How to assign financial responsibility to a military personnel

Why are they attracted?

Let us consider the main conditions under which this type of financial liability occurs:

• an established fact of actual material damage, i.e. loss, theft, damage, etc. of military property;
• finding the culprit at the time of causing harm during the performance of military duties (a military serviceman who was not on duty bears financial liability under civil law);
• damage was caused to federal property (property of a military unit);
• the amount of losses caused to military personnel does not matter for bringing to financial responsibility;
• the perpetrator can be prosecuted both administratively and judicially;
• one sanction has been established - the obligation to make monetary compensation for material damage caused at the expense of personal funds;
• The statute of limitations is 3 years from the date of discovery of the loss.

If a serviceman caused losses while executing an order from a commander or carrying out lawful actions justified by official risk, it is prohibited to hold him accountable.

Procedure and timing of the investigation

Prosecution can only be carried out after an administrative investigation. The commander of the military unit, after discovering a problem, must organize its implementation. The procedure will allow:

• — establish the grounds for bringing to responsibility;
• — determine the causes of violation of the law;
• — find out the extent of the damage and the persons responsible for causing it.

Such actions can be avoided when the shortage or violation was established by a court or revealed as a result of an audit, inspection or investigative actions.

Full and limited financial liability

The Federal Law on the financial liability of military personnel provides for two types: limited and full.

Limited financial liability occurs in the following cases:

• damage caused by negligence by contract workers, as well as persons called up for military training. In the amount of damage caused, but not more than one salary (monthly) and one bonus for length of service (monthly), for conscripts - no more than two salaries per month;
• payment due to a military contractor of various fines for equipment downtime, intentional increase in the volume of work performed, violation of tax payment deadlines. In the amount of damage caused, but not more than two monthly salaries and two monthly bonuses for length of service;
• violation of the established procedure for the movement of property (accounting, storage, transportation), lack of measures taken to prevent its theft, damage, destruction, and excessive cash payments. In relation to commanders (chiefs), due to whose orders these violations occurred, financial liability is established in the amount of damage, but not more than one salary (monthly) and one bonus for length of service (monthly);
• illegal dismissal, appointment or transfer to another higher-paid position. In relation to commanders (chiefs), financial liability is established in the amount of losses, but not more than three monthly salaries and three monthly bonuses for length of service.

Full financial liability occurs when damage is caused:

• to the military personnel into whose custody the property is placed under account for the purposes of storage, transportation, issuance, and use;
• actions that contain elements of a criminal offense;
• as a result of destruction, damage, or theft of property carried out with intent, regardless of the presence of signs of a criminal offense;
• intentional actions that entailed costs for the treatment of military personnel injured as a result of such actions;
• in a state of intoxication of various types.

How is funds withheld?

Funds are withheld from the military personnel's monthly allowance. The amount cannot exceed 20% when indemnifying limited liability and 50% if full liability is due for the damage caused.

If, under the circumstances, funds of a different nature are withheld, then the current legislation of the Russian Federation does not allow them to exceed 50% of the allowance. The procedure and sequence of withdrawal of funds is regulated by Federal laws.

If any problems arise during your service, you should contact a lawyer specializing in military law. He is able to provide clarification on all issues and suggest how to get out of the current situation and defend your rights.

How to draw up a contract correctly

The current legislation does not establish the need to conclude an agreement on the full financial liability of a military man, since issues in this area are explained in detail in 161-FZ. However, there is no prohibition on concluding such an agreement. Thus, the decision to conclude a contract becomes optimal.

The document must include:

• a list of reasons (circumstances) due to which it is concluded;
• the means by which damages will be compensated;
• requirements regarding the conditions of maintenance and storage of property;
• provisions on the availability and compliance of property with established requirements (frequency of audits, composition of commissions, etc.);
• requirements for non-disclosure of military secrets, etc.

The rest of the contract must meet the general requirements for contracts contained in civil (labor) legislation.

How to properly bring a military person to financial responsibility

The unit commander appoints by order or directive an administrative investigation, establishes its duration, responsible persons and determines the fact on which the inspection will be carried out. The second option is a resolution on the report, which will become the basis for verification.

The algorithm of actions is as follows:

• gathering a commission for investigation;
• analysis of the situation;
• identification of the guilty person, study of his official responsibilities;
• clarification of the circumstances of the violation;
• analysis of the collected information, determination of the presence or absence of intent, calculation by the accountant of part of the amount of damage caused;
• obtaining explanations from the persons involved in the case;
• Attach the inspection report, explanations, reports, reports to the inspection materials.

Upon the fact of the damage caused, the commander of the military unit issues an order on the liability of the serviceman.

There is no established form for this type of order, so it is drawn up in accordance with general requirements.

The header of the order includes the details of the military unit, name, document number, place and date of compilation.

The preamble contains the rationale for its publication (the circumstances that led to its creation) or the basis (a direct reference to a specific document or legislative act).

The main part contains:

• directly information about the violation;
• an indication of the amount of compensation in relation to the guilty person;
• Instructing the financial service to make appropriate deductions.

The commander signs the order upon completion of the investigation. The contents of the document are communicated to the guilty person against signature.

Federal Law of July 12, 1999 No. 161-FZ “On the financial liability of military personnel”

With changes and additions from: December 4, 2006, July 2, November 25, 2013, June 4, 2014, July 18, 2021

Adopted by the State Duma on June 22, 1999

Approved by the Federation Council on June 25, 1999

Chapter I. General provisions

Article 1. Subject of regulation and scope of this Federal Law

1. This Federal Law establishes the conditions and extent of financial liability of military personnel and citizens called up for military training (hereinafter referred to as military personnel), for damage caused by them in the performance of military service duties to property that is federally owned and assigned to military units, and also determines procedure for compensation for damage caused.

2. This Federal Law applies to military personnel undergoing conscription and contract military service in the Armed Forces of the Russian Federation, as well as other troops, military formations and bodies in which military service is provided for by the legislation of the Russian Federation.

Article 2. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts apply:

• military units - military command and control bodies, associations, formations, military units, ships, organizations, military professional educational organizations and military educational organizations of higher education, in which, in accordance with the legislation of the Russian Federation, military personnel perform military service;
• commanders (chiefs) - commanders (chiefs) of military units, their deputies, commanders (chiefs) of structural units of military units and their deputies;
• property of a military unit (hereinafter referred to as property) - all types of weapons, military equipment, ammunition, fuels and lubricants, fuel, food, clothing and other types of military property, buildings, structures, money and securities, other material assets that are federal property and assigned to a military unit;
• real damage (hereinafter also referred to as damage) - loss or damage to the property of a military unit, expenses that the military unit has made or must make to restore or acquire lost or damaged property, as well as excess cash payments made by the military unit.

Article 3. Conditions of financial liability of military personnel for damage caused

1. Military personnel bear financial responsibility only for actual damage caused through their fault.

2. Military personnel who cause damage while not performing military service duties bear civil liability in accordance with the civil legislation of the Russian Federation.

3. It is not allowed to bring military personnel to financial liability for damage caused as a result of the execution of the order of the commander (superior), as well as as a result of lawful actions, justified official risk, or force majeure.

4. Military personnel may be held financially liable in accordance with this Federal Law within three years from the date of discovery of the damage.

Chapter II. Financial liability of military personnel

Article 4. Limited financial liability of military personnel

1. For damage caused by negligence during the performance of military service duties, military personnel undergoing military service under a contract and citizens called up for military training shall bear financial liability in the amount of damage caused by them, but not more than one month’s salary and one month’s salary bonuses for length of service; military personnel undergoing military service upon conscription - no more than two monthly salaries, with the exception of cases when this Federal Law and other regulatory legal acts of the Russian Federation establish other amounts of financial liability for military personnel.

2. Military personnel performing military service under a contract who are guilty of causing damage associated with the payment by a military unit of fines for idle time of containers, wagons, ships and cars, overestimating the volume of work performed, untimely payment of taxes and other obligatory payments to the relevant budgets, bear financial responsibility in the amount of damage caused, but not more than two monthly salaries and two monthly bonuses for length of service.

3. Commanders (chiefs) who, by their orders (instructions), violated the established procedure for accounting, storage, use, expenditure, transportation of property or who did not take the necessary measures to prevent its theft, destruction, damage, spoilage, excessive cash payments, which resulted in damage, or those who have not taken the necessary measures to compensate the guilty persons for the damage caused to the military unit, bear financial liability in the amount of the damage caused, but not more than one month’s salary and one month’s bonus for length of service.

4. Commanders (chiefs) of military units guilty of illegally dismissing a military personnel (civilian personnel) from military service (work), illegally transferring a civilian personnel to another job, illegally appointing a military personnel (civilian personnel) to a position not provided for by the state ( staffing table) of a military unit, or for a position paid higher than the actual position held, bear financial liability for damage caused by excessive monetary payments made as a result of the illegal dismissal of a military personnel (civilian personnel), illegal transfer of a civilian personnel to another job, illegal appointment military personnel (civilian personnel) for a position, in the amount of damage caused, but not more than three monthly salaries and three monthly bonuses for length of service.

Article 5. Full financial responsibility of military personnel

Military personnel bear financial liability for the full amount of damage in cases where the damage is caused:

• military personnel to whom the property was transferred under accountability for storage, transportation, issue, use and other purposes;
• as a result of criminal actions (inaction) of a military serviceman established by a court verdict that has entered into legal force;
• as a result of theft, intentional destruction, damage, spoilage, illegal expenditure or use of property or other intentional actions (inaction), regardless of whether they contain elements of a crime provided for by the criminal legislation of the Russian Federation;
• deliberate actions of military personnel, resulting in costs for treatment in medical organizations of military personnel injured as a result of these actions;
• military personnel who voluntarily brought themselves into a state of intoxication.

Chapter III. Determination of the amount of damage caused and the procedure for its compensation

Article 6. Determination of the amount of damage caused

1. The amount of damage caused is determined by actual losses, based on the records of the property of the military unit and based on the prices in force in the given area (for military units stationed outside the Russian Federation - in the host country) on the day the damage was discovered.

Prices for weapons, military equipment, ammunition, and other property centrally supplied to military units are determined by authorized state bodies.

2. The amount of damage caused is determined taking into account the degree of deterioration of the property according to the standards established on the day the damage was discovered, but not lower than the cost of scrap (scrap) of this property.

3. In case of illegal appointment of a military serviceman (person of civilian personnel) to a position not provided for by the staff (staffing table) of a military unit, the amount of damage is determined by the amount of monetary allowance (wages paid) paid to the serviceman (person of civilian personnel), and in case of illegal appointment to a position, paid above the position actually occupied by a military personnel (person of civilian personnel) - the difference between the paid allowance (paid wages) and the monetary allowance (wages) for the actual position held.

4. The amount of damage caused in the case provided for in paragraph five of Article 5 of this Federal Law is determined by the actual costs of treatment of military personnel injured as a result of the deliberate actions of other military personnel in medical organizations.

5. The amount of compensable damage caused by the fault of several military personnel is determined for each of them, taking into account the degree of guilt and the type of financial responsibility.

6. When a serviceman is brought to financial liability, the amount of the serviceman’s monthly salary and the amount of the monthly bonus for length of service are determined on the day the order of the commander (chief) of the military unit is issued or the court makes a decision on compensation for damage.

Article 7. Conducting an administrative investigation when damage is discovered

1. When damage is discovered, the commander (chief) of a military unit is obliged to order an administrative investigation to establish the causes of the damage, its size and the perpetrators. The administrative investigation must be completed within one month from the date of discovery of the damage.

If necessary, this period may be extended by a higher-ranking commander (chief), but not more than for one month.

1.1. If the causes of damage, its amount and the perpetrators can be established during the proceedings on the fact that a serviceman has committed a disciplinary offense, instead of an administrative investigation, the said proceedings may be carried out in accordance with Federal Law of May 27, 1998 N 76-FZ “On the status of military personnel "

2. An administrative investigation may not be carried out if the causes of the damage, its amount and the perpetrators are established by the court, during the proceedings on the fact that a military serviceman has committed a disciplinary offense or as a result of an audit, inspection, inquiry or investigation.

Article 8. Compensation for damage by military personnel

1. Compensation for damage, the amount of which does not exceed one monthly salary of a military personnel and one monthly bonus for length of service, is made by order of the commander (chief) of a military unit by deductions from the monetary allowance of the military personnel who caused the damage.

An order for compensation for damage caused by the commander (chief) of a military unit is issued by a superior commander (chief) of the military unit in the order of subordination.

The issue of compensation for damage, the amount of which exceeds one monthly salary of a serviceman and one monthly bonus for length of service, is decided by the court upon the claim of the commander (chief) of the military unit. A claim for compensation for damage caused by the commander (chief) of a military unit is brought by a superior commander (chief) of the military unit in the order of subordination.

2. The order of the relevant commander (chief) of a military unit on compensation for damage must be issued within two weeks from the date of completion of the administrative investigation or the adoption by the relevant commander (chief) of a decision based on the results of consideration of materials about a disciplinary offense or receipt of a court decision or materials of an audit, inspection, inquiry , investigation, is announced to the serviceman against signature and is put into execution after seven days after its announcement to the serviceman.

If the order for compensation for damage is not issued within two weeks, the issue of bringing the serviceman to financial liability is decided by the court at the request of the relevant commander (chief) of the military unit.

3. Military personnel performing military service outside the Russian Federation shall compensate for damage caused in the currency of the host country. If it is impossible to compensate for damage in the currency of the host country (including in the case of a serviceman leaving for the territory of the Russian Federation), the damage is compensated in rubles, recalculated at the official exchange rate established by the Central Bank of the Russian Federation on the day the damage was discovered.

4. The order of the commander (chief) of a military unit regarding compensation for damage may be appealed by a military personnel to a higher commander (chief) and (or) in court. An appeal against an order for damages does not suspend the withholding of funds from the serviceman’s pay. If the order for compensation for damage is canceled, the withheld funds are returned to the serviceman.

5. Compensation for damage is made regardless of whether the serviceman is brought to disciplinary, administrative or criminal liability for actions (inaction) that caused the damage.

6. A military serviceman may voluntarily fully or partially compensate for the damage caused in cash.

7. Deductions from a military serviceman’s allowance by court decision are made on the basis of a writ of execution issued by the court.

8. The difference between the amount of damage caused and a certain order of the commander (chief) of a military unit or a court decision, the amount of deductions from the military personnel’s pay is attributed to the funds allocated from the federal budget to the relevant federal executive body (federal state body) under whose jurisdiction the military unit is located. part, by the decision of the commander (chief) within the limits of the rights granted to him.

Article 9. Compensation for damage in the event of a serviceman’s dismissal from military service or his transfer to a new duty station

1. In the event that a serviceman brought to financial liability (a citizen called up for military training) has not compensated for the damage caused by the day of dismissal from military service (end of training), the remaining debt owed to him is collected according to the rules of enforcement proceedings established by the legislation of the Russian Federation.

2. In the event that the serviceman who caused the damage (a citizen called up for military training) was dismissed from military service (left the military training due to its end) and was not held financially liable, the recovery of damages from him is made by the court based on a claim brought by the commander ( chief) of a military unit, in the amount established by this Federal Law. In this case, the amount of the monthly salary and the amount of the monthly bonus for length of service are determined on the day the serviceman (a citizen called up for military training) is discharged from military service (end of training).

3. In the event of a transfer to a new place of service, compensation for damage to military personnel who were held financially liable and did not compensate for the damage caused is made at the new place of service on the basis of an entry in the pay book or monetary certificate of the military serviceman.

If the decision to hold the serviceman who caused the damage to financial liability was not made before his transfer to a new duty station, the commander (chief) of the military unit is obliged to send, within five days from the date of completion of the administrative investigation, audit, inspection, inquiry, receipt of investigation materials or a court decision necessary materials for the serviceman’s new place of duty to bring him to financial responsibility.

In this case, compensation for damage is made at the serviceman’s new place of service in the manner prescribed by Article 8 of this Federal Law. The order of the commander (chief) of a military unit on compensation for damage is issued within two weeks from the date of receipt of the materials specified in this paragraph from the serviceman’s previous place of service.

Article 10. Compensation for damage caused by military personnel to third parties

Military personnel who caused damage to third parties, which, in accordance with the legislation of the Russian Federation, was compensated by the military unit, compensate the military unit for the damage caused in the manner and in the amount provided for by this Federal Law.

Article 11. Conditions for reducing the amount of damage subject to compensation

The amount of money to be recovered from a serviceman to compensate for the damage caused may be reduced by the commander (chief) of a military unit with the permission of a higher commander (chief), as well as by the court, taking into account the specific circumstances, degree of guilt and financial situation of the serviceman, with the exception of cases provided for paragraph four of article 5 of this Federal Law.

Article 12. Procedure for making monetary deductions

1. Monthly monetary deductions for compensation of damage caused to a military personnel are made in the amount of 20 percent of the monthly monetary allowance, and for compensation of damage caused in the cases provided for in paragraph four of Article 5 of this Federal Law - in the amount of 50 percent of the monthly monetary allowance of the military personnel.

2. If other monetary deductions are made from the military personnel’s allowance as provided for by the legislation of the Russian Federation, then the total amount of all monetary withholdings cannot exceed 50 percent of the military serviceman’s monthly monetary allowance. In this case, the order of these deductions is determined by the legislation of the Russian Federation.

Damage compensation procedure

Compensation for damage caused, the amount of which does not exceed one salary and bonus, is made by order of the unit commander by deducting from the monetary allowance of the person responsible for causing material damage.

If the question of compensation for more serious harm arises, it is decided exclusively by the court. The statement of claim is submitted by the commander of the military unit.

The order must be issued within 14 days after the investigation, the entry into force of the court decision, receipt of materials and audit reports. The violator is introduced to its contents upon signature. The order must be accepted for execution no later than seven days from the date of its publication.

Such an order can be appealed to a higher commander or to a judicial authority. It is important to remember that a challenge does not suspend the withholding of funds. Subsequent study of the materials should provide an answer as to whether the grounds for disciplinary, administrative or criminal liability are correctly identified.

Deduction from the offender's allowance, which is carried out by court decision, is carried out on the basis of a writ of execution.