The procedure for dismissal of military personnel at the end of the contract, payments and privileges

Retraining before leaving military service

Important!
Retraining is provided only for military personnel who have served for at least 5 years. Note! Retraining of military personnel before dismissal in 2021 is regulated by Order of the Ministry of Defense of the Russian Federation “On the procedure and conditions...” dated October 21, 2015 No. 630 (hereinafter referred to as Order No. 630).

In accordance with this order:

• duration of training - up to 4 months;
• forms of education - full-time, part-time and part-time;
• training can be completed only in one educational institution of the Ministry of Defense of the Russian Federation and in one specialty;
• Based on the results of training, a diploma is issued.

Anyone wishing to undergo retraining submits a report to the commander (chief) of the unit. A copy of the education document is attached to the report. Then the unit compiles a list of those wishing to undergo training, which is sent to the educational institution.

Examples of retraining programs in 2021:

Dismissal from military service at one's own request

Dismissal from military service at one's own request is possible, but this requires compliance with a number of conditions. In accordance with paragraph 6 of Art. 51 of the Law “On Military Duty and Military Service” dated March 28, 1998 No. 53-FZ (hereinafter referred to as Law No. 53-FZ), such conditions are:

1. Availability of valid reasons for dismissal.
   Note! In accordance with paragraph 47 of the Resolution of the Plenum of the Armed Forces of the Russian Federation “On the practice of using...” dated May 29, 2014 No. 8 (hereinafter referred to as Resolution No., valid reasons are circumstances that do not allow the serviceman to fully fulfill the terms of the contract. Valid reasons are indicated in the report.
2. Availability of a conclusion from the certification commission.
   Important! Even if a citizen indicated good reasons in the report and there is a positive conclusion from the certification commission, this does not mean that dismissal will be carried out. As noted in paragraph 47 of Resolution No. 8, the final decision remains with the relevant military official.

Upon dismissal of his own free will, a citizen is evicted from official housing. However, housing can be preserved, for example, under a combination of the following circumstances:

• the apartment was provided before the Housing Code of the Russian Federation came into force (03/01/2005);
• duration of military service - more than 10 years;
• a former military man is registered as in need of housing;
• it is impossible to provide other housing in place of the disputed premises (appeal ruling of the Samara Regional Court dated May 15, 2019 in case No. 33-5577/2019).

How to write a report correctly?

Expert opinion

Gusev Igor Yurievich

Lawyer with 6 years of experience. Specializes in the field of civil law. Has experience in developing legal documentation.

The desire to terminate service in the Armed Forces of the Russian Federation, according to the law, must be formalized in the form of a report in writing. It is submitted to the officer or commander who is responsible for personnel records management.

The report is analogous to the application that civilians submit when they want to resign from their place of employment. The Disciplinary Charter of the Armed Forces of the Russian Federation (Article 106) contains requirements for drawing up a report.

The document has a free form, no specific template is provided, but it must contain the following information:

• personal information about the person leaving;
• information about the officer or commander of a military unit who deals with personnel issues;
• request for early dismissal;
• the reasons on which military service is terminated (it is advisable to indicate two circumstances);
• a request to consider the report by the commission;
• a request to undergo a medical examination or refusal of it;
• request to transfer your personal file to the military registration and enlistment office;
• list of required documents;
• date and signature.

One copy must remain with the serviceman. In the future, it can serve as evidence if the commander refuses to hand over the report to the commission.

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Dismissal from military service for family reasons

Subp. "c" clause 3 of Art. 51 of Law No. 53-FZ allows for the dismissal of a military personnel for family reasons. The legislator includes the following in such cases:

• For medical reasons, a military family member cannot live in the same area with him, and it is impossible to transfer the serviceman to a suitable area.
• The family must move to another area because the military husband (or military wife) has been transferred there.
• The need for constant care for a close relative in the absence of other relatives legally obligated to provide care.

Note! The need for care must be determined by the ITU.

• The need to care for a child under 18 years of age if he is being raised without a father or without a mother.
• The serviceman is the guardian (trustee) of a minor brother or sister and there are no other relatives who are obliged to support such persons.

Important! If a military man has several grounds for dismissal, he is explained the right to choose one of them (determination of the RF Armed Forces dated September 3, 2009 No. 5n-272/09).

Family circumstances can not only be grounds for dismissal of a military man, but also affect other aspects of his status - for example, they can be an obstacle to transfer.

Thus, if a minor child of a military man cannot live in another area for health reasons, then it is impossible to remove a military man from his post for transfer to such an area (decision of the Novosibirsk Garrison Military Court dated March 30, 2012 in case No. 2-88/2012).

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.

The procedure for dismissal from military service under a contract

The procedure for dismissal of a contract serviceman is generally defined in Section 7 of Law No. 53-FZ and specified in other laws and regulations.

Note! If the dismissal is initiated by the serviceman himself, then a report on the dismissal of the contract serviceman is submitted. If the dismissal occurs for other reasons, then the beginning of the procedure may be, for example, the conclusion of the certification commission that the military does not meet the requirements.

Let us examine the procedure for dismissal from service under a contract using the example of soldiers and sergeants of the Civil Defense Troops of the Russian Federation. In accordance with Ch. 8 of the Temporary Regulations..., approved. by order of the Ministry of Emergency Situations of the Russian Federation dated April 11, 1997 No. 205, the procedure is as follows:

• Before dismissal, a personal conversation is held between the boss and the contract employee.

Note! During the conversation, the benefits and advantages of a citizen should be explained. The conversation sheet is signed by the contractor and the person who conducted the conversation.

• The discharged person is examined by a military medical commission. However, such a procedure is not always required - for example, it is not necessary when dismissing for family reasons.
• For dismissal, an order is issued from the unit commander.
• The dismissal person’s personal file is sent to the military registration and enlistment office at his chosen place of residence.

Dismissal may be accompanied by retraining of military personnel transferred to the reserve in 2021.

About contract service and military dismissal

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.

Payments to military personnel upon dismissal

Payments to military personnel upon dismissal are defined in Art. 3 of the Law “On Monetary Allowance...” dated November 7, 2011 No. 306-FZ (hereinafter referred to as Law No. 306-FZ).

According to this article, upon termination of the contract, the military man receives a one-time allowance and other payments.

The amount of the benefit is equal to two salaries for a service period of up to 20 years. Service duration of more than 20 years increases the benefit amount to seven salaries.

Important! The benefit is not paid upon dismissal for disgraceful reasons: commission of an offense or crime, if the contract employee failed to pass the test, due to loss of confidence, etc.

Note! If a contract soldier has state awards, for example, an honorary title of the Russian Federation, the benefit amount will increase by one more salary. USSR awards are also equivalent to state awards.

Part 12 art. 3 of Law No. 306-FZ establishes the amount of payments upon dismissal due to injury, as well as for disability caused by military service.

Compensation for termination of a contract due to military injury is 2 million rubles.

In accordance with clause 10 of the Procedure, approved. By order No. 630, during the retraining of military personnel transferred to the reserve, students are considered seconded from military units. Consequently, they are paid travel expenses.

Find out about payments to military personnel and military mortgages from our articles “Payments to military personnel”, “Military mortgage - changes”.

How to properly resign from the army for a contract soldier?

The report is drawn up in any form, it details the reasons for dismissal, accompanied by materials describing and confirming these reasons. Based on the legal practice of such cases, as well as in accordance with the standards of Article 51 on military service, most often, reasons related to the following circumstances are recognized as valid:

• Due to the need to care for immediate relatives (father, mother, grandmother, grandfather, adoptive parent, sibling) usually with disabilities of groups 1 and 2 (but not necessarily), provided that there is no one else to look after them, or those those who are supposed to look after them cannot supervise them.
• Due to the need to look after minor children left in your care, provided that the second parent evades parental responsibilities.
• Due to a change in the place of service of a married military serviceman and the need to move the entire family to another area.
• Due to the impossibility of realizing the potential of the higher education received in the current military position and the impossibility of changing it.
• Due to the impossibility of supporting a family on a military personnel salary, in the absence of material income for the rest of the family members (the salary must be below the subsistence level for each family member)
• Due to deteriorating health and recognition of the military personnel of the Military Military Commission as limitedly fit for military service.

We suggest you read: Dismissal due to the departure of the main employee

Of course, the desire to leave the army is not always associated with the above reasons. Sometimes, military personnel find highly paid vacancies in the civilian sphere, sometimes relationships with superiors and colleagues do not work out, and sometimes they simply get tired of serving. But, since this list is mainly considered by the certification commission as respectful, in practice, those wishing to resign of their own free will often seek to use the specified circumstances and certificates confirming them in their reports.

Based on this, it is sometimes necessary for spouses to formally divorce and keep the child in order to obtain a valid reason for leaving the army or to suddenly “get sick” during an examination by a medical commission. Although, if the contract worker’s salary is very small, and there are children in the family, then it is often enough to provide certificates of lack of income for the rest of the family members (in the case of a working wife, she is temporarily resigning) and, after checking the cost of living for each, submit a resignation report to due to the inability to support a family.

According to Article 51, it is also possible to submit a report of dismissal due to non-compliance with the terms of the contract in relation to you, if your wages are delayed or not paid in full or if you are not provided with housing or funds for rent. But in practice this rarely happens.

It is best to properly resign from the army, because do not forget that dismissal for good reason allows you to retain many benefits, receive a one-time payment from 2 to 7 salaries after dismissal and retain the right to reinstatement in rank and position in the armed forces in future.

Dismissal of a serviceman under the NUC (failure to fulfill the terms of the contract)

A serviceman can be fired if he fails to fulfill the terms of the contract (subparagraph “c”, paragraph 2, article 51 of Law No. 53-FZ). Dismissal of a military personnel according to the National Code of Ukraine is carried out in the following order:

• certifications;
• application of disciplinary sanctions (clause 41 of resolution No. 8).

Important! Dismissal under the NCC is carried out only for significant violations (clause 41 of Resolution No. 8).

The degree of significance of violations is determined by military officials.

A case from practice: a servicewoman was fired after she was repeatedly held accountable for using a mobile phone on duty and inappropriately treating her superior. She challenged the dismissal in court, however, the Supreme Court recognized the dismissal as legal, since the dismissal procedure was followed, and military officials are authorized to assess the severity of the offenses (clause 40 of the Review of Judicial Practice of the RF Armed Forces No. 2 (2017), approved by the Presidium of the RF Armed Forces on 26.04. 2017).

The procedure for applying penalties is determined by paragraphs. 80–89 of the Disciplinary Charter of the Armed Forces of the Russian Federation, approved. Decree of the President of the Russian Federation dated November 10, 2007 No. 1495. In paragraph 81 of the said charter, it is noted that before the commander (chief) makes a decision to apply a penalty, it is necessary to conduct a trial.

Important! If the dismissal is made due to the fact that the citizen, in terms of his personal and business qualities, no longer meets the requirements for military personnel, then the results of the certification are required. Certification can be either scheduled or extraordinary (clause 41 of Resolution No. 8).

How to properly resign from the army for a contract soldier?

After concluding a contract for military service, a probationary period of 3 months is assigned. By many recruits, it is often misinterpreted as a probationary period for both parties (they say, they will look at me, and I will see how I serve in the army). In fact, according to the law, it is the army that decides whether a recruit is suitable for them or not, and the decision of the recruit himself to serve is considered final from the moment the contract is signed.

We invite you to familiarize yourself with: Dismissal by agreement of the parties with payment of compensation, procedure for terminating an employment contract

In practice, due to the need to staff the army with an increasing number of professional soldiers according to the plan adopted from above, the army holds tightly to each newly arrived contract soldier. Therefore, if during the probationary period you decide that the army is not for you, the dismissal procedure will be exactly the same difficult as for all other military personnel, but, with the only exception - since you decided not to build a military career and did not serve for many years, you can afford to quit due to a negative article.

The reality is that when you write a letter of resignation of your own free will during the probationary period, they will try not to accept it. The personnel department will refer to employment and a bunch of orders from the Ministry of Defense about not accepting such reports, they will send you with instructions like “don’t fool your head, but go and serve.”

But, after showing your persistence and demonstrating your readiness to go to the prosecutor’s office, any management will meet you halfway and fire you. With the wording - dismissed due to revealed unsuitability for military service during the probationary period. In the future, getting into contract service or law enforcement agencies will become very problematic for you, but it will allow you to quickly quit and become a civilian again.

Report at the end of the contract: nuances

In accordance with sub. "b" clause 1 art. 51 of Law No. 53-FZ, expiration of the contract is one of the grounds for dismissal from military service.

At the end of the contract, the serviceman submits a report for dismissal. The report indicates the essence of the request with reference to the grounds for dismissal, and notes issues related to the dismissal (“I ask you to leave it in the queue for housing”, “I ask you to send it to a military medical commission”).

Nuances:

• If the military man does not plan to resign and wishes to continue his service relationship, it is necessary to submit a report on the conclusion of a new contract;

Note! The report is submitted no later than 4 months before the expiration of the contract to the person who has the right to enter into a new contract. The decision to conclude a new contract must be submitted no later than 3 months before the end of the contract term (clauses 8, 9, article 9 of the Regulations on the procedure for passing..., approved by decree of the President of the Russian Federation of September 16, 1999 No. 1237).

• In some cases, even if the contract has ended, the military man must continue to serve. For example, this applies to cases where a serviceman cannot be dismissed when he reaches the age limit without being provided with a housing subsidy or living quarters.

Note! If the contract has expired and the serviceman continues to serve and there is no report on dismissal from service before housing is provided, the serviceman is considered to be serving voluntarily only until his right to housing is exercised (clause 11 of Resolution No. 8).

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.

Dismissal of military personnel based on age limit

Dismissal of a serviceman based on the age limit is carried out on the basis of subsection. “a” clause 1 art. 51 of Law No. 53-FZ.

In accordance with paragraph 1 of Art. 49 of this law, the age limit is:

Note! The above information applies to male military personnel; for women, a single service age limit is set at 45 years.

Special laws may set different age limits. So, according to Art. 16.1 of the Law “On the Federal Security Service” dated April 3, 1995 No. 40-FZ, FSB servicemen are dismissed upon reaching the following age:

Persons who have reached the age limit for service may enter into a new contract. This possibility is provided for in paragraph 3 of Art. 49 of Law No. 53-FZ. In this case, the contract is concluded until the following age limits are reached:

Note! Dismissal upon reaching the age limit provides a number of rights and benefits. In particular, tax benefits for personal income tax (subclause 7, clause 1, article 407 of the Tax Code of the Russian Federation).

What it is

The dismissal of a serviceman at the end of the contract is the termination of his duties to perform the functions provided for in the agreement. It consists of a number of activities (payment of benefits, activation of benefits).

You can break off a relationship before you retire. But the majority have as their goal to resign so that they can immediately receive a military pension - only in this case they use the largest amount of benefits due to them.

Military personnel are transferred to the reserve or retire (reaching the age limit, that is, a pension, or being declared unfit).