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

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.

Can a soldier or officer resign from the RF Armed Forces at his own request?

Military service can be carried out under contract and conscription. In both cases, Federal Law No. 53 specifies clear rules for dismissal at will. This can only happen for special reasons .

to leave the army during military service . To do this, a person must have compelling reasons that do not allow him to continue to be in the ranks of the RF Armed Forces.

for contract workers here. Decree of the President of the Russian Federation dated September 16, 1999 No. 1237 stipulates of a contract serviceman at his own request There must also be objective reasons for this.

Free legal consultation

+8 800 100-61-94

Important! When a serviceman is discharged, he is required to undergo periodic military training to maintain qualifications in his main military specialty. The exception is citizens who have reached old age and are deregistered.

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.

Procedure for contractors

How to resign from military service under a contract? A citizen must take the following actions in accordance with the law:

• prepare evidence of compelling circumstances or circumstances beyond the control of the parties (for example, a medical report);
• draw up a report and submit it to the command.

Further developments will occur only with the passive participation of the serviceman. The algorithm will be as follows:

1. The commander conducts a conversation and finds out the possibilities of continuing the service, taking into account the information received.
2. The commander collects a package of documents (report, conversation sheet, personal file) and sends them to the certification commission, which does not decide the issue of termination of the contract (this is the prerogative of the commander), but gives him recommendations.
3. The commission will review the report, formalize the decision in a protocol and convey the essence of the decision to the citizen.

At the final stage, the termination of the contract is formalized, an order is drawn up, and compensation is paid.

The applicant has the right to appeal the commission's decision if he disagrees with it.

This is the procedure for dismissing a serviceman from military service, but you need to understand that dismissal, except for those who were separated for health reasons, takes place in the reserve.

To terminate relationships with contract employees, the legislator provides additional grounds listed in Part 2 of Art. 51 Federal Law 53, including failure to comply with conditions, violation of prohibitions, requirements, restrictions, etc. In addition, contract workers have the right to be provided with housing under certain conditions, payments, etc.

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.

How to resign before a contract expires

Many military personnel are faced with the following problem: “How to leave the service before the contract expires?” In view of the peculiarities of military service, a special procedure for dismissal is provided for this category of persons, and special grounds are defined.

Naturally, the Labor Code does not apply to military personnel, and sometimes a person who did not know the specifics of dismissal from military service has to puzzle over this issue.

The procedure for dismissal and the grounds for dismissal of military personnel from service are determined by the Federal Law “On Military Duty and Military Service”, the Regulations on the Procedure for Military Service, approved by Decree of the President of the Russian Federation of September 16, 1999 N 1237.

Currently, the practice has developed that they try to dismiss military personnel before the expiration of their contract “for negative reasons,” because the law itself does not provide that a serviceman can resign of his own free will in any case.

Article 51 of the Federal Law “On Military Duty and Military Service” provides for 3 groups of grounds for dismissal of military personnel, namely when

1) the serviceman is subject to dismissal from military service;

2) may be early dismissed from military service;

3) a serviceman performing military service under a contract has the right to early dismissal from military service.

In addition, the article provides special grounds for dismissal:

3.2. A female soldier has the right to early dismissal from military service in the cases provided for in paragraph 5 of Article 17 of Federal Law No. 31-FZ of February 26, 1997 “On mobilization preparation and mobilization in the Russian Federation.” 4. A serviceman undergoing conscription military service has the right to early dismissal from military service if circumstances arise during his conscription service, as provided for in subparagraph “b” of paragraph 2 of Article 23 and subparagraphs “b”, “b.1”. ", "c", "d" and "e" of paragraph 1 of Article 24 of this Federal Law. 6. A serviceman performing military service under a contract, upon the conclusion of the certification commission, may be dismissed from military service early at his own request if he has valid reasons. 7. A deceased (deceased) serviceman is excluded from the lists of personnel of a military unit from the next day after the day of death or death, and a serviceman who, in accordance with the procedure established by law, is recognized as missing or declared dead - after the day the corresponding court decision enters into legal force.

For early voluntary dismissal, we are interested in part 6, as well as group 3 of the grounds to which the serviceman “has the right.”

To resign voluntarily you must:

1) good reason;

2) positive conclusion of the certification commission.

According to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2014 N 8 “On the practice of application by courts of legislation on conscription, military service and the status of military personnel”:

47. When checking the legality and validity of the actions of military officials related to the dismissal of a serviceman from military service at his own request, the courts must take into account that, according to paragraph 6 of Article 51 of the Federal Law “On Military Duty and Military Service”, a serviceman, according to the conclusion of the certification commission, may be dismissed from military service early at his own request if he has valid reasons. Good reasons mean circumstances that objectively do not allow a serviceman to fully comply with the terms of the concluded contract. The report submitted by the serviceman and the corresponding conclusion of the certification commission are not unconditional grounds for dismissal at his own request, since the decision on this issue falls within the powers of the relevant military official.

Those. This Resolution states that even if there is a good reason and the conclusion of the certification commission, this basis is not mandatory for making a decision to dismiss a serviceman.

Now let’s look at dismissal on the grounds to which the serviceman “has the right.”

a) in connection with a significant and (or) systematic violation of the terms of the contract in relation to him; b) for health reasons - in connection with recognition by the military medical commission as limitedly fit for military service (with the exception of persons specified in subparagraph “d” of paragraph 1 of this article); c) for family reasons: due to the impossibility of living for a family member of a serviceman for medical reasons in the area in which the serviceman is doing military service, and in the absence of the possibility of transferring the serviceman to a new place of military service favorable for the residence of the specified family member; in connection with a change in the place of military service of the military husband (military wife), associated with the need to move the family to another area; in connection with the need for constant care for a father, mother, wife, husband, sibling, grandfather, grandmother or adoptive parent who, for health reasons, in accordance with the conclusion of the federal medical and social examination institution at their place of residence, requires constant outside care ( assistance, supervision), in the absence of other persons obliged by law to support these citizens; in connection with the need to care for a child under the age of 18, whom a serviceman is raising without the child’s mother (father); in connection with the need to fulfill the duties of a guardian or trustee of a minor brother or minor sister in the absence of other persons obligated by law to support these citizens; d) in connection with his vesting with the powers of the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) or his appointment as a temporary acting highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) or election (appointment) as a member of the Federation Council of the Federal Assembly of the Russian Federation; e) in connection with his election as a deputy of the State Duma of the Federal Assembly of the Russian Federation, a deputy of the legislative (representative) body of state power of a constituent entity of the Russian Federation, a deputy of a representative body of a municipal entity or the head of a municipal entity and the exercise of these powers on an ongoing basis.

Thus, dismissal due to a significant and (or) systematic violation of the terms of the contract in relation to him in accordance with Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2014 N 8

assumes:

A significant violation of the terms of the contract by the federal executive body, in which federal law provides for military service, may be recognized as such a violation, due to which the serviceman was deprived of the opportunity to exercise his constitutional rights, or a violation that deprives the serviceman or members of his family of the opportunity to take advantage of the most significant for them the rights, social guarantees and compensations provided for by the legislation on the procedure for military service and the status of military personnel. When resolving applications to challenge the refusal to dismiss from military service in connection with a violation of the terms of the contract for military service by the federal executive body that provides for military service, the question of whether the violations of the contract terms committed in relation to the serviceman are significant should be decided by the court individually on each specific case, taking into account such circumstances as the family and financial situation of the serviceman, the place of his military service and the conditions of its completion, as well as other data. Repeated violations of the rights of a serviceman provided for by the legislation on the status of military personnel (repeated more than twice) over a short period of time should be recognized as a systematic violation of the terms of the contract.

Thus, when dismissing on this basis, a serviceman must prove a systematic violation of constitutional rights against him or his family members.

It should be noted that according to Art. 37 of the Constitution of the Russian Federation

1. Labor is free. Everyone has the right to freely use their ability to work, choose their type of activity and profession.

Those. This provision, as understood by the legislator, does not apply to military personnel.

Dismissal for health reasons - in connection with recognition by a military medical commission as partially fit for military service - presupposes the presence of a disease, which, according to the Schedule of Diseases, approved by Decree of the Government of the Russian Federation of July 4, 2013 N 565, is the basis for recognizing a military personnel as partially fit (category IN).

Practice shows that there are no problems with dismissal for this reason.

Dismissal for family reasons requires documentary evidence of these circumstances, which must be attached to the serviceman’s report.

Dismissal in connection with vesting him with the powers of the highest official of a constituent entity of the Russian Federation or in connection with his election as a deputy presupposes the presence of appropriate circumstances.

Taking into account the above, we can come to the conclusion that the procedure for dismissing military personnel is fundamentally different from the dismissal of civilians in accordance with the Labor Code, despite the fact that contract service is essentially the same work, because according to Art. 10 Federal Law “On the status of military personnel”:

1. The right to work is exercised by military personnel through their military service.

In addition, according to Art. 11 of the said law:

1. The total duration of weekly service time for military personnel performing military service under a contract, with the exception of the cases specified in paragraph 3 of this article, should not exceed the normal duration of weekly working time established by federal laws and other regulatory legal acts of the Russian Federation.

To summarize, it can be noted that if you try to quit military service, where they don’t want to let you go, of your own free will, then you need to try, and it’s better to quit for health reasons or family reasons. In any case, it is necessary to analyze everything and find a more suitable option. There are no hopeless situations.

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.

How to record service data in the labor record

Current labor legislation requires the employer to create a work book for a civilian employee. He is also entrusted with the responsibility of making notes in it. This is stated in Government Decree No. 225 of April 16, 2003 on the rules for maintaining and storing work books. At the same time, the labor relations of contract workers are regulated by the law “On Military Duty and Military Service.”

A contract worker, after leaving service, having decided to get a civilian job, first submits an application to his employer with a request to issue him a work permit. This is due to the fact that it is not opened to soldiers and officers undergoing service.

Information

Registration of a work permit based on a handwritten application from an employee takes place in the personnel department according to the standard procedure.

To enter information about service, a military ID is submitted, which is the main basis for recording such data. His employee accompanies him with a statement with a request to include information from it in the labor report. If there are awards, he provides data about them as well. The former contractor also presents the contract itself.

The terms of service that are entered in the labor columns must be calendar dates. The filling procedure looks like this:

• First, all papers are checked.
• In column No. 1 they write the actual number of the entry entered in the work book.
• In column No. 2, enter its date. It is important not to confuse this with service life.
• In column No. 3 they write information about being in the army, where they indicate the time of service in the format “dd.mm.yy”. The numbers are Arabic.
• Column No. 4 contains information about the papers that became the basis for this entry: the number and date of issue of the military ID; numbers of awards papers, if any; contract number, in the case of a contract employee.

Attention

The record is certified with his signature and seal by the head of the personnel service, who has previously indicated his data.

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.

Requirements for preparing a report

The Disciplinary Charter regulates the execution of any appeal in the form of a written report. This document replaces the statement that the employee draws up upon dismissal. The legislation does not contain any mandatory requirements for the text component of the appeal, so a sample report is not required; it can be drawn up in free form. When presenting your position in writing, it is necessary to indicate a number of important points that will allow you to identify the document as an appeal to the command:

• Full name and position of commander, military unit number.
• Full name and position of the contractor.
• Request for early termination of the contract at your own request with reference to the relevant article of the legislative act.
• A valid reason for dismissal from military service. It is necessary to pay special attention to this point, since the thoroughness of the argumentation of the position, together with documentary evidence, will play a decisive role when considering the issue. It is necessary to specify as much as possible the circumstances that impede the further fulfillment of the obligations assumed.
• A request to submit a report for consideration by the certification commission.
• List of documentary evidence attached to the report.
• Date and signature of the contractor.

Important! The document should be drawn up in two copies. Both papers are registered in the office. One copy is given to the command, the second copy is kept by the contractor. It will serve as evidence in court if a citizen is faced with inaction and delay in the process of considering the request.

A serviceman has no right to refuse to submit a written appeal. The report cannot fail to be registered and submitted to the commission for consideration. Submitting such written appeals to the command is the inalienable right of a contractor. The period for reviewing the report is one month. It can be extended by decision of the commander for another 30 days, but the contractor must be notified of this. After the period has expired, the service member must receive a response in writing. If you disagree with the commission's decision, you can file a complaint in court.

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.

Are there any benefits when leaving the Russian Armed Forces?

Former military personnel are provided with a plot of land for building a house or ready-made real estate, the area of ​​which is influenced by the number of family members.

The housing issue is resolved individually based on the provisions of the current program. If approved, part of the property tax is paid from the state budget.

With continuous service of more than 20 years, former officers can count on medical benefits. If the reason for dismissal was poor health, the former contract employee is paid an insurance payment in a certain amount (for disabled people: group I - 1.5 million rubles, group II - 1 million rubles, group III - 500 thousand rubles).

If a working disability group is assigned, military personnel are allocated vacancies for further employment.

According to current legislation, a citizen in military service can terminate a contract on his own initiative. But for this, the commission must be provided with objective reasons. The resignation of an employee must take place in the established sequence and not violate the law.

Over the course of life, people sometimes reconsider decisions made over time, and military personnel are no exception in this regard. By signing a contract for military service with the Ministry of Defense, a person undertakes to comply with its terms and remain in the armed forces for the agreed period.

But what if circumstances change? How can a contract worker resign? What if your health suffered, a better-paying job came up, or you simply lost the desire to serve? How to properly resign from the army without a negative article and receive the payments due?

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