Transfer of military personnel to the reserve and retirement: subtleties of the procedure

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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

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.

Consequences of termination of the contract

Firstly, this basis, provided for by law, automatically deprives you of the opportunity to claim a large severance pay; for example, in the event of dismissal at the initiative of the employer, it may be larger. Also, your social package terminates immediately after the dismissal order is issued, regardless of the originally intended period.

Therefore, do not agree to proposals to do this procedure “retroactively,” as is popular in many cases. If the employer asks you to work more shifts to find a replacement, discuss the conditions in detail, and also invite a lawyer.

Do not forget that official housing should also be vacated before the actual dismissal - you will not be given time to look for a new place of residence. If this condition is not met, the employer has the full right to forcibly evict the entire family, because the living space in this case is owned by the state.

Therefore, if you have filed a report and expect to fight for termination, it is better to immediately find temporary housing. Otherwise, you can end up with a lot of problems from your own decision - of course, if you are not planning to move, and you already know how things stand with this issue.

The report is submitted with the relevant documents directly to the boss - it is better to ensure that this document is registered and request that the copy be certified with identical dates to the original. This is important for calculating deadlines - the fact is that, by law, management gives a response to such a request no later than 30 days later.

Missing the appropriate deadlines may become the basis for financial liability - the employee may demand compensation for damages for waiting beyond what is required. Obviously, the response to the report may also be negative - but in this case it must contain a reasoned objection to the arguments of the person liable for military service as to why he wants to leave the service.

Of course, the lack of an answer or disagreement with it does not give you grounds to decide this issue yourself - unauthorized abandonment of assigned duties in this area is criminal liability. Don’t take risks, you will receive compensation for illegal actions, but their nature must be determined by the court.

Contact the military prosecutor's office or tribunal to challenge the actions of the command - here you can act independently; the law does not provide for the mandatory involvement of a lawyer. However, its presence will greatly facilitate the task - as statistics show, such disputes are usually not won on their own.

You must also be completely confident that you are eligible, so do not apply without prior consultation.

Reasons for dismissal

Federal laws establish 3 possible ways to dismiss military personnel from service:

• In stock. When the maximum age for being in the reserve has not been exceeded and the person has not been declared unfit for military service.
• Resign. If the maximum age for military service is exceeded or the person is declared unfit for health reasons.
• When appointing a preventive measure under a criminal article.

Grounds for unconditional dismissal:

• According to the age. In case of exceeding the maximum age while holding a military position. For men, the age can be from 50 to 65 years, depending on military rank, and for women - 45 years. Other federal laws may establish other age limits. It is possible to sign a new contract with military personnel at the age limit. For higher ranks, the age can be increased to 70 years, for others - to 65 years. When extending the contract, a person has the right to resign at any time.
• At the end of the term of military service or service under a military contract, when there are no other reasons for dismissal.
• When a serviceman is declared unfit for service by a medical commission or military commission. Or recognizing contract soldiers as limitedly fit up to the rank of sergeant major or conscripts.
• Upon deprivation of military rank. This usually happens after a military man is found guilty of a serious or especially serious criminal offense.
• If there is a loss of confidence in the military man on the part of the person whose authority it is to fire him. You can lose trust for various reasons: the military man did not make efforts to resolve the conflict in which he represented one of the parties; did not submit certificates of his income and expenses, property obligations; carried out commercial activities or assisted in them for a fee; kept his or her family's money in foreign banks; was a member of non-profit foreign organizations, etc.
• For criminal punishment and imprisonment, including suspended sentences. The basis is a court decision finding the military man guilty of an intentional crime.
• Upon expulsion from a secondary professional military institution or from a military university of the following circle of persons: men under 18 years of age, women of non-officer rank, as well as contract military men and women officers who do not want to enter into a new contract.
• When a court decides to prohibit a person from holding military positions for a certain period of time.
• When a serviceman is elected as a deputy and there is a need to carry out these professional actions on an ongoing basis.
• Upon termination of military service while it is suspended.
• When changing citizenship of the Russian Federation during contract service in the agencies or Armed Forces of Russia with the rank of warrant officer, midshipman or conscript officer.

Grounds for terminating a contract

The legislation does not provide an exhaustive list of reasons why a person liable for military service may apply for termination of employment relations. This means that the exemplary reasons indicated in the regulations are of the nature of the most common cases, but other, more subjective ones may also occur.

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If we take into account the experience of military personnel who have undergone this procedure, the following basic options can be distinguished:

• non-fulfillment or improper fulfillment of the terms of the contract is the simplest reason. Here, any systematic or gross violation on the part of the command is enough to leave work;
• financial insufficiency - if objectively current earnings are not enough to provide for yourself or your family (here you will need to indicate exactly what expenses force you to look for a better place);
• family circumstances or health problems - the need to care for a relative, one’s own illness and the need for urgent or long-term treatment;
• lack of room for promotion is a specific reason. If a contract soldier argues that he can apply for a higher position, but there are no vacancies, the command may release him - and in the event of a dispute, the court will also side with the soldier. The problem lies precisely in the evidence base;
• election of a person liable for military service to government bodies.

Other reasons could be any reason that affects the employee and prevents him from fully performing the assigned tasks. For example, the death of another soldier who was a loved one has a subjective effect on the soldier, but management must take into account his psychological state and possible consequences.

Also, religious beliefs, newly acquired or original, which do not allow serving, are accepted as weighty arguments.

Any of the listed reasons must be indicated in the appropriate report on termination of the employment contract. Of course, there must also be a correct argument as to why the above reasons make further performance of duties impossible at all or for a long time - after all, management can offer long-term leave if it does not want to lose valuable personnel.

Davydov Dmitry Stanislavovich

Deputy Head of the Military Commissariat

Interesting! Most of those wishing to terminate the contract “stumble” precisely when drawing up the application. The inability to argue well enough is the main reason. Therefore, contacting a lawyer is the best solution.

When is early dismissal possible?

Articles 23 and 24, as well as the section “Dismissal from military service” contain the reasons for the early dismissal of military personnel (private soldiers and officers serving under contract or undergoing compulsory military service).

These grounds imply that either the command itself must decide whether to dismiss the person or not, or it must agree to the dismissal if the serviceman himself expressed it.

Among the circumstances are:

1. Deprivation of military rank for various reasons.
2. Initiation of a criminal case against a serviceman and a court decision finding him guilty of an intentional criminal offense.
3. Organizational and staffing measures.
4. Transfer to service in the internal authorities, fire or customs service, criminal correctional system or drug control authorities.
5. The military man did not fulfill the terms of the contract.
6. The person was not given access to state secrets or was denied this access.
7. Assignment of a suspended criminal sentence for an unintentional crime.
8. The military man did not pass the tests.
9. The obligations to perform service on the basis of Art. 10 and art. 27.1 Federal Law “On the status of military personnel” and the rules for serving in state security and state security agencies.
10. Transfer to general civil federal service.
11. Termination of Russian citizenship or change of citizenship to foreign.
12. Leaving service at your own request.

Military personnel have the right to retire from the ranks of the Russian Armed Forces at their own request, provided the necessary conditions are met. This means that if a person has expressed such a desire and submitted a corresponding report, then the command is obliged to satisfy it.

List of grounds for voluntary dismissal:

• The conclusion of a military medical examination declaring a person unfit or partially fit for service due to injuries or illnesses.
• Appointment of a military man as a member of the Federation Council or election of him as a deputy of the legislative assemblies of constituent entities of the Russian Federation on a permanent basis.
• Death of parents, siblings while performing their duties in military service.
• The accession of a military serviceman to the rights of the highest official of the constituent entities of the Russian Federation or his election as a military judge.
• The presence of other valid reasons recognized as such by a special certification commission when submitting a report.

A separate group for dismissal for personal reasons are family reasons:

• Caring for a child under 18 years of age if a military man is raising him alone, without a mother (or father).
• Appointment as a guardian for minor brothers or sisters, if there are no other relatives who can be entrusted with these responsibilities.
• The impossibility for medical reasons for members of a military family to live in the area of ​​military service, if it is impossible to transfer to another area.
• The obligation to maintain and provide medical care (assistance, supervision) in relation to close relatives according to the conclusion of the medical and social commission, if there is no one else to do this.
• Changing the place of duty when it is associated with the need to move to another area.

What happens if you break your contract in the army?

Contract service in the army has become an increasingly popular form of work in recent years, thanks to this, new jobs are created and the burden on conscripts is reduced. Usually, the pay for military personnel under a contract is quite decent, allowing them to lead a decent existence, and social security for themselves and their families is also at a high level.

All the benefits of such a service are identical for all regions of the country; narrowing of rights is not allowed and leads to a tribunal. On the contrary, in some regions, increased conditions imposed by local authorities are possible.

Despite all the advantages of such work, this is an employment relationship, which means that there are often reasons for its termination. They are objective or subjective in nature and force contract workers to contact management with a request to terminate the relationship.

The scope is special, because these are specific employment contracts, and the reasons for their termination by agreement of the parties are also of an unusual nature. You also need to know what will happen if you break your contract in the army .

Important! The legislative features of this procedure sometimes prevent ordinary citizens from carrying out their plans. If you are unable to resolve this issue on your own, or it requires urgency, it is better to contact a lawyer. A professional in these matters will solve your problem inexpensively and quickly.

The procedure for dismissing military personnel

The procedure for dismissal of military personnel is regulated by federal laws and deviation from their requirements is unacceptable . Six months before reaching the military age limit or the end of the contract, the unit commander is obliged to:

1. Determine whether a new contract can be concluded. This takes into account the physical and moral condition of the military man, his availability of living space, length of service, etc.
2. When the decision to dismiss is made, the personal file is forwarded to a special body, where the final calculation of length of service is carried out.
3. If appropriate, the person is sent to undergo a medical examination or examination by a military medical commission.
4. Regular vacation and other additional vacations are provided if necessary. They must end before the dismissal order is issued.

When there are 4 months left before dismissal, a final military certification is carried out, and 3 months before the end of service, the military man is informed of the decision on his future fate and a conversation about dismissal is held.

The procedure for conducting the conversation is clearly established in the laws; it is conducted in closed form; if necessary, specialists on various issues (legal, economic) are involved. A written record of the conversation is permanently placed in a personal file.

Transfer to the reserve or resignation must be accompanied by a written submission in the established form, which is signed by the unit commander and other persons. Apply to it:

• A copy of the certification sheet.
• A copy of the sheet from the conversation with the military man.
• If necessary, attach a copy of the conclusion of the military medical commission.
• Dismissal report.

All documents are sent to the military personnel department approximately 2 months before the end of the service period. In case of early dismissal, all the described procedures are carried out immediately after a positive decision on the report. A dismissal order can always be appealed to the relevant authorities.

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Making a report

Before terminating the contract, a report is required. It is sent to the authorities. Algorithm for reviewing a report:

1. The document is sent to the certification commission.
2. The commission accepts the employee and considers the reasons for termination of the contract.
3. If the reasons are found to be justified, the relationship is terminated.
4. A protocol of the commission's decision is drawn up. A copy of it is sent to the employee.
5. The order to terminate the relationship is approved by the commander.

FOR YOUR INFORMATION! If a person is denied dismissal, he can file a corresponding complaint.

Let's look at the contents of the report:

• Request to terminate the agreement.
• Full name of the applicant, his military rank and position.
• Grounds for dismissal. They must be confirmed by the provisions of regulations and attached papers.
• Information about the applicant's commissariat.
• Service start date.
• Length of service.
• Availability of public housing.
• Request for provision of food.

Documents must be attached to the report. For example, this could be a health certificate.

What payments are due?

One-time benefit. Paid for full years of military service without rounding:

• less than 20 years – two salaries;
• over 20 years – seven 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.

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

Grounds for terminating a contract

• non-fulfillment or improper fulfillment of the terms of the contract is the simplest reason. Here, any systematic or gross violation on the part of the command is enough to leave work;
• financial insufficiency - if objectively current earnings are not enough to provide for yourself or your family (here you will need to indicate exactly what expenses force you to look for a better place);
• family circumstances or health problems - the need to care for a relative, one’s own illness and the need for urgent or long-term treatment;
• lack of room for promotion is a specific reason. If a contract soldier argues that he can apply for a higher position, but there are no vacancies, the command may release him - and in the event of a dispute, the court will also side with the soldier. The problem lies precisely in the evidence base;
• election of a person liable for military service to government bodies.

Emergency service

What distinguishes conscript soldiers from contract soldiers is that their period of service in the army is limited by orders from the Ministry of Defense on the dates of conscription and transfer to the reserve. The start date of military service is the date the young soldier is awarded the military rank of private, and not the day the conscript arrives at the assembly point at the military registration and enlistment office.

It is this date that is entered as a corresponding entry in the military ID and from this day the countdown of the period of military service begins. If a conscript does not have legal grounds for dismissal earlier than the period regulated by the Ministry of Defense, then his term of service is equal to 12 months.

After the all-Russian order on transfer to the reserve is issued, the military unit command issues separate orders on dismissal.

However, there are certain nuances in the process of transferring conscripts to the reserve.

Transfer to the reserves is a joyful event for conscripts

Delayed dismissal

Extension of the service life of conscripted military personnel is possible in certain cases, which include:

• Participation of a conscript in a combat cruise of Navy ships. That is, the delay may be due to the fact that the ship on which he is serving is on a long voyage, and it is not possible to organize the sending of personnel for dismissal. Although, according to unspoken rules, sailors and foremen whose service life is ending are usually not involved in long sea voyages without their consent.
• Receiving disciplinary action by a soldier in the form of detention in a guardhouse. The total service life does not include time spent in the guardhouse. An order for the dismissal of such military personnel is issued only after the total time they have been in custody has expired.
• Condemnation of an army soldier to detention in a disciplinary battalion. After serving their sentence in the disbat, they will have to serve the entire prescribed period until it reaches 1 year.

Early

The legislation provides for cases when the dismissal of a conscript soldier is preferential and possible before the deadline. This requires the occurrence of certain circumstances. These include:

• death of a close relative performing military service;
• the emergence of a need to care for close relatives, in the absence of full social security and other persons capable of providing the necessary care;
• presence of minor relatives who need to be taken under guardianship;
• obtaining single status;
• if a child under 3 years of age is recognized as disabled;
• During his service, the warrior's second child was born.

To apply the listed circumstances, early dismissal from military service is possible after providing confirmation of the event. These documents are an appendix to the report that the conscript submits to his command with a request for early demobilization.