After what time is a Severe Reprimand for a Serviceman Removed?

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Published: 06/02/2016

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Military personnel, like employees of non-law enforcement organizations, are required to follow certain rules. For violation of the rules, sanctions are provided for, enshrined in several Russian legal acts.

But the culprit for violating discipline must be brought to justice within the prescribed time frame and legally.

• Normative base
• Types of liability
• Reasons for attraction
• Disciplinary action
• Applying order
• When is prosecution not allowed?
• Consequences of foreclosure
• How is a penalty removed?
• Incentives

Normative base

The main legal document regulating the rights and obligations of military personnel is Law No. 76, adopted in May 1998.

Its task is to ensure the social and legal interests of those liable for military service, as well as to determine the range of their responsibilities related to military service.

There is also another federal act - Presidential Decree No. 1495, which approved the general provisions of military regulations. According to the Decree, which was adopted in November 2007, the provisions of the charters should not contradict Law No. 76. The publication will use the concepts, rules and requirements enshrined in both the 76th Law (“On the Status of Military Personnel”) and the Decree.

Types of liability

• If a serviceman violates administrative regulations or commits a crime, the provisions of the Criminal or Administrative Codes will apply to him. That is, he will bear criminal or administrative liability according to the general rules.
• For violation of the regulations, a military man may be subject to disciplinary action. In this case, the offense may contain elements of an administrative offense. However, when imposing sanctions, the norms will not be the Administrative Code, but the 76th Law.

According to the law, not only contract soldiers or conscripts, but also citizens called up for training are responsible.

Article 28

Disciplinary arrest for several gross disciplinary offenses is imposed by absorbing a less severe disciplinary sanction with a more severe one, or by partially or completely adding up the terms of arrest within the period established by paragraph three of this paragraph.

Disciplinary arrest is applied to a serviceman or citizen called up for military training only in exceptional cases and only for a gross disciplinary offense committed by him. Moreover, if the gross disciplinary offense is an administrative offense, then disciplinary arrest can be applied only in the case where the Code of the Russian Federation on Administrative Offenses provides for administrative punishment in the form of administrative arrest for such an administrative offense.

Reasons for attraction

Military discipline can be violated by an offense:

• intentional;
• careless;
• rude;
• small.

Intent is implied when the perpetrator was aware of what he was doing, and therefore could foresee the consequences of his actions (or inaction). If a serviceman acted carelessly and was unaware of the consequences, his offense is not considered intentional.

Minor offenses are actions (or inaction) as a result of which no great harm was caused either to the order or to outsiders . For example:

• being late;
• not a gross violation of the regime of a military unit, etc.

At the same time, Decree No. 1495 contains a list of gross violations of discipline. These include circumstances:

• hazing (“hazing”);
• leaving the territory of a unit without permission (with the exception of officers);
• failure to appear on the due day from dismissal (from a ship, from a business trip, from vacation, from a hospital or hospital);
• absence from the place of duty for more than 4 hours without good reason;
• failure to appear on a summons to the military registration and enlistment office;
• violation of the order of combat duty, border, guard service, patrol, and protection of public order;
• damage, waste, illegal use of property of a military unit (intentional and careless);
• improper handling of ammunition, weapons, equipment, explosives, etc., if harm is caused to people or property of a military unit;
• violations of traffic rules and rules for driving cars and other equipment, if negligence causes harm to people or property;
• being on duty under alcohol or other intoxication (including refusal of a medical examination);
• inaction of the commander to prevent disciplinary offenses by his subordinates.

Briefly about the deadlines

The unit commander is given ten days to investigate the violation. The command must make a decision on the type of punishment within two days. Responsibility comes into force after the commander signs part of the order on punishment. If it is not possible to punish a serviceman immediately (wounded, ill), the execution period is 30 days.

For a violation committed during combat duty or daily duty, responsibility begins after the surrender of authority (duty officer, orderly, etc.). Execution of punishment for drunkenness is carried out after the serviceman has acquired an adequate condition.

Service non-compliance is declared no more often than once every 12 months. Minor and major penalties are subject to automatic removal after a year (if the penalty has not been executed during this period of time, the decision is cancelled). You can challenge the order within 10 days.

Early removal of the penalty is possible at the request of the unit commander to the command of the unit for his soldier. Removal of an imposed penalty in the Armed Forces is one of the types of incentives.

Disciplinary action

For violation of military discipline, measures may be taken against the perpetrators:

• reprimand (including severe);
• deprivation of dismissal;
• deprivation of a badge;
• warning;
• demotion in position or rank (by step);
• dismissal from service before the end of the contract;
• expulsion from a military school or university;
• deduction from fees;
• disciplinary arrest (no longer than 45 days).

Important - you cannot arrest:

• officer;
• a conscript who has not taken the oath;
• minor;
• military personnel.

Applying order

Penalties are imposed on the perpetrators in strict accordance with Law 76.

In this case, a trial is first scheduled, the result of which will be evidence of the soldier’s guilt. Based on the evidence collected, a penalty is imposed.

The overlay algorithm is as follows:

1. if a violation is detected, the immediate commander of the perpetrator draws up a report on the violation;
2. if a gross misconduct has occurred, a protocol is drawn up;
3. the culprit is familiarized with the protocol and materials of the proceedings and is obliged to explain in writing the reasons for the offense;
4. if necessary, the serviceman may be provided with a lawyer;
5. the commander of the culprit provides the results of the investigation, the protocol and explanations of the culprit to the unit commander within 10 days;
6. The unit commander reviews the materials for a maximum of two days and decides on the type of punishment or on sending the materials to a military court (if a crime or gross violation has occurred).

When assigning a type of punishment, the unit commander must take into account:

• the offense was committed intentionally or carelessly;
• what consequences did it entail (severe or minor);
• characterization of the perpetrator's personality.

Penalty is applied no later than 10 days from the date of transfer of materials.

In this case, the guilty party can appeal the decision of the unit commander to a higher commander or in a military court if he considers himself innocent.

The decision of the unit commander is formalized according to the document flow rules adopted in the unit. There is no special form of order to impose a penalty.

Military law. Disciplinary responsibility

Article 28 of Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel”, for committing offenses, provides for bringing military personnel to disciplinary liability in accordance with this Federal Law and other federal laws.

In accordance with paragraphs 1, 2, 6, 7, 10 of Art. 28.2 of the said Federal Law, a serviceman is brought to disciplinary liability for a disciplinary offense, that is, for an unlawful, guilty action (inaction), expressed in a violation of military discipline, in respect of which his guilt has been established. Guilt must be proven in the manner established by this Federal Law and other federal laws, and established by the decision of the commander. A serviceman is not required to prove his innocence. When bringing a serviceman to disciplinary liability, humiliation of his personal dignity, causing him physical suffering and showing rudeness towards him are not allowed.

Based on paragraph 2 of Art. 28.3 of the said Federal Law, it is not permitted to bring a serviceman or citizen called up to military training to disciplinary liability if his action (inaction) is not unlawful or guilty.

According to paragraph 1 of Art. 28.5 of the said Federal Law, when imposing a disciplinary sanction, the nature of the disciplinary offense, the circumstances and consequences of its commission, the form of guilt, the identity of the serviceman who committed the disciplinary offense, circumstances mitigating disciplinary liability, and circumstances aggravating disciplinary liability are taken into account.

Article 28.6 of Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel” defines the circumstances to be clarified when bringing a serviceman to disciplinary liability, and also sets out the principles for assessing evidence by commanders considering materials about a disciplinary offense.

Based on Art. 28.8 of the said Federal Law, a trial is conducted upon the commission of a disciplinary offense by a military personnel. The proceedings do not begin, and the started proceedings are terminated if there are circumstances that exclude disciplinary liability.

The duration of the proceedings should not exceed 10 days.

The procedure for conducting the proceedings, the powers of the commander or other person conducting the proceedings are determined by general military regulations in accordance with this Federal Law.

During the proceedings, evidence must be collected on the basis of which circumstances can be established that must be clarified when bringing the serviceman to disciplinary liability.

According to Art. 50 of the Disciplinary Charter of the Armed Forces of the Russian Federation, when bringing a serviceman to disciplinary liability, the circumstances of his disciplinary offense are clarified and evidence is collected.

Evidence when bringing a serviceman to disciplinary liability is any factual data on the basis of which the commander (chief), considering materials about a disciplinary offense, establishes the presence or absence of circumstances in which the serviceman committed a disciplinary offense. The commander (chief), considering materials about a disciplinary offense, evaluates the evidence according to his inner conviction, based on a comprehensive, complete and objective study of all the circumstances of the commission of a disciplinary offense in their entirety.

Article 81 of the Disciplinary Charter of the Armed Forces of the Russian Federation determines that the decision by the commander (chief) to apply a disciplinary sanction to a subordinate serviceman is preceded by a trial.

The proceedings are carried out in order to identify the perpetrators, identify the causes and conditions that contributed to the commission of a disciplinary offense. The proceedings, as a rule, are conducted by the immediate commander (superior) of the serviceman who committed the disciplinary offense, or by another person appointed by one of the direct commanders (superiors). The proceedings, as a rule, are conducted without the preparation of written materials, except for cases where the commander (chief) has demanded that the materials of the proceedings be submitted in writing.

The application of a disciplinary sanction (Article 83 of the DU of the RF Armed Forces) to a serviceman is carried out within 10 days from the day when the commander (chief) became aware of the disciplinary offense committed (not counting the time for conducting proceedings, proceedings in a criminal case or in an administrative case). offense, the time of illness of the serviceman, his being on a business trip or leave, as well as the time he performed a combat mission), but before the expiration of the statute of limitations for bringing the serviceman to disciplinary liability.

Also in accordance with Art. 90 of the Disciplinary Charter of the Armed Forces of the Russian Federation, a disciplinary sanction is carried out, as a rule, immediately, and in exceptional cases - no later than the expiration of the statute of limitations for bringing a serviceman to disciplinary liability.

After the statute of limitations has expired, the collection is not executed, but a record of it is retained in the service card. The execution of a disciplinary sanction when filing a complaint is not suspended unless an order from a superior commander (chief) is issued to cancel it.

The commander has the right to decide on punishment with his own authority or, within up to 10 days, to submit the materials of the proceedings to a superior commander, according to his subordination.

The proceedings end with the drawing up of a protocol.

The protocol and materials of the proceedings are provided to the serviceman for review and are then sent to the commander for consideration.

The commander of a military unit is obliged, within up to two days, to review the protocol and materials on the commission of a gross disciplinary offense and make a decision either to send them to the garrison military court, or to apply another disciplinary sanction to the serviceman.

If the circumstances of the commission of the traffic police were established earlier (by an audit, inspection or administrative investigation, etc.), then the commander may not order a hearing. In this case, the preparation of the protocol should not exceed three days.

In addition, according to paragraph 4 of Art. 51.1 of the Federal Law of March 28, 1998 N 53-FZ “On Military Duty and Military Service” penalties provided for in sub. “D.1” and “D.2” clause 1 and sub. "e.1" clause 2 of Art. 51 of the said Federal Law and other regulatory legal acts of the Russian Federation on military service are applied no later than one month from the date of receipt of information about the commission of a corruption offense by a serviceman, not counting the period of temporary incapacity for work of a serviceman, his stay on leave, and other cases of his absence from service for valid reasons, as well as the time of the inspection and consideration of its materials by the commission for compliance with the requirements for official conduct of federal civil servants and the resolution of conflicts of interest (certification commission). In this case, the penalty must be applied no later than six months from the date of receipt of information about the commission of a corruption offense.

In accordance with Order of the Minister of Defense of the Russian Federation dated February 29, 2012 N 444 “On the procedure for organizing and conducting certification of military personnel serving under contract in the Armed Forces of the Russian Federation” No later than two weeks before certification to the certification commission of the military unit An attestation sheet is presented for the serviceman subject to certification.

A review of a serviceman is drawn up by his immediate (direct) commander (superior) from among the officers, federal civil servants or civilian personnel of the Armed Forces of the Russian Federation holding the corresponding military positions (positions), in Section I of the certification sheet and is presented upon command.

The serviceman being certified has the right to familiarize himself with the certification sheet containing the review before submitting it to his direct superior or to the certification commission and to submit to the certification commission additional information about his service activities for the previous period, as well as a statement of his disagreement with the submitted review.

The commander (chief) of the serviceman being certified, who draws up the certification sheet, is responsible for the objectivity of the certification and the validity of the conclusions and recommendations stated in it.

At the same time, in accordance with the provisions of Art. 28.3 of the Federal Law “On the Status of Military Personnel”, violation of the deadlines for bringing to justice is a circumstance excluding disciplinary liability.

When is prosecution not allowed?

The perpetrator of a violation of discipline cannot be held accountable if a year has passed since the commission of the offense . The same period is provided for the application of punishment.

In addition, Article 28.3 of Law No. 76 prohibits the involvement of the military for offenses committed under the following circumstances:

• execution of the commander's order;
• with necessary defense (without exceeding limits);
• when detaining a criminal (if it was impossible to take other measures);
• when necessary (without exceeding limits);
• under conditions of reasonable risk;
• under duress;
• if the culprit is dismissed from service.

It is stipulated that only one type of punishment can be assigned for one offense.

On duties and disciplinary power

The penalties to which a military member may be subjected do not necessarily have to have an administrative or criminal basis. Most penalties applied to personnel relate to violations of military discipline and failure to fulfill military duties.

The main obligations of a person in uniform include:

• loyalty to the Ceremonial Oath (oath) and the fundamental Law of the State (Constitution);
• accurate execution of orders;
• adherence to statutory rules;
• respect for commanders and military leaders;
• strict security of information related to state secrets;
• strengthening military camaraderie;
• decent behavior;
• impeccable outfit.

Disciplinary power, that is, the right to decide on punishment and reward, is vested in unit commanders. The rights granted to subordinate commanders are always possessed by the higher command. Penalties imposed on subordinates are a method of educational work.

Its main functions are as follows:

• awareness of wrongdoing;
• carrying out punishment corresponding to the offense;
• prevention of violations of military discipline.
• development of one of the key qualities of a warrior - self-discipline.

Penalties in the army are divided into several types, and are imposed according to the principle: one violation - one punishment. That is, several types of penalties cannot be applied to a fighter for the same offense. The application of a specific type of disciplinary action to military personnel depends on the severity of the offense committed.

The analysis of rewards and penalties is carried out in each division in the form of a card index. You can get acquainted with the information entered in the service card once every six months, against signature. Upon promotion in rank, information about penalties imposed is canceled, along with the old service card. The new card contains information about the rewards received.

Sample Service Card for a Serviceman

Consequences of foreclosure

The imposed penalties are entered into the service card and are taken into account in the future when making a decision on incentives or penalties. Punishments are carried out depending on its type:

• announced before the formation (for officers - in person or at a meeting);
• in case of deprivation of dismissal, the culprit does not have the right to leave the unit and participate in cultural events for a week;
• arrest requires isolation (placement in a guardhouse);
• expulsion or early dismissal from service occurs without the consent and participation of the culprit.

Responsibilities of a military personnel at disposal (behind the staff)

As the wise saying goes: “Come back to earth if your brain is clouded and your heart is empty. Only by returning to the beginning can we see the path.” Therefore, let's begin to deal with this issue from the very beginning. According to Article 13, paragraph 1 of Decree of the President of the Russian Federation No. 1237 of September 16, 1999 “Issues of military service “Regulations on the procedure for military service”:

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It follows that only the commander of the military unit in which he is stationed (behind the staff) and no one else has the right to give orders to a military personnel. Questions immediately arise: what orders does he have the right to give to the military personnel at his disposal (behind the staff)? Can I put him on guard or as a brigade duty officer? Appoint to perform duties for a vacant position while it is available? What duties must he perform?

Demotion applies to all contract soldiers; officers cannot be demoted. A specific penalty for contract employees is to warn the person of incomplete compliance. It is issued no more than once a year and is removed upon completion, and a serviceman who is under punishment and has committed another offense may be dismissed from the army.

1. A well-known and “civilian” reprimand or severe reprimand. Perhaps every military man knows what a reprimand is in the army As a rule, it does not entail any consequences in the legal field, and it only affects the service indirectly, reducing the likelihood of receiving awards and encouragement from the command. In fact, there is no big difference between a regular reprimand and a “stricter”; however, each punishment is imposed depending on the severity of the offense at the discretion of the head of the unit.
2. Revocation of leave. Such a ban can be in effect for a period of no more than a week, during which the offending soldier is obliged to remain on the territory of the military unit.
3. Disciplinary arrest. It is used for persistent violators of discipline and persons who have committed gross offenses. In accordance with the Charter, the period of placement in a guardhouse - 30 days - can be assigned either for one case or for several at the same time, but not more than the above period. Another 15 days can be added for violations committed while serving the sentence. Another point that should be taken into account by conscripts who are “on the wrong side” is that this month will be added to the total period of service.
4. Deprivation of the “Excellence in Military Service” award. In addition to the fact that the commander submits a request to revoke the badge, the procedure provides for its removal before the general formation.
5. Demotion. Applies to those conscripts who, during their service, received the rank of corporal, sergeant or senior sailor in the fleet.

In addition, when the owner changes, the new owner can appoint his own director, deputy and chief accountant. And when an enterprise is liquidated or its workforce is reduced, the employees are first offered another job. And, if they refused in writing, you can fire them under Art. 74 Labor Code of the Russian Federation.

When tardiness, rudeness, and forgetfulness become a habit, a reprimand will be more effective. In general, Art. 192 of the Labor Code of the Russian Federation does not indicate when and what to apply, so the employer chooses the measure himself. A reprimand or reprimand is valid only for a year, after which the punishment is automatically lifted, and there is no need to draw up an order about this.

How is a penalty removed?

If the serviceman’s behavior is corrected, his commander petitions the unit commander to remove the penalty, then it is lifted ahead of schedule. In other cases, the penalty is valid for a year.

After the penalty is lifted, a note about this is made on the service card.

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After what time is a Severe Reprimand for a Serviceman Removed?

Transfer to a lower position in the internal affairs bodies as a type of disciplinary sanction can be applied if an employee of the internal affairs bodies commits a gross violation of official discipline or repeated violations of official discipline and if there is a disciplinary sanction imposed in writing.

A disciplinary sanction imposed on an employee of internal affairs bodies by order of the head of the federal executive body in the field of internal affairs or an authorized head is considered lifted after one year from the date of its imposition, if this employee was not subject to a new disciplinary sanction during the specified period, or from the date of issue an order for incentives in the form of early removal of a disciplinary sanction previously imposed on an employee. A disciplinary sanction announced publicly orally is considered lifted after one month from the date of its imposition.