment to the position of private or commanding personnel.

Pay attention to the wording “may be early discharged from military service.” They may terminate the contract, or they may refuse. It all depends on the seriousness of your intentions. The desire to serve, for example, in the Ministry of Internal Affairs is not enough. First, you need to obtain a document confirming your appointment to a position in the specified department, then submit it along with a report to the unit commander. This is also stated in paragraph 42 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated May 29, 2014 No. 8 “On the practice of application by courts...”.

In case of failure to comply with the terms of the contract

Dismissal under paragraphs. "c" clause 2 of Art. 51 Federal Law No. 53-FZ can be applied to you if you do not fulfill the terms of the contract, and your actions are considered a significant violation. You cannot terminate a contract just because you refuse to perform additional duties that are not provided for.

You can be fired for failure to comply with the terms of the contract if the certification commission determines that you do not have the necessary qualities for military service, as well as if you commit one of the disciplinary offenses:

• hazing with other military personnel;
• violation of the rules of military service;
• absence from work for more than four hours in a row without good reason;
• violation of the statutory rules of guard duty;
• damage, destruction, illegal use or consumption of part of the property (intentional or negligent);
• violation of the rules for handling ammunition, weapons, chemicals and other dangerous substances, equipment, if this resulted in harm to the health of another person or damage to the property of the unit;
• being on duty while intoxicated, refusing a medical examination.

Interesting: recently in Kuban a verdict was announced for the military who stole aviation fuel. The major, two conscripts and two civilians built a makeshift pipeline through which fuel flowed outside the unit and accumulated in tanks. Then they sold it. The total damage amounted to 347,000 rubles.

As a result of the proceedings, the military personnel were ordered to pay fines. Everyone was dismissed from the army.

If you are planning to be fired under paragraphs. "c" clause 2 of Art. 51 Federal Law No. 53, but you want to remain in the service, you can appeal with mitigating circumstances to the commission, which will conduct an investigation into the misconduct. For example, repent and independently report the offense committed; prove that the act was committed in a state of passion or due to difficult family circumstances. As a rule, in such cases, commanders and courts meet halfway and impose a milder punishment - a reprimand, reduction in position or rank (Article 28.4 of the Federal Law No. 76-FZ).

For driving a vehicle while intoxicated

Driving a vehicle while intoxicated is considered a gross disciplinary offense (Decree of the President of the Russian Federation of November 10, 2007 No. 1495 “On approval of general military regulations...”). When you signed a contract, you automatically agreed to be bound by its terms and conditions. If you have been held administratively liable for the specified act, this provides grounds for dismissal due to non-compliance with the terms of the contract.

The contract is terminated without your consent as soon as the commander receives a decision or resolution on administrative liability. If the offense was only discovered by the traffic police, but the case has not yet been considered in court, you cannot be fired.

Note: this also includes drinking alcohol in the workplace - the basis will be the same. But you can’t just fire someone for drunkenness: the offense must be proven by a court, or by a commission in a report on the results of an internal investigation.

How to write a report?

An employee who wants to resign from the Armed Forces of his own free will must write a report. The document is drawn up in writing addressed to the commander. There is no single form in which the report should be drawn up. But the applicant must note:

• information about the commander to whom the appeal is addressed, namely, you need to indicate your military rank, position, surname and initials;
• personal data of the author – title, position, full name;
• place and time of writing the petition;
• reasons for dismissal – one or more.

Is it possible to resign of your own free will before the end of the contract?

An officer is an official, and the concept itself is found in various law enforcement agencies: the Ministry of Internal Affairs, the FSB, the Federal Security Service, the Federal Security Service, the Armed Forces of the Russian Federation, etc. Simply put, an officer is considered a person who has a special military rank (from junior lieutenant) or class rank.

The procedure for voluntarily dismissing an officer depends on where exactly he works. For example, termination of a contract with the Ministry of Defense is possible only for good reasons, while a police officer can resign at any time.

What features are important to consider:

1. The dismissal procedure is regulated by departmental laws; it is not always necessary to rely on the Labor Code of the Russian Federation.
2. After termination of the contract, the right to all benefits previously provided in connection with the type of activity is lost.
3. For dismissal, a report is submitted to the manager. In some cases, it is reviewed by an attestation commission.
4. The time frame for reviewing the report depends on the specific department.
5. In most cases, you can quit without working if management doesn’t object.

The dismissal procedure is the same for both officers and employees with ranks below junior lieutenants. The exception is civil workers with whom employment contracts have been concluded: their activities are regulated by the Labor Code of the Russian Federation.

Payments and compensations

The question of what payments are due to a person leaving the Armed Forces is regulated by the following regulations:

• Federal Law No. 306 dated 07.11.2011;
• Order of the Ministry of Defense No. 2007 of December 30, 2011.

The total amount includes three items - a one-time benefit, financial assistance and a bonus.

Table 2. Amount of payments to a military personnel who retires early.

Note! If a contract employee is injured while performing his duties, he is additionally paid compensation in the amount of 2 million rubles. For conscripts and those called up for military training, this amount under similar circumstances is 1 million rubles.

In order to receive the required payments and compensation, you need to prepare another report. Attached to it are papers confirming the right to cash security. In any case, the amount is calculated in each specific situation, taking into account the military rank, position, and length of service of the dismissed person.

Legislative framework

Dismissal rules are set out in several federal laws. Let's briefly look at the main ones:

• Federal Law “On Military Duty and Military Service” of 1998, as amended on February 15, 2016. Basic law on military service for Russian citizens and foreigners. The procedure for dismissing military personnel, the grounds and application of penalties for corruption are described in section 7.
• Decree of the President of the Russian Federation No. 1237 of September 16, 1999, “Issues of military service,” as amended for 2021. Questions about the procedure for dismissal are set out in article 34.
• Federal Law “On the status of military personnel” dated May 27, 1998, as amended in 2016. The law regulates the rights and freedoms of military personnel and the basic duties of service. In Art. 23 lays down the rules for dismissal and the right to further employment.
• Order of the Minister of Defense of the Russian Federation dated September 30, 2002 “On the organization of military service by officers and warrant officers (midshipmen) in the RF Armed Forces.” The procedure for the dismissal of military personnel and the circle of responsible persons are defined in clauses 22, 23, 25 of the instructions of the same name, approved by this order.

Sample documents

report on the dismissal of a serviceman at his own request

Download a sample report on the payment of the required amounts to a leaving serviceman

Download the report form for the dismissal of a conscript serviceman to the reserve

What legal acts regulate

In Russia, several regulations and orders regulate termination of service. The main ones are:

• Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service”;
• Federal Law No. 76-FZ dated May 27, 1998 “On the status of military personnel”;
• Decree of the President of the Russian Federation dated September 16, 1999 No. 1237, defining issues of service;
• Order of the Ministry of Defense of the Russian Federation dated October 30, 2015 No. 660 “On measures to implement legal acts on the organization of contract military service in the Armed Forces of the Russian Federation.”

The Ministry of Defense determined the date of the order for transfer to the reserve in the spring - 03/29/2021, act number 180.

Achieving maximum service life

The age limit up to which a person can serve in the ranks of the military of the Russian Federation is established individually for each rank. The maximum term is 65 years for generals, admirals, marshals, and colonel generals. 60 years for major generals, rear admirals, vice admirals, lieutenant generals. 55 years old - captains of the first rank, colonels. Other ranks serve only up to 50 years. 45 years is the maximum age for military service for women.

The law establishes that after reaching a certain age, a military man can renew his contract with a military formation and continue serving until 70 years of age (for generals, colonel generals, admirals, marshals) and 65 years of age (for other military ranks).