Dismissal according to general education: sample report, payments, right to a mortgage

According to statistics, military personnel most often leave service early due to a sharp deterioration in health or organizational and staffing measures. Exactly how dismissal takes place according to the OSH will be discussed in the material below. It is immediately worth noting that the regulatory framework for this kind of termination of employment relations is Federal Law No. 117 “On Military Duty and Military Service.”

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Sample report on dismissal according to OSHM

In order to correctly write a report on dismissal under general military training, a soldier must familiarize himself with the requirements for drawing up this document, which are relevant in 2021. When preparing a standard report, you need to take into account the following rules: 1. In the top right corner you must indicate the full name of the applicant and the manager to whom the report is addressed. It is also necessary to indicate the position and name of the department. 2. In the center of the application form you must write the word “REPORT”. 3. The text of the report must contain a request to terminate the contract, the reason for dismissal, as well as the regulatory basis for resignation. 4. You also need to indicate the address of the military commissariat department where the serviceman’s file should be sent for record keeping. 5. In the lower right corner the date of the report is indicated, as well as the signature of its author. In the case where the reason for dismissal was the deterioration of the serviceman’s health, the report must indicate his will to undergo a medical examination. If the military man does not want to do this, then he must provide a valid reason.

Important! When additional documentation is attached to the report itself (for example, a certificate of completion of a medical examination, NIS participant number, etc.), then this must also be indicated in its content.

Actions are illegal

The current legislation describes in detail the procedure for dismissing military personnel without providing them with quarters. m. However, in practice, cases arise in which a citizen loses both his position in the RF Armed Forces and the opportunity to receive free housing at the expense of budget funds.

This is important to know: How to resign from the army as an officer

Here are 2 examples from existing practice:

A military man serving in the Moscow region presented the cash register to the judicial authority. a complaint regarding his release from service in connection with the incident.

The general situation in the case under consideration was as follows:

• the grounds that led to the dismissal – OSHM;
• total length of service – 12 years, 4 months;
• at the time of the dismissal, the applicant was recognized as needy, since he has 3 children under the age of majority;
• he once refused to provide an apartment at the place of service (8 years before the filing of the claim);
• the person did not give consent to dismissal.

The court accepted the plaintiff's demands and reinstated him in his position until the allocation of residential premises.

Reasons for making such a decision:

• refusal was 1 time;
• The military man is registered as needy.

1. Failure of the allocated apartment to meet established standards.

The citizen was dismissed from the RF Armed Forces due to his recognition as incapable of further service based on the results of the military military examination.

For consideration by the cassation court of the Belgorod region. a protest was submitted, the main essence of which is as follows:

• the basis for dismissal is the applicant’s inadequacy for the position due to illness;
• the total time of military service is 10 years, 11 months;
• at the time of his release from the ranks of the Russian Armed Forces, the plaintiff was recognized as needy, since he is the father of 2 children under the age of 18;
• The plaintiff refused the housing space provided by the state twice (the apartments were 48 and 60 sq. m., respectively).

The protest was satisfied by the court. The operative part of the decision contained a requirement to transfer the applicant to a non-staff position (at the disposal of his superiors) until the provision of real estate.

The reason for recognizing the dismissal as unlawful was the provision of housing that did not meet generally accepted standards. In the Belgorod region. the norm for 1 citizen is 18 square meters. m. In a military family there are 4 people, respectively, the area of ​​the apartment must be at least 72 sq. m. m.

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The procedure for dismissal under OSHM

The procedure for dismissing a military personnel under the General Staff Order is as follows:

1. To begin with, the military unit receives an official document, which informs about the implementation of organizational and staffing measures.
2. Next, the date of dismissal of the military man is determined, and he is also presented with a Conversation Sheet (if he is dismissed according to the General Staff, the conversation sheet is filled out by the commander of the military unit).
3. Until the contract termination date arrives, personnel officers are preparing all the necessary documentation, and the military unit commander is preparing a new dismissal order.
4. If a serviceman does not insist on dismissal from the ranks of the Military Forces of the Russian Federation, then he may be offered another position (the main condition is that the VUS matches). When there is the same position in another military unit, the military man can be transferred without his consent on the basis of the corresponding order (it is noteworthy that in this case the military man himself is not required to submit a report).
5. If a military man is not found an alternative position and is not transferred to another military unit within six months, then he is fired.

Short description

OSHM is a unique event that consists of several procedures related to the reorganization and liquidation of certain structures.

They occupy a fundamental place in relation to conscript and contract service in the Russian armed forces. It is the OSHM that sets as its goal the improvement of the organization’s structures, as well as the adoption of comprehensive measures that will help simplify and significantly facilitate the procedure for dismissing an employee.

This method has become widespread in modern military structures throughout the country. At the same time, the official status of workers is changing dramatically. Thanks to the OSHM, the army is undergoing a complete change in the number of both personnel and various positions. The work record book and personal file will contain records of dismissal due to organizational and staffing measures of military personnel.

Payments in case of dismissal under OSHM

To understand what is due and how much is due to a serviceman upon dismissal due to general military service, it is necessary to familiarize yourself with the Federal Law “On the Status of Russian Military Personnel.” In particular, the dismissed person has the right to the following payments:

1. One-time allowance. What payments a soldier receives depends on the length of his military service. If the service period exceeds twenty years, then the military man is paid seven salaries. Otherwise, the benefit amount is 2 salaries.
2. Housing and subsidies. According to current legislation, a military man who has been in service for more than ten years cannot retire due to organizational and staffing measures, unless the state provides him with housing or provides financial assistance for its purchase.
3. Payment of rent. If the state does not provide housing to the serviceman, then after dismissal under the general military service, he is entitled to monthly payments for renting an apartment (in Moscow and St. Petersburg it is 15 thousand rubles, while in other cities of Russia it is 3.6 thousand rubles).
4. Additional charges. If the discharged person’s service time in the RF Armed Forces exceeds 20 years, but he has not yet reached retirement age, then he can also count on due payments in the amount of one salary according to rank within 12 months from the date of termination of the contract. How much salary is due again depends on length of service and position.

What rights exist

After arriving at the place of duty, a service apartment is issued, but you cannot dispose of it at your own discretion. Departmental housing is allocated only for the period of service, and is subject to release within 3 months after its completion.

However, military personnel who occupy departmental housing by right of use have the following rights:

• for 5 years they retain the right to the apartments that they occupied before receiving departmental living space;
• they cannot be excluded from the list of citizens registered as needy.

Upon dismissal, housing is issued in the following cases:

• upon receipt of the right to a pension upon achieving more than 20 years of service in military service;
• or upon dismissal with 10 years of service, if the basis for dismissal was either organizational and staffing measures or reaching the maximum age for service.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

If the specified grounds exist, the Government provides real estate under a social contract. hire or ownership (at the own choice of the serviceman and his family members).

An apartment is issued in any corner of our country in accordance with the standards for providing living space specified in Art. 15.1. Law.

Military personnel who do not meet the above requirements are dismissed from service without the right to housing.

Example:

The military man has 10 to 20 years of service and was dismissed due to failure to fulfill the terms of the contract. Accordingly, the right to receive housing is lost, since on this basis you need at least 20 years of service to obtain the right to a housing benefit.

Mortgage upon dismissal under OSHM

When resolving the “mortgage” issue, the NIS participant should take into account such factors as the validity of the reason for the serviceman’s dismissal and the length of his service. When it comes to terminating a contract with a military personnel, the following are considered valid reasons:

• deterioration of health, due to which the person cannot cope with his military duties;
• organizational and staffing measures;
• retirement due to length of service;
• significant personal circumstances that forced a serviceman without housing to leave the army.

Thus, dismissal due to general medical conditions is included in the list of valid reasons for dismissal from the Ministry of Internal Affairs, so now it is worth paying attention to the length of service. If a discharged person has been in military service for more than 10 years, then he retains the right to pay off a military mortgage. Moreover, if the mortgage has already been repaid, then he can use the remaining funds for his own purposes. Military personnel who have less than 10 years of service at the time of dismissal under general military service do not have the right to use their savings.

Retirement

If a military man was recognized as in need of an apartment and was put on the waiting list before January 1. 2005, after his dismissal he was entitled to compensation for subletting of residential premises. The payment amount increases by 50% if a military family consists of 3 or more children.

Is there a ban on dismissing military personnel without housing?

Yes, there is a ban, but only if the following conditions are met:

• work experience in military service - over 20 years;
• length of service - from 10 to 20 years, but retiring due to a medical condition, or illness, or reaching the maximum age;
• The military man does not agree with the command’s decision to dismiss him.

The dismissal of a citizen after he has received ownership of the housing space or under social security. hiring does not entail any legal consequences that limit his authority to already received real estate.

Reasons for removal from service

The rules for terminating labor relations regulated by labor legislation for the civilian population do not apply to military personnel.

According to Law No. 53-FZ, as amended as of 04/06/2015, regulating the process of military service, a serviceman can resign in the following cases:

• at the end of the contract or conscription period;
• according to the age limit, varying for men depending on rank in the range from 45 to 65 years, for women - 45 years;
• at your own request;
• for family reasons, including moving to another area, the need to supervise and care for relatives of the 1st and 2nd degree of kinship;
• for health reasons, due to illness or injury that makes it impossible to continue serving and perform official duties;
• for organizational events;
• in the event of obstacles caused by force majeure circumstances that do not depend on the will of the citizen.

Upon dismissal from military service for the above reasons, in accordance with Law No. 306-FZ as amended on April 6, 2015, monetary compensation is due. However, payments to military personnel may be canceled if the following factors contributed to the termination of the contract:

• deprivation of military rank;
• unworthy completion of the probationary period;
• disciplinary violation;
• evasion of assigned duties;
• committing a crime and being punished;
• transfer to other law enforcement agencies.

Based on individual personal circumstances, a serviceman may submit a report, which is mandatory for consideration and a verdict by a special commission.

Conditions of receipt

In accordance with current legislation, borrowers under the military mortgage program can become:

1. Military personnel who entered into a contract to serve in the Armed Forces of the Russian Federation after 2005.
2. Petty officers, midshipmen, warrant officers with a contract period of more than three years.
3. Graduates of military educational institutions who were awarded their first military rank after 2005.

Obtaining a mortgage loan is possible within 3 years after joining NIS. When concluding a mortgage agreement, the funds accumulated over the entire period of participation in the system are used to pay the down payment. If after such a transaction there is a balance on the personal account, then it can be used for current payments on the issued loan.

Loan conditions for the military differ significantly from standard mortgage programs for ordinary categories of citizens and are characterized by the provision of maximum benefits when purchasing residential real estate.

Key parameters of a military mortgage:

• the intended purpose of spending borrowed funds is the purchase of an apartment, private house, room or town house (both in the primary and secondary housing markets);
• no need to invest your own funds;
• reduced interest rate – up to 10% per annum;
• debt repayment period – from 3 to 25 years;
• currency – only Russian rubles;
• the minimum down payment amount is from 10%;
• The age limit for the borrower is from 21 to 50 years.

Organizational and staffing measures: what is it?

They are implemented through reorganization and liquidation processes. As a result of this procedure, the number of individual ones can be changed:

• positions;
• titles;
• salaries, etc.

This phenomenon periodically occurs both in ordinary organizations where civilians work, and in places of military service where military personnel work. In the latter case, the implementation of such measures is regulated by Decree of the President of the Russian Federation of September 16, 1999 No. 1237.

He approved the Regulations on the procedure for military service.

Thus, when carrying out general training in military service, the following changes may occur:

• disbandment, reorganization, renaming, reassignment and other actions carried out in relation to the permanent staff of military personnel;
• changes in the composition and number of staff in the Armed Forces of the Russian Federation;
• renaming positions and specialties of military personnel, as well as other types of organizational and staffing measures.

In addition, a demotion or promotion in a position can only be carried out with the consent of the person in respect of whom such changes are planned.

Benefits for those dismissed for health reasons

Legislation at the Federal level has determined a list of benefits for military personnel demobilized due to an occupational disease or injury:

• free travel on all types of ground public transport;
• prevention and rehabilitation measures on an ongoing basis;
• obtaining vouchers for sanatorium-resort treatment;
• obtaining living space on preferential terms.

The state also reimburses 60% of utility costs, including telephony and radio. Technically, reimbursement occurs after submitting payment receipts for every six months to the social support department by transferring funds to the recipient’s personal card.

What it is

Carrying out military operations in military structures is a common practice and does not always entail the dismissal of citizens from service. The law distinguishes cases when the possibility of dismissal will depend on the decision of the unit command, or an obligation to terminate the contract arises. When conducting operations, the command has the right to use the following options:

• place the citizen at his disposal for a period of up to 6 months - in this case, the serviceman retains all types of salary, although his position will actually be reduced;
• transfer a citizen to a higher or lower position - this option is allowed only with the consent of the serviceman expressed in the report;
• transfer an employee to an equivalent position - in this case, the citizen’s consent is not required, and judicial practice allows transfer even to another locality.

In practice, it is possible to satisfy the report before the expiration of 6 months if the serviceman reaches the age limit for serving, or the command knows in advance that it will be impossible to offer another position in the general education department. In this case, the report is reviewed by the certification commission, after which dismissal occurs by order of the unit commander.

The obligation to dismiss a serviceman in the event of an OSH arises only after 6 months have passed from the date of issuance of the order to release him. If the commander refuses to make such a decision, his actions can be challenged through the military prosecutor's office or in court. We will describe the dismissal procedure below.

Underwater rocks

Undoubtedly, a military mortgage is an excellent solution to the housing problem. However, we must not forget about some of the nuances and pitfalls that may arise when applying for a mortgage (you can find out about the pros and cons of such a mortgage for the military here).

1. Limited real estate market. Military personnel are forced to choose only housing on the secondary market, which can be paid for by mortgage savings. It is also limited to real estate with which banks and Rosvoenipoteka cooperate.
2. Double encumbrance of property. The main condition is a ban on selling property and making other transactions related to living space.
3. Limitation on benefits. When applying for a mortgage, a serviceman must be sure that he will continue his military service. If he terminated the contract at his own request, he will have to pay the mortgage himself and it is not a fact that the conditions will remain unchanged.
4. Possibility of deprivation of official housing. We are talking about purchasing housing at the place of service. If a serviceman is a member of the NIS, but hides this in order to receive compensation for subhiring, then this is a criminal offense.
5. Length of processing time. After writing the report and receiving the NIS Certificate, approximately 6 months pass. Next, you need to complete the real estate purchase procedure within the next six months until the Certificate expires.

In conclusion, we can conclude that it is impossible to say specifically whether it is worth taking out a mortgage or not. This is the choice of every soldier. The NIS project is developing rapidly and it is possible that in the future there will be fewer disadvantages. If a serviceman does not want to wait for sufficient savings in his personal account, then a military mortgage is an excellent opportunity to purchase his own home.

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