This decision was made by the Constitutional Court of Russia. We are, of course, talking about cases where a student was expelled due to poor academic performance or discipline. Such a procedure does not violate the interests of young people and contributes to “ensuring the need of the Armed Forces for qualified military personnel,” the Constitutional Court believes. Correspondent Sergei Gololobov examined his verdict.
Former cadet Dmitry Morgachev appealed to the Constitutional Court. He studied poorly and was expelled. The guy was forced by court to return “the money spent on his preparation.” Moreover, this practice is not new. They are trying to collect money from all expelled cadets. And this is what the law says to do: military duty and military service." But Morgachev considered his situation to be special, explains the newspaper's Military Observer " TVNZ"Victor Baranets.
“This man entered military service under a contract, and therefore poses the question that since he left military school, entered the service, this measure of the law does not apply to him. But there is no such provision in the law. Therefore, I consider the demands of the Constitutional Court to be absolutely legitimate."
Training a cadet is a very expensive business. This includes attending classes, as well as uniforms, food, accommodation, ammunition, training equipment and much, much more. There is open data. Just a few years ago it cost 40 thousand dollars to train a motorized rifle lieutenant. Now that the training has become more intensive, this amount has grown to almost one hundred thousand dollars. And it costs incomparably more to train, for example, a Su-27 pilot, provides data Victor Baranets.
“So think about it. Training such a pilot costs the state treasury, you and me, an amount equal to eight kilograms of gold. And this is what happens. The state spends colossal amounts of money on training an officer, and he suddenly abandons the duties that imposed on him by contract. Unfair? Absolutely."
It is worth explaining that cadets who have completed one or two courses at the school usually enter into a contract with their law enforcement agency and become contract soldiers with all their responsibilities and privileges. For example, a salary of at least twenty thousand - compare with two thousand student scholarships! But if a cadet is kicked out of school, then, in theory, he should go and serve out his contract with the rank of private or sergeant. Therefore, people in uniform, even cadets, have their own special characteristics. In addition, the Constitutional Court analyzed precisely the law on military service, and not on education. Those. Themis's verdict applies only to cadets and cannot be extended to expelled students. They are not charged any tuition fees. Moreover, the opposite practice has developed, states the Chairman of the Russian Student Union, Commissioner for the Rights of Students of Russia Artem Khromov.
“In the case of expulsion of students, it is the latter who often go to court with a request to recover money from educational organizations that did not provide them with the proper level of training. Therefore, here the opposite practice has developed with cadets of military universities, when now, on the contrary, they can be charged funds for academic failure in case of expulsion."
In this regard, experts suggest not to generalize the decisions of the constitutional court on the cadet issue with students. Expulsion from the university in the near future will not threaten them with any material loss.
18.04.2019, 10:10
EVGENY SATANOVSKY: “The Great Migration of Peoples – what does it mean? A mass of people comes to you, who are not at all interested in who lived here and how they lived, they come from somewhere where they cannot and do not want to live, somewhere where everything seems fine to them. And she destroys everyone in her path. And it doesn’t matter, it’s the Huns who are going against the Roman Empire, it’s the Tatars-Mongols who are going against everything that is in Europe, including the Russian principalities.”
I am a 4th year cadet at the Military Academy of Chemical Defense in the city of Kostroma.
Circumstances have arisen that I need to be expelled from the above-mentioned educational institution.
By at will This turned out to be impossible to do. Therefore, I decided to expel based on the results of the next session. But the previously expelled cadets were sent to military units as soldiers to complete their military service.
No matter how much I was interested in what rules were used to calculate the period of additional service, I could never hear intelligible answers. Therefore, I decided to figure it out myself. And indeed, having studied the Federal Law “On Military Duty and Military Service”, the Presidential Decrees “Issues of passing military service", I just got confused and didn’t clarify the picture of what was happening.
And so, the Federal Law of the Russian Federation "On Military Duty and Military Service"
Article 35. Clause 1, paragraph 6.
Citizens enrolled in military educational institutions of vocational education are appointed to military positions as cadets, students or other military positions in the manner prescribed by this Federal Law, Regulations on the procedure for military service and other normative legal acts RF.
Point 2.
Citizens who have not undergone military service, upon enrollment in military educational institutions of vocational education, acquire the status of military personnel undergoing military service on conscription, and enter into a contract for military service upon reaching the age of 18, but not earlier than their completion of the first year of study in these educational institutions .
Those. Cadets, while studying in their first year, undergo military service.
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Point 4.
Male military personnel expelled from military educational institutions of vocational education for indiscipline, poor academic performance or unwillingness to study, as well as those who refused to enter into a contract for military service, if by the time of expulsion from these educational institutions they had reached the age of 18 years, had not served the established period of military service under conscription and do not have the right to dismissal from military service, exemption or deferment from conscription, but are sent to perform military service upon conscription.
In this case, the following is counted towards the period of conscription military service:
Duration of military service during training in a military educational institution of vocational education at the rate of two days of military service in the specified educational institution for one day of conscription military service (paragraph as amended, put into effect on April 29, 2004 by Federal Law of April 26, 2004 No. 29-FZ)
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It turns out that in the event of expulsion, the entire period of my training is in no way divided into periods of military service and contract service, like all other military personnel. As they say, one size fits all.
Those. If I am discharged now, then I still have about 4 months of military service.
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Next, it is worth considering another document
DECREE OF THE PRESIDENT OF THE RUSSIAN FEDERATION "Issues of military service" (as amended on July 5, 2009)
Article 3. Beginning, duration and end of military service.
Point 2.(for reference)
The service life is established:
for military personnel who do not have the military rank of officer and were called up for military service before January 1, 2007 - 24 months (2 years).
VIII.Procedure for dismissal from military service.
Article 34. The procedure for the dismissal of military personnel from military service and their exclusion from the lists of personnel of a military unit.
Point 19.
A serviceman undergoing conscription military service, as well as having entered into a contract for military service during the period of conscription military service (including those studying in the military educational institution), cannot be prematurely dismissed from military service before the expiration of the term of conscription military service established for him, with the exception of the grounds provided for in subparagraphs "c" - "g" of paragraph 1, paragraphs 4 and 5 of Article 51 of the Federal Law.
When calculating the period of military service of a given serviceman, the total period of military service under conscription and the period of military service under a contract are taken into account in the manner determined by the Federal Law and these Regulations.
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It’s clear that after studying as a cadet for 3.5 years, you don’t really want to serve 4 months as a soldier, wasting time.
I ask for qualified advice. There is a chance, according to the law, to resolve this issue and prove that the first course is from the moment of admission to the signing of the contract - this is urgent service, and time contract services are counted as two days as one.
In addition, this insidious paragraph is in the editorial office, which means there is a chance not to refer to it when leaving the service.
As I understand it, every law, article, clause establishes certain rules for each citizen, and if the law is edited, then it is recognized as inferior, in other words, not working.
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Vitaly.
Telephone consultation 8 800 505-91-11
The call is free
I am a 4th year orphan cadet at a military school, and if I am expelled from the school, will I have to pay money?
Yes, they will have the right to recover money from you under an agreement or as unjust enrichment (Article 1102 of the Civil Code of the Russian Federation). According to clause 1 of Article 1102 of the Civil Code of the Russian Federation, a person who, without the grounds established by law, other legal acts or transaction, acquired or saved property (acquirer) at the expense of another person (victim), is obliged to return to the latter the unjustly acquired or saved property (unjust enrichment), except for the cases provided for in Article 1109 of this Code.
No, you won't have to pay. No reason (Article 1009 of the Civil Code of the Russian Federation)
---You don’t have to rejoice, ALL, WITHOUT EXCEPTION, the answers given to you are COMPLETELY INCORRECT AND NOT BASED ON THE LAW! see judicial practice on this issue!. Decision No. 2-847/2015 2-847/2015~M-607/2015 M-607/2015 dated June 25, 2015 in case No. 2-847/2015 Krasnoflotsky District Court of Khabarovsk ( Khabarovsk region) - Civil Essence of the dispute: Other claims Case No. 2-847/2015 DECISION In the name of Russian Federation June 25, 2015 Krasnoflotsky District Court of Khabarovsk composed of: presiding judge: T.N. Kovaleva, with secretary: A.E. Larionova, with the participation of: the representative of the plaintiff by proxy from *** V.I. Berdychevets; defendant I.V. Kontanistov, having considered at a court hearing in Khabarovsk a civil case brought by the Federal State Treasury Institution of Higher Professional Education "Khabarovsk Border Institute Federal service security of the Russian Federation" to Kontanistov... on the recovery of funds spent on military or special training, recovery of legal expenses, ESTABLISHED: The plaintiff Federal State Institution of Higher Professional Education "Khabarovsk Border Institute of the Federal Security Service of the Russian Federation" filed a lawsuit against the defendant I.V. Kontanistov. for the recovery of funds spent on military or special training, the recovery of legal costs, motivating their demands by the fact that the defendant Kontanistov I.V. was enrolled for training at the Federal State Treasury Educational Institution of Higher Professional Education "Khabarovsk Border Institute of the Federal Security Service of the Russian Federation" with *** based on the order of the head of the institute dated *** No. ... *** the defendant was expelled from the institute due to his unwillingness to continue his studies and dismissed from military service on the basis of an order from the head of the institute dated *** No.... In accordance with paragraph 7 of Art. 35 Federal Law dated *** No. 53-FZ “On military duty and military service” citizens expelled from military professional educational organizations and military educational organizations of higher education or military training centers at federal state educational organizations of higher education for indiscipline, poor academic performance or unwillingness to study , reimbursement federal budget, spent on their military or special training. The procedure for calculating the amount of reimbursed funds is determined by the Government of the Russian Federation. When concluding contracts for military service with citizens studying in military professional educational organizations and military educational organizations of higher education, the condition for the reimbursement of funds specified in this paragraph, as well as the amount of funds to be reimbursed, are included in the contract for military service. *** between Kontanistov I.V. and the Federal Security Service of the Russian Federation, represented by the head of the institute, concluded a contract for military service during the period of study at the institute and five years of military service after graduation. Clause 2 of the contract provides for the obligation of I.V. Kontanistov. reimburse in cases provided for in paragraph 7 of Art. 35 Federal Law “On Military Duty and Military Service” federal budget funds spent on his military or special training in the amount... Due to dismissal from military service, the contract ceased to be valid *** on the basis of sub-clause “g” clause 1 Art. 51 Federal Law “On Military Duty and Military Service”, in connection with expulsion from a military professional educational organization or a military educational organization of higher education. The Decree of the Government of the Russian Federation dated *** ... “On calculating the amount of federal budget funds subject to reimbursement spent on military training of citizens of the Russian Federation in military training centers at federal state educational institutions of higher professional education” approved the Methodology for calculating the amount of federal budget funds subject to reimbursement , spent on military training of citizens of the Russian Federation in military training centers at federal state educational institutions of higher professional education. According to paragraph two of paragraph 1 of the Methodology, military or special training is integral part the main professional educational program, determined in accordance with the qualification requirements established by the federal executive body, in which federal law provides for military service, for military-vocational training of graduates in the relevant specialties. The amount of federal budget funds spent on military training of citizens in military educational organizations subject to reimbursement is determined based on the expenses incurred by the military educational organization for execution qualification requirements. According to clause 6 of the Methodology, the amount of funds to be reimbursed, included in the contract, is determined based on the fixed value of the amount of these funds. The fixed value of the amount of funds subject to reimbursement is calculated by the federal executive body in which federal law provides for military service. The order of the FSB of the Russian Federation dated *** ... approved the Methods for calculating the cost of depreciation of fixed assets, the cost of consumption of inventories and the cost of maintaining teachers, included in the costs spent on military or special training of citizens of the Russian Federation in educational institutions of the FSB of Russia. Based on paragraph 12 of these Methodologies, educational institutions annually submit to the Personnel Department of the Organizational and Personnel Work Service of the FSB of Russia, before June 15 of the current year, a calculation of fixed values for the amount of funds to be reimbursed, the amount of which is included in contracts. In 2010, the fixed value of the amount of funds subject to reimbursement, the amount of which is included in the contract for the military service of cadets of educational institutions of the FSB of Russia, was set at rubles. for... a year of study. The specified amount is included in the contract with the defendant, which is confirmed by his signature. The actual period of training of the defendant at the KhPI FSB of Russia was... ... (from *** to ***), therefore, overall size The federal budget funds spent on his military training during his studies at the institute amounted to... Upon expulsion from the institute and dismissal from military service, and to this day, the defendant has not voluntarily reimbursed the funds spent on his military training. They are asking to recover from I.V. Kontanistov. funds from the federal budget spent on his military training during his studies at the institute in the amount of..., paid state duty in the amount of... Subsequently, in accordance with Art. 39 of the Code of Civil Procedure of the Russian Federation, the stated claims have been clarified; they ask the court to recover from the defendant I.V. Kontanistov. federal budget funds spent on his military training during his studies at the institute in the amount of... kopecks, paid state duty in the amount of..., the rest of the remaining amount... be returned to the institute. At the court hearing, the plaintiff’s representative, by proxy, Berdychevets V.I. the stated claims, taking into account their clarification, were supported on the grounds set out in the claim. Requests that the claims be satisfied. At the court hearing, defendant Kontanistov I.V. did not recognize the stated claims, taking into account their clarification, explained that the plaintiff’s side did not bear the costs of his education, since he was an orphan, in accordance with the Federal Law “On additional guarantees for social support of orphans”, he was enrolled in full state provision. He was expelled from the institute due to a conflict situation with the management; there were no guilty actions on his part. He asks that the claims be dismissed. Having listened to the representative of the plaintiff and the defendant, and having examined the case materials, the court comes to the conclusion that the stated claims have been satisfied, taking into account their clarification, on the following grounds. In accordance with Article 12 of the Code of Civil Procedure of the Russian Federation, justice in civil cases is carried out on the basis of adversarial law and equality of the parties. By virtue of the provisions of Article 56 of the Code of Civil Procedure of the Russian Federation, each party must prove the circumstances to which it refers as the basis for its claims and objections. Art. 43 of the Constitution of the Russian Federation establishes that everyone has the right to education; Everyone has the right, on a competitive basis, to receive higher education free of charge at a state or municipal educational institution and enterprise. The most important state guarantee free receipt citizens of the Russian Federation higher education within the state educational standards is state and (or) municipal financing of education in higher educational institutions. According to paragraphs 1 and 2 of Art. 35 of the Federal Law “On Military Duty and Military Service”, citizens who have not undergone military service, aged 16 to 22 years, have the right to enter military educational institutions of vocational education; citizens enrolled in military educational institutions of vocational education are appointed to military positions as cadets, students or other military positions in the manner determined by this Federal Law, the Regulations on the procedure for military service and other regulatory legal acts of the Russian Federation; citizens who have not undergone military service, upon enrollment in military educational institutions of vocational education, acquire the status of military personnel undergoing military service upon conscription, and enter into a contract for military service upon reaching the age of 18, but not earlier than their completion of the first year of study in these educational institutions institutions. By virtue of Art. 8 of the Regulations on the procedure for military service, approved by decree of the President of the Russian Federation dated *** ... a contract with a military personnel entering or studying at a military educational institution is concluded for the duration of training at a military educational institution and for five years of military service after its completion, which is aimed at providing the Armed Forces of the Russian Federation with qualified personnel. When concluding the specified contract, citizens who entered a military educational institution of vocational education voluntarily assume the responsibilities stipulated by this contract, due to the special status of the military personnel, as well as the specifics of training in such an educational institution, and the state guarantees them paid military service with the provision of guarantees established federal laws. Consequently, military educational institutions train specialists exclusively for state needs and at the expense of federal budget funds allocated for expenses to ensure the defense and security of the state. In accordance with paragraph 7 of Art. 35 Federal Law “On Military Duty and Military Service”, citizens expelled from military educational institutions of vocational education or military training centers at federal state educational institutions of higher professional education for indiscipline, poor academic performance or unwillingness to study, or who refused to enter into contracts for military service, as well as citizens who graduated from the specified educational institutions and were dismissed from military service earlier than the period established by the contract for military service, on the grounds provided for in subparagraphs “d”, “e”, “f 1” and “h” of paragraph 1, subparagraphs “c” and “e” of paragraph 2 of Article 51 of this Federal Law, reimburse federal budget funds spent on their military or special training. The procedure for calculating the amount of reimbursed funds is determined by the Government of the Russian Federation. When concluding contracts for military service with citizens studying in military educational institutions of vocational education, the condition for the reimbursement of funds specified in this paragraph, as well as the amount of funds to be reimbursed, are included in the contract for military service. Based on the legal position of the Constitutional Court of the Russian Federation, set out in its ruling dated *** No. 120-О-О, the obligation of citizens expelled from the above-mentioned educational institutions on grounds related to their guilty behavior, provided for by the above norm, to reimburse funds from the federal budget, spent on their military (or special) training, involves reimbursement to the state of the expenses actually incurred by it for the training of military specialists for state needs in the event that, through their own fault, they did not complete the training. During the consideration of the case, it was established that by order No. ... from *** Kontanistov I.V. was enrolled in the Khabarovsk Border Institute of the Federal Security Service of the Russian Federation. *** between Kontanistov I.V. and the Khabarovsk Border Institute of the FSB of the Russian Federation concluded a contract for military service, in accordance with which Kontanistov I.V. reimburses in cases provided for in paragraph 7 of Art. 35 Federal Law “On Military Duty and Military Service” federal budget funds spent on his military or special training in the amount of... *** from I.V. Kontanistov a report was received about expulsion from the Khabarovsk Border Institute of the FSB of the Russian Federation due to reluctance to continue training. By order of *** No. ... I.V. Kontanistov, a cadet ... of the training course at the operational personnel training department, was expelled from the institute due to reluctance to study. By the appeal ruling of the judicial panel for civil cases of the Far Eastern District Military Court dated *** in the case at the request of I.V. Kontanistov. on challenging the actions of the head of the Federal State educational institution higher professional education "Khabarovsk Border Institute of the Federal Security Service of the Russian Federation", related to dismissal from military service and exclusion from the lists of the institute's personnel, to challenge the information contained in his service description, the order of the head of the Federal State Educational Institution of Higher Professional Education " Khabarovsk Border Institute of the Federal Security Service of the Russian Federation" dated *** No. ... in terms of retention from I.V. Kontanistov. funds spent on military and special training of the applicant in the amount of... and the named official is obliged to amend this order, indicating in it the amount to be withheld in the amount of... rub. The defendant’s references to the fact that he should not reimburse the costs of his training, since he is a person left without parental care, are untenable, since in this case only the funds spent on his military (special) training, which are not covered by the law, are subject to reimbursement. Art. 6 of Federal Law dated *** No. 159-FZ “On additional guarantees for social support for orphans and children without parental care.” The obligation to reimburse these funds is directly enshrined in the contract of I.V. Kontanistov. about military service, which meets the requirements of paragraph 7 of Art. 35 Federal Law “On military duty and military service.” By virtue of the provisions of Art. 61 of the Code of Civil Procedure of the Russian Federation, the circumstances established by a court decision that has entered into legal force in a previously considered case are binding on the court. The specified circumstances are not proven again and are not subject to challenge when considering another case in which the same persons participate. From the message from *** it follows that by order of the head of the institute dated *** No. ..., appropriate changes were made to the order of the head of the institute dated *** No. ... on the basis of the appeal ruling dated ***. Thus, the court found that the stated claims, taking into account their clarification, are justified and subject to satisfaction. The defendant did not provide evidence to substantiate the objections to the stated requirements regarding writing a report due to a conflict situation; the parties had enough time to provide evidence. In accordance with Art. 98 of the Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, the court awards the other party to reimburse all legal costs incurred in the case. Taking into account the above, the costs of paying the state duty are subject to recovery from the defendant in favor of the plaintiff in proportion to the amount of the claims satisfied by the court. From the provisions of Art. 93 of the Code of Civil Procedure of the Russian Federation it follows that the grounds and procedure for the return or offset of state duties are established in accordance with the legislation of the Russian Federation on taxes and fees. According to Art. 333.40 of the Tax Code of the Russian Federation, the paid state fee is subject to partial or full refund if the proceedings are terminated or the application is left without consideration by a court of general jurisdiction or an arbitration court. Circumstances for applying the provisions of Art. 333.40 of the Tax Code of the Russian Federation was not established by the court. Taking into account the above, there are no legal grounds for returning the state duty to the plaintiff in the amount of.... Based on the above, guided by Art. Art. 194-199 of the Code of Civil Procedure of the Russian Federation, the court DECIDED: To satisfy the claims of the Federal State Treasury Institution of Higher Professional Education "Khabarovsk Border Institute of the Federal Security Service of the Russian Federation". To recover from Kontanistov..., *** of birth, a native in favor of the Federal State Institution of Higher Professional Education "Khabarovsk Border Institute of the Federal Security Service of the Russian Federation" funds spent on military (special) training in the amount of... rubles; expenses for payment of state duty in the amount of..., and in total: ... The decision can be appealed to the general court within a month from the date of drawing up a reasoned court decision, through the court that issued it. Judge: signature Correct copy: judge T.N. Kovaleva The reasoned text of the decision was drawn up on June 30, 2015. The original decision of the Krasnoflotsky District Court of Khabarovsk is filed in case No. 2-847/2015.
Expelled from military school in the third year for poor performance in one subject. The case was sent to court for the recovery of RUB 840,000.00. On the basis of what legal documents are these funds calculated and collected?
Hello. To answer your question, you need to study the statement of claim filed with the court. Only after this can prospects be determined.
Yuri, pick up the lawsuit and read what is written there. I think this won’t be too difficult for a third-year cadet. In the claim, the plaintiff must substantiate his claims from a legal point of view, with references to laws. You can then contact a lawyer to draw up an objection.
I am a 2nd year cadet at a military university and am not a contract soldier. When expelled from the school, how much money will I have to pay? And what do I even have to pay for?
Good afternoon After expulsion, you are obliged to return the money spent on your education by the state for the period during which you studied, in your case for 2 years. This is usually done in court. I cannot specify the amount. The last time, in 2015, for the entire period there was about 450 thousand per specialist who trained but did not go to serve.
When expelled from a military school, how much time do I have to pay the required amount?
Good day. If you are obligated to pay the required amount, then you don’t have any time, you need to pay everything immediately, unless the contract provides otherwise. Good luck to you. Anna Titova.
If the school command has issued you an invoice, you are obligated to pay it. No deadline has been set, but it’s better not to delay. But if there is no payment, the school can sue. The statute of limitations on this issue is 3 years.
What amount are we talking about? If we're talking about about a refund of tuition fees, then in this case This issue is resolved individually in each specific situation.
Where and how can you find out how much you will have to pay after expulsion from a military school (finished 1st year, contract not signed).
The second question is whether it will be possible to take a deferment on payment and for how long?
Hello, If you are studying on a paid basis, then you must have an agreement with the educational institution and everything is written in it, we do not see this document. I wish you good luck and all the best!
I wrote a report on my dismissal from a military school, they said that I would have to wait 2-3 months for expulsion. Is it possible to somehow speed up this process?
Good afternoon, you have the right to file a complaint against them with the military prosecutor’s office so that they can check the legality of such a long expulsion procedure,
How to correctly write a report on expulsion from a military school for a contract soldier?
Hello, in accordance with the norms of the current legislation of the Russian Federation and the established practice of its application, you can write it in free form.
According to an extract from the order for the expulsion of a cadet from a military school, “dismissal from military service in connection with expulsion from the school” (clause “g”, paragraph 1, article 51 of the Federal Law “On Military Duty and Military Service” Should he reimburse the funds spent? for education?
The duties, rights and responsibilities of the parties are specified in the cadet's contract. How can you answer your question with your eyes closed?
No, you don’t have to compensate anything if you acted on a general basis; this is not provided for by law. Good luck and all the best to you.
For expulsion from the military school, the court awarded tuition fees, the son did not have such an amount, and the court decision was not implemented, the bailiffs also did not come, three years have passed, what can they charge the son with.
If the decision is made, you will have to pay. Enforcement proceedings have no statute of limitations
If the writ of execution after the court decision has not been presented for collection within three years, then the court decision will not be executed. Part 1 of Article 21 of the Federal Law on Individual Entrepreneurs Writs of execution issued on the basis of judicial acts, with the exception of writs of execution specified in parts 2, 4 and 7 of this article, can be presented for execution in within three years from the date of entry into force of the judicial act. Writs of execution containing demands for the return, on the basis of an international treaty of the Russian Federation, of a child illegally transferred to the Russian Federation or detained in the Russian Federation, are presented for execution within one year from the date of entry into force of the judicial act.
Could this be a reason for expulsion from the naval school if there are 10 days left before the oath of office? For not passing cellular telephone and didn’t go out to charge.
you need to look at the charter of the educational institution, the reasons should be indicated there.
Could this be a reason for expulsion from the naval school if there are 10 days left before the oath of office? For not turning in his cell phone and not going out to charge. Maybe this is for the best if it is difficult to accept the naval rules of life?!
Are there expulsions from military schools for illnesses, and if so, for what period/frequency of illnesses?
Mikhail, this is classified statistics, and also medical and military statistics. Is not legal issue. Statistics are carried out by military specialists in this field.
Is it possible to sue the state for any funds when expelling from a military school if the terms of the contract are not met and during the course of service I received various diseases?
Hello! Yes, you can count on cash payments.
The son was expelled from military school. Student debt is 125 thousand. We have a large family (three minor children). My son is now studying full-time. There is no way to pay off the debt. Is it possible to ask the court to defer the debt until the child finishes studying?
Hello, At the court hearing, before the decision is made, such a move is announced.
You can apply for an installment plan or deferment of debt payments. But usually this is done after the court has made a decision.
Expulsion from a military school in our country is equivalent to a criminal record, and they won’t hire you for any job again, in any law enforcement agencies, or in the Ministry of Emergency Situations; everyone looks at the entry on your military ID and frowns.
Is this a question? Hold on
At the moment, my son is writing a report on expulsion from a military school, 1st year of secondary vocational education, took the oath in September. Are there any pitfalls in the forms of writing such a report and how is the amount for tuition reimbursement calculated?
Are there any pitfalls in the forms of writing such a report - yes, in principle, they do not exist. and in terms of the amount, you need to read the contract and deduct from the payment made for the actual training. unless otherwise provided by the contract
He was expelled after the 4th year from a military school and at the same time received a higher civilian education in this specialization. Can he go to serve under a contract with the rank of officer?
Is there a title? ordinary private
They force you to sign a waiver of the IHC when expelling you from school. During my studies, a vertebral hernia was discovered. What should I do?
write in the report that you want to undergo a military medical examination before dismissal, refer to the disease received during your studies. It is your right to be examined. If your report is not considered or registered, complain to the military prosecutor's office. Also, according to the law, you have 1 year after dismissal to undergo an examination and determine the cause-and-effect relationship between illnesses and military service.
The serviceman was expelled from the military school and was sent to serve in a unit. Formally, its service life ends on the 20th of July. That is, after the end of the spring conscription (July 15). When should he be transferred to the reserve?
Thank you.
Konstantin, good afternoon! According to paragraphs 10, 11 of the Federal Law “On Military Duty and Military Service”, the beginning of military service is considered: for citizens who are not in the reserve and called up for military service - the day of conferring the military rank of private; 11. The end of military service is considered the date of exclusion of a serviceman from the lists of personnel of a military unit. A serviceman must be excluded from the lists of personnel of a military unit on the day of expiration of his military service, with the exception of cases where: the serviceman is in hospital treatment; a female military personnel is on maternity leave or child care leave; a serviceman undergoing military service upon conscription, at his request, remains in the military unit until the day of departure of the vehicle carrying out individual or organized transportation of military personnel being transferred to the reserve; a serviceman participates in ship voyages; the serviceman is in captivity, in a hostage or interned position; a serviceman is missing - until he is recognized as missing in the manner prescribed by law or declared dead; in relation to a serviceman who is suspected or accused of committing a crime, preventive measures are taken in the form of detention in a guardhouse or observation by the command of a military unit; (as amended by Federal Law No. 18-FZ dated March 9, 2010) (see text in the previous edition) as well as in other cases established by the Regulations on the procedure for military service. 12. The following are not included in the period of military service: time spent in a disciplinary military unit and time served in a disciplinary arrest; time of unauthorized abandonment of a military unit or a place of military service established outside a military unit, regardless of the reasons for abandonment, lasting more than 10 days. For a soldier released from a disciplinary military unit, subject to his impeccable military service, the time spent in the disciplinary military unit can be counted towards the period of his military service in accordance with the Regulations on the procedure for military service. Good luck
My son was expelled from the military school after 5 months of training. At the time of expulsion, the contract had not been concluded; my son was 17 years old. Now they are demanding payment of tuition fees. Is this legal?
Oleg, how can you answer if there is no information on the issue at all? What kind of school? Conditions of admission/training, etc. Within the framework of the site, such issues are not resolved in absentia. Please contact a lawyer for an in-person consultation with all documents. All the best.
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What grounds can serve for the expulsion of a cadet from the Institute of the Ministry of Internal Affairs of the Russian Federation.
Hello! This issue is regulated by the internal documents of the institute and the agreement with the student.
How long does it take for an expelled cadet to repay the money spent on him?
This is stated in the contract. Probably within a reasonable time.
If there is such a clause in the contract, and the statute of limitations has not been missed, then after the claim is presented.
The law does not establish a specific period for reimbursement of federal budget funds spent on military or special training of expelled cadets. But according to paragraph 2 of Article 314 of the Civil Code of the Russian Federation, in cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, as well as in cases where the deadline for fulfilling the obligation is determined by the moment of demand, the obligation must be fulfilled within seven days from the date the creditor submits a demand for its fulfillment, unless the obligation to perform within a different period is provided for by law, other legal acts, terms of the obligation, or does not follow from customs or the essence of the obligation.
What payments are due to a cadet of the Ministry of Internal Affairs expelled for health reasons if the disease was acquired during military service?
Payments are not provided in this case. Because He is not an employee of the Ministry of Internal Affairs. See Order of the Ministry of Internal Affairs of Russia dated 07/07/2014 N 568 (as amended on 12/19/2016) “On the procedure for deduction from federal state organizations engaged in educational activities and under the jurisdiction of the Ministry of Internal Affairs of Russia, the procedure for reinstatement in such organizations and the procedure for transferring students in basic professional educational programs from one federal government organization carrying out educational activities and under the jurisdiction of the Ministry of Internal Affairs of Russia, to another such organization" (Registered with the Ministry of Justice of Russia on August 11, 2014 N 33538) Article 140 of the Labor Code of the Russian Federation, clause 100 of the Procedure for providing monetary allowances to employees of internal affairs bodies of the Russian Federation, approved by order of the Ministry of Internal Affairs Russia dated December 31, 2013 No. 65
Elena, if you have already signed a contract in accordance with the Federal Law “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” dated November 30, 2011 N 342-FZ ( latest edition), on the basis of paragraph 3 of Article 22 of the said law, then upon dismissal on this basis, the maximum that is due is one month’s salary and two salaries monetary allowance as a lump sum payment, since the length of service is less than 20 years. Dismissal for health reasons in this case no longer guarantees anything. At the same time, based on your length of service, you will not even be assigned to a departmental clinic. Sincerely.
Hello. Unfortunately, only employees of the Ministry of Internal Affairs are entitled to payments to those dismissed for health reasons. The cadet is considered to be serving in the police, and therefore he should not count on these payments. Federal Law of 02/07/2011 N 3-FZ (as amended on 08/03/2018) “On the Police” (as amended and supplemented, entered into force on 12/30/2018) Article 25. Police officer 1. A police officer is a citizen of the Russian Federation, who carries out official activities in positions of the federal public service in the internal affairs bodies and who is in in the prescribed manner awarded a special title provided for in Article 26 of this Federal Law. 9. Cadets, students, adjuncts, scientific and pedagogical workers, management and other employees of organizations carrying out educational activities to implement educational programs of secondary vocational education, higher education and (or) additional professional education and included in the system of the federal executive body in the field of internal affairs, are considered to be serving in the police
Cadets of departmental universities of the Ministry of Internal Affairs are police officers. If the disease is acquired during military service, then, according to Article 5 of the law below, the cadet is entitled to a payment in the amount of 50,000 rubles. In addition, a monthly salary and two salaries in cash, since the cadet’s length of service is less than 20 years. Federal Law of March 28 .1998 N 52-FZ (as amended on July 3, 2016, as amended on June 18, 2018) “On compulsory state insurance of life and health of military personnel, citizens called up for military training, private and commanding officers of the internal affairs bodies of the Russian Federation, State Fire Service, employees of institutions and bodies of the penal system, military personnel national guard Russian Federation" (as amended and supplemented, entered into force on January 1, 2017) Article 5. Insurance amounts paid to beneficiaries. Insurance amount used to calculate the insurance premium 1. Lost force from January 1, 2012. - Federal Law dated 08.11.2011 N 309-FZ. 2. Insurance amounts are paid upon the occurrence of insured events in the following amounts: if the insured person receives a serious injury (wounds, injuries, contusions) during military service, service or military training - 200,000 rubles , minor injury (wounds, injuries, concussions) - 50,000 rubles; in case of dismissal of a conscripted soldier from military service, deduction of a citizen called up for military training to a military position for which the staff of the military unit provides military rank up to the sergeant major (chief sergeant major), inclusive, from military training in connection with their recognition by a military medical commission as unfit for military service or limitedly fit for military service due to injury (wounds, trauma, concussion) or illness received during military service or military training - 50,000 rubles.
Good afternoon Unfortunately, there are no official payments in this case. But you can try to write an application to the accounting department and indicate the basis as a difficult financial situation. Perhaps you will receive some kind of payment in addition to severance pay. Sincerely.
Hello. There are two points that must be separated: 1) In accordance with Article 25 of the Federal Law “On Police” Cadets, students, adjuncts, scientific and pedagogical workers, management staff and other employees of organizations carrying out educational activities to implement educational programs of secondary vocational education, higher education and (or) additional professional education and included in the system of the federal executive body in the field of internal affairs are considered to be serving in the police. That is, you are serving in the police. In accordance with the Federal Law "On the Police", compulsory state insurance of life and health of a police officer is carried out on the terms and in the manner established by the Federal Law of March 28, 1998 N 52-FZ "On compulsory state insurance of life and health of military personnel, citizens called up for military service" fees, ordinary and commanding personnel of the internal affairs bodies of the Russian Federation, the State Fire Service, employees of institutions and bodies of the penal system." The latest law has the following provision: Insurance amounts are paid upon the occurrence of insured events in the following amounts: in the event of death (death) of the insured person during military service, service or military training, or before the expiration of one year after dismissal from military service, service, after dismissal from military training or the end of military training due to injury (wound, injury, concussion) or illness received during military service, service or military training - 2,000,000 rubles to the beneficiaries in equal shares; in the event that the insured person is diagnosed with disability during military service, service or military training, or before the expiration of one year after dismissal from military service, service, after expulsion from military training or the end of military training due to injury (wound, injury, contusion) or illness received during military service, service or military training: disabled group I - 1,500,000 rubles; disabled person of group II - 1,000,000 rubles; disabled person of group III - 500,000 rubles; if the insured person receives a severe injury (wounds, injuries, contusions) during military service, service or military training - 200,000 rubles, a minor injury (wounds, injuries, contusions) - 50,000 rubles; Moreover, if disability is established before the expiration of one year from the date of dismissal (deduction), you will also receive a payment. Further, you have the right to a monthly salary and two salaries. 2) According to one of the explanations of the Supreme Court [i] The causer of harm, who has insured his liability through compulsory insurance in favor of the victim, compensates the difference between the insurance compensation and the actual amount of damage only when the insurance payment is not enough to fully compensate for the harm caused[b] Thus, no one prevents you from recovering damages caused to your health by the body of your service in court on the general principles of legislation. Good luck.
Compensation payments are assigned based on the results of passing the military military qualifications, in the event of a serviceman being dismissed for health reasons. According to the Federal Law of the Russian Federation No. 306-FZ of November 7, 2011 “On monetary allowances for military personnel and the provision of individual payments to them”: 12. When a serviceman is dismissed from military service or expelled from military training, a citizen called up for military training, in connection with his recognition unfit for military service due to a military injury, he is paid a one-time allowance in the amount of: 1) 2,000,000 rubles - to a military serviceman performing military service under a contract; 2) 1,000,000 rubles - to a soldier undergoing military service upon conscription, or to a citizen called up for military training. 13. If a serviceman or a citizen called up for military training, during the period of military service (military training) or after dismissal from military service (expulsion from military training or the end of military training), is diagnosed with disability due to a military injury, he is paid a monthly monetary compensation in compensation for harm caused to his health, in the amount of: 1) 14,000 rubles - to a disabled person of group I; 2) 7,000 rubles - for a disabled person of group II; 3) 2,800 rubles - for a disabled person of group III. According to clause 5 2. Federal Law of March 28, 1998 N 52-FZ “On compulsory state insurance of life and health of military personnel, citizens called up for military training, private and commanding officers of the internal affairs bodies of the Russian Federation, the State Fire Service, bodies for control of the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penal system" : Insurance amounts are paid upon the occurrence of insured events in the following amounts: - in the event of death (death) of the insured person during military service, service or military training or before the expiration of one year after dismissal from military service, service, after deduction from military training or the end of military training due to injury (wound, trauma, concussion) or illness received during military service, service or military training - 2,000,000 rubles to the beneficiaries in equal shares; - if the insured person is diagnosed with disability during military service , service or military training or before the expiration of one year after dismissal from military service, from service, after expulsion from military training or the end of military training due to injury (wound, injury, concussion) or illness received during military service, service or military fees: disabled person of group I - 1,500,000 rubles; disabled person of group II - 1,000,000 rubles; disabled person of group III - 500,000 rubles; - if the insured person receives a severe injury (wounds, injuries, contusions) during military service, service or military training - 200,000 rubles, a minor injury (wounds, injuries, contusions) - 50,000 rubles; - in the event of the dismissal of a serviceman undergoing conscription military service from military service, the expulsion of a citizen called up to military training for a military position for which the staff of the military unit provides for a military rank up to sergeant major (chief sergeant major) inclusive, from military training in connection with recognition by a military medical commission as unfit for military service or partially fit for military service due to injury (wound, injury, concussion) or illness received during military service or military training - 50,000 rubles.
I am a 1st year cadet; if I am expelled, am I required to pay something to the school?
Good afternoon. If an agreement for the provision of services has been concluded between you and the school and which stipulates that you are obligated to reimburse the expenses incurred for your education in the event of early dismissal from the military school, then, of course, you are obligated to pay such expenses. See your contract.
I am a 4th year orphan cadet at a military school, and if I am expelled from the school, will I have to pay money?
Yes, they will have the right to recover money from you under an agreement or as unjust enrichment (Article 1102 of the Civil Code of the Russian Federation). According to clause 1 of Article 1102 of the Civil Code of the Russian Federation, a person who, without the grounds established by law, other legal acts or transaction, acquired or saved property (acquirer) at the expense of another person (victim), is obliged to return to the latter the unjustly acquired or saved property (unjust enrichment), except for the cases provided for in Article 1109 of this Code.
No, you won't have to pay. No reason (Article 1009 of the Civil Code of the Russian Federation)
---You don’t have to rejoice, ALL, WITHOUT EXCEPTION, the answers given to you are COMPLETELY INCORRECT AND NOT BASED ON THE LAW! see judicial practice on this issue!. Decision No. 2-847/2015 2-847/2015~M-607/2015 M-607/2015 dated June 25, 2015 in case No. 2-847/2015 Krasnoflotsky District Court of Khabarovsk (Khabarovsk Territory) - Civil Essence of the dispute: Other claims Case No. 2-847/2015 DECISION In the name of the Russian Federation June 25, 2015 Krasnoflotsky District Court of Khabarovsk composed of: presiding judge: Kovaleva T .N., with the secretary: Larionova A.E., with the participation of: the representative of the plaintiff by proxy from *** Berdychevets V.I.; defendant I.V. Kontanistov, having considered at a court hearing in Khabarovsk a civil case on the claim of the Federal State Institution of Higher Professional Education "Khabarovsk Border Institute of the Federal Security Service of the Russian Federation" against Kontanistov... on the recovery of funds spent on military or special training, recovery of legal expenses, ESTABLISHED: The plaintiff Federal State Institution of Higher Professional Education "Khabarovsk Border Institute of the Federal Security Service of the Russian Federation" filed a lawsuit against the defendant I.V. Kontanistov. for the recovery of funds spent on military or special training, the recovery of legal costs, motivating their demands by the fact that the defendant Kontanistov I.V. was enrolled for training at the Federal State Treasury Educational Institution of Higher Professional Education "Khabarovsk Border Institute of the Federal Security Service of the Russian Federation" with *** based on the order of the head of the institute dated *** No. ... *** the defendant was expelled from the institute due to his unwillingness to continue his studies and dismissed from military service on the basis of an order from the head of the institute dated *** No.... In accordance with paragraph 7 of Art. 35 Federal Law dated *** No. 53-FZ “On military duty and military service” citizens expelled from military professional educational organizations and military educational organizations of higher education or military training centers at federal state educational organizations of higher education for indiscipline, poor academic performance or unwillingness to study , reimburse federal budget funds spent on their military or special training. The procedure for calculating the amount of reimbursed funds is determined by the Government of the Russian Federation. When concluding contracts for military service with citizens studying in military professional educational organizations and military educational organizations of higher education, the condition for the reimbursement of funds specified in this paragraph, as well as the amount of funds to be reimbursed, are included in the contract for military service. *** between Kontanistov I.V. and the Federal Security Service of the Russian Federation, represented by the head of the institute, concluded a contract for military service during the period of study at the institute and five years of military service after graduation. Clause 2 of the contract provides for the obligation of I.V. Kontanistov. reimburse in cases provided for in paragraph 7 of Art. 35 Federal Law “On Military Duty and Military Service” federal budget funds spent on his military or special training in the amount... Due to dismissal from military service, the contract ceased to be valid *** on the basis of sub-clause “g” clause 1 Art. 51 Federal Law “On Military Duty and Military Service”, in connection with expulsion from a military professional educational organization or a military educational organization of higher education. The Decree of the Government of the Russian Federation dated *** ... “On calculating the amount of federal budget funds subject to reimbursement spent on military training of citizens of the Russian Federation in military training centers at federal state educational institutions of higher professional education” approved the Methodology for calculating the amount of federal budget funds subject to reimbursement , spent on military training of citizens of the Russian Federation in military training centers at federal state educational institutions of higher professional education. According to paragraph two of paragraph 1 of the Methodology, military or special training is an integral part of the main professional educational program, determined in accordance with the qualification requirements established by the federal executive body, in which federal law provides for military service, for military professional training of graduates in the relevant specialties. The amount of federal budget funds spent on military training of citizens in military educational organizations subject to reimbursement is determined based on the expenses incurred by the military educational organization to fulfill qualification requirements. According to clause 6 of the Methodology, the amount of funds to be reimbursed, included in the contract, is determined based on the fixed value of the amount of these funds. The fixed value of the amount of funds subject to reimbursement is calculated by the federal executive body in which federal law provides for military service. The order of the FSB of the Russian Federation dated *** ... approved the Methods for calculating the cost of depreciation of fixed assets, the cost of consumption of inventories and the cost of maintaining teachers, included in the costs spent on military or special training of citizens of the Russian Federation in educational institutions of the FSB of Russia. Based on paragraph 12 of these Methodologies, educational institutions annually submit to the Personnel Department of the Organizational and Personnel Work Service of the FSB of Russia, before June 15 of the current year, a calculation of fixed values for the amount of funds to be reimbursed, the amount of which is included in contracts. In 2010, the fixed value of the amount of funds subject to reimbursement, the amount of which is included in the contract for the military service of cadets of educational institutions of the FSB of Russia, was set at rubles. for... a year of study. The specified amount is included in the contract with the defendant, which is confirmed by his signature. The actual period of training of the defendant at the KhPI FSB of Russia was... ... (from *** to ***), therefore, the total amount of federal budget funds spent on his military training during the period of study at the institute was... Upon expulsion from the institute and dismissal from military service, and to this day the defendant has not voluntarily reimbursed the funds spent on his military training. They are asking to recover from I.V. Kontanistov. funds from the federal budget spent on his military training during his studies at the institute in the amount of..., paid state duty in the amount of... Subsequently, in accordance with Art. 39 of the Code of Civil Procedure of the Russian Federation, the stated claims have been clarified; they ask the court to recover from the defendant I.V. Kontanistov. federal budget funds spent on his military training during his studies at the institute in the amount of... kopecks, paid state duty in the amount of..., the rest of the remaining amount... be returned to the institute. At the court hearing, the plaintiff’s representative, by proxy, Berdychevets V.I. the stated claims, taking into account their clarification, were supported on the grounds set out in the claim. Requests that the claims be satisfied. At the court hearing, defendant Kontanistov I.V. he did not recognize the stated claims, taking into account their clarification, and explained that the plaintiff’s side did not bear the costs of his education, since he was an orphan, in accordance with the Federal Law “On additional guarantees for social support of orphans”, he was enrolled in full state support. He was expelled from the institute due to a conflict situation with the management; there were no guilty actions on his part. He asks that the claims be dismissed. Having listened to the representative of the plaintiff and the defendant, and having examined the case materials, the court comes to the conclusion that the stated claims have been satisfied, taking into account their clarification, on the following grounds. In accordance with Article 12 of the Code of Civil Procedure of the Russian Federation, justice in civil cases is carried out on the basis of adversarial law and equality of the parties. By virtue of the provisions of Article 56 of the Code of Civil Procedure of the Russian Federation, each party must prove the circumstances to which it refers as the basis for its claims and objections. Art. 43 of the Constitution of the Russian Federation establishes that everyone has the right to education; Everyone has the right, on a competitive basis, to receive higher education free of charge at a state or municipal educational institution and enterprise. The most important state guarantee of free higher education for citizens of the Russian Federation within the limits of state educational standards is state and (or) municipal financing of education in higher educational institutions. According to paragraphs 1 and 2 of Art. 35 of the Federal Law “On Military Duty and Military Service”, citizens who have not undergone military service, aged 16 to 22 years, have the right to enter military educational institutions of vocational education; citizens enrolled in military educational institutions of vocational education are appointed to military positions as cadets, students or other military positions in the manner determined by this Federal Law, the Regulations on the procedure for military service and other regulatory legal acts of the Russian Federation; citizens who have not undergone military service, upon enrollment in military educational institutions of vocational education, acquire the status of military personnel undergoing military service upon conscription, and enter into a contract for military service upon reaching the age of 18, but not earlier than their completion of the first year of study in these educational institutions institutions. By virtue of Art. 8 of the Regulations on the procedure for military service, approved by decree of the President of the Russian Federation dated *** ... a contract with a military personnel entering or studying at a military educational institution is concluded for the duration of training at a military educational institution and for five years of military service after its completion, which is aimed at providing the Armed Forces of the Russian Federation with qualified personnel. When concluding the specified contract, citizens who entered a military educational institution of vocational education voluntarily assume the responsibilities stipulated by this contract, due to the special status of the military personnel, as well as the specifics of training in such an educational institution, and the state guarantees them paid military service with the provision of guarantees established federal laws. Consequently, military educational institutions train specialists exclusively for state needs and at the expense of federal budget funds allocated for expenses to ensure the defense and security of the state. In accordance with paragraph 7 of Art. 35 Federal Law “On Military Duty and Military Service”, citizens expelled from military educational institutions of vocational education or military training centers at federal state educational institutions of higher professional education for indiscipline, poor academic performance or unwillingness to study, or who refused to enter into contracts for military service, as well as citizens who graduated from the specified educational institutions and were dismissed from military service earlier than the period established by the contract for military service, on the grounds provided for in subparagraphs “d”, “e”, “f 1” and “h” of paragraph 1, subparagraphs “c” and “e” of paragraph 2 of Article 51 of this Federal Law, reimburse federal budget funds spent on their military or special training. The procedure for calculating the amount of reimbursed funds is determined by the Government of the Russian Federation. When concluding contracts for military service with citizens studying in military educational institutions of vocational education, the condition for the reimbursement of funds specified in this paragraph, as well as the amount of funds to be reimbursed, are included in the contract for military service. Based on the legal position of the Constitutional Court of the Russian Federation, set out in its ruling dated *** No. 120-О-О, the obligation of citizens expelled from the above-mentioned educational institutions on grounds related to their guilty behavior, provided for by the above norm, to reimburse funds from the federal budget, spent on their military (or special) training, involves reimbursement to the state of the expenses actually incurred by it for the training of military specialists for state needs in the event that, through their own fault, they did not complete the training. During the consideration of the case, it was established that by order No. ... from *** Kontanistov I.V. was enrolled in the Khabarovsk Border Institute of the Federal Security Service of the Russian Federation. *** between Kontanistov I.V. and the Khabarovsk Border Institute of the FSB of the Russian Federation concluded a contract for military service, in accordance with which Kontanistov I.V. reimburses in cases provided for in paragraph 7 of Art. 35 Federal Law “On Military Duty and Military Service” federal budget funds spent on his military or special training in the amount of... *** from I.V. Kontanistov a report was received about expulsion from the Khabarovsk Border Institute of the FSB of the Russian Federation due to reluctance to continue training. By order of *** No. ... I.V. Kontanistov, a cadet ... of the training course at the operational personnel training department, was expelled from the institute due to reluctance to study. By the appeal ruling of the judicial panel for civil cases of the Far Eastern District Military Court dated *** in the case at the request of I.V. Kontanistov. on challenging the actions of the head of the Federal State Educational Institution of Higher Professional Education "Khabarovsk Border Institute of the Federal Security Service of the Russian Federation", related to dismissal from military service and exclusion from the lists of personnel of the institute, on challenging the information contained in his service description, the order of the head was declared illegal Federal State Educational Institution of Higher Professional Education "Khabarovsk Border Institute of the Federal Security Service of the Russian Federation" dated *** No. ... in terms of retention from I.V. Kontanistova. funds spent on military and special training of the applicant in the amount of... and the named official is obliged to amend this order, indicating in it the amount to be withheld in the amount of... rub. The defendant’s references to the fact that he should not reimburse the costs of his training, since he is a person left without parental care, are untenable, since in this case only the funds spent on his military (special) training, which are not covered by the law, are subject to reimbursement. Art. 6 of Federal Law dated *** No. 159-FZ “On additional guarantees for social support for orphans and children without parental care.” The obligation to reimburse these funds is directly enshrined in the contract of I.V. Kontanistov. about military service, which meets the requirements of paragraph 7 of Art. 35 Federal Law “On military duty and military service.” By virtue of the provisions of Art. 61 of the Code of Civil Procedure of the Russian Federation, the circumstances established by a court decision that has entered into legal force in a previously considered case are binding on the court. The specified circumstances are not proven again and are not subject to challenge when considering another case in which the same persons participate. From the message from *** it follows that by order of the head of the institute dated *** No. ..., appropriate changes were made to the order of the head of the institute dated *** No. ... on the basis of the appeal ruling dated ***. Thus, the court found that the stated claims, taking into account their clarification, are justified and subject to satisfaction. The defendant did not provide evidence to substantiate the objections to the stated requirements regarding writing a report due to a conflict situation; the parties had enough time to provide evidence. In accordance with Art. 98 of the Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, the court awards the other party to reimburse all legal costs incurred in the case. Taking into account the above, the costs of paying the state duty are subject to recovery from the defendant in favor of the plaintiff in proportion to the amount of the claims satisfied by the court. From the provisions of Art. 93 of the Code of Civil Procedure of the Russian Federation it follows that the grounds and procedure for the return or offset of state duties are established in accordance with the legislation of the Russian Federation on taxes and fees. According to Art. 333.40 of the Tax Code of the Russian Federation, the paid state fee is subject to partial or full refund if the proceedings are terminated or the application is left without consideration by a court of general jurisdiction or an arbitration court. Circumstances for applying the provisions of Art. 333.40 of the Tax Code of the Russian Federation was not established by the court. Taking into account the above, there are no legal grounds for returning the state duty to the plaintiff in the amount of.... Based on the above, guided by Art. Art. 194-199 of the Code of Civil Procedure of the Russian Federation, the court DECIDED: To satisfy the claims of the Federal State Treasury Institution of Higher Professional Education "Khabarovsk Border Institute of the Federal Security Service of the Russian Federation". To recover from Kontanistov..., *** of birth, a native in favor of the Federal State Institution of Higher Professional Education "Khabarovsk Border Institute of the Federal Security Service of the Russian Federation" funds spent on military (special) training in the amount of... rubles; expenses for payment of state duty in the amount of..., and in total: ... The decision can be appealed to the general court within a month from the date of drawing up a reasoned court decision, through the court that issued it. Judge: signature Correct copy: judge T.N. Kovaleva The reasoned text of the decision was drawn up on June 30, 2015. The original decision of the Krasnoflotsky District Court of Khabarovsk is filed in case No. 2-847/2015.
Is it possible to be reinstated in the officer school after a cadet has been expelled of his own free will?
If he was expelled of his own free will, there will be no problems to be reinstated in the officer school. Don't forget to leave a review.
I was a cadet at a military institute and was expelled after 7 months. Currently I work in the Ministry of Internal Affairs. Will studying at a military institute count towards your length of service?
Yes, since during your studies at a military institute you had a military rank, and these periods of service and holding military and special ranks are included in the length of service in the Ministry of Internal Affairs, take supporting documents from the military registration and enlistment office, although they should have been provided by you when registering for service in the Ministry of Internal Affairs, a personal file from a military institute could also be added to your personal file (it had to be returned to the military registration and enlistment office at your place of residence). Ask the personnel department at your place of service in the Ministry of Internal Affairs.
I am a cadet at the A.F. Mozhaisky Military Academy. Today they announced an order to expel me from the academy with the suspension of my security clearance to the state. secret, plus everything, termination of the contract and payment of an amount in the region of 250 thousand. More than one question arises. First - Is it possible to resume access to privacy (if it is suspended) and how to do this? Secondly, is it possible to win a court case regarding termination of a contract and payment of debt, and how to do this?
Good evening. 1. Yes, it's possible. 2. It is possible to win. An administrative claim must be filed. To help more competently, you need to look at the order of expulsion, the grounds for expulsion.
If the deduction is for non-rehabilitative reasons, then of course not. Still no. If the reasons for the deduction are understandable, then you can somehow look at the contract and other documents. But in practice, it’s unlikely.
I am a former cadet at the military academy, and was expelled for allegedly threatening an officer. The question is: is the phrase “you could tell me that behind the fence” a threat and did they have the right to expel me for this?
I am a former cadet at the military academy, and was expelled for allegedly threatening an officer. The question is: is the phrase “you could tell me that behind the fence” a threat and did they have the right to expel me for this? Is. They had the right.
HOW can a cadet at a military academy EXPRESS THIS way towards the commanding staff?.. This is, at a minimum, bad manners and lack of self-control, i.e. complete inconsistency with the status. However, you have a chance to correct: - In the absence of training in military specialty(specializations) military personnel expelled from a military educational institution as cadets, and citizens expelled from a military educational institution as cadets and dismissed from military service, can be reinstated in another military specialty (specialization) within the same area of training.
Whether this phrase can be considered a threat and whether this was grounds for expulsion from the academy is qualified and justified, based only on your message, it is impossible to answer. What context, in what situation... If you don’t agree, challenge the dismissal in court. There is nothing else here.
I am a 2nd year cadet at a military university and am not a contract soldier. When expelled from the school, how much money will I have to pay? And what do I even have to pay for?
Good afternoon After expulsion, you are obliged to return the money spent on your education by the state for the period during which you studied, in your case for 2 years. This is usually done in court. I cannot specify the amount. The last time, in 2015, for the entire period there was about 450 thousand per specialist who trained but did not go to serve.
Is it necessary to pay a first-year cadet for expulsion if the contract has not yet been signed?
Based on the terms of the contract and documents you signed. If you haven’t signed anything yet and haven’t made any commitments, then you don’t need to pay.
Is a cadet at the Academy of Emergency Situations required to pay for training if he is expelled from the academy for negative reasons?
If a cadet is expelled for any reason, then the contract for the provision of educational services is considered terminated, therefore there is no need to pay anything, since the services are not provided.
Good evening. If you were sent purposefully from the employer and the owner paid you, in this case you need to return the money. Have a nice pleasant evening.
Good day! You need to study the agreement on the provision of educational services; you may have to pay for your training, it all depends on the terms of the agreement. Best wishes!
The essence of the question is that I, as a cadet at the Ministry of Internal Affairs University, was expelled and dismissed half a year ago for an act discrediting the honor and dignity of an employee of the Ministry of Internal Affairs, for causing conflict situation with a cadet. Everything was like this, he called me and began to demand that I return to the barracks and clean the room, to which I replied that I would come soon, and to which he insulted me and my mother, I came out of anger and hit him, but we were separated, but the consequences of the blow there were none. My question to you is whether I can appeal their actions since I do not consider this a reason for dismissal.
Good day. Apparently they hit some “thieves” cadet. Punishments for such situations are limited to out-of-turn orders or reprimands. You can appeal to higher management (go all the way to the minister)
Can a cadet expelled from the 4th year of a military school re-enter a military university?
Hello. No, he has the right to reinstate himself in a military university after expulsion, if the deadlines have not passed. To do this, you need to submit a report to the head of the university.
According to an extract from the order for the expulsion of a cadet from a military school, “dismissal from military service in connection with expulsion from the school” (clause “g”, paragraph 1, article 51 of the Federal Law “On Military Duty and Military Service” Should he reimburse the funds spent? for education?
The duties, rights and responsibilities of the parties are specified in the cadet's contract. How can you answer your question with your eyes closed?
No, you don’t have to compensate anything if you acted on a general basis; this is not provided for by law. Good luck and all the best to you.
What documents should be issued to a military school cadet upon expulsion for indiscipline? What is the deadline for issuing these documents? Should recalculation be made and when should it be paid?
Hello, yes, recalculation will be carried out without fail. And especially for the studies spent on him by the state during the entire period of his studies. Good luck to you and all the best.
According to paragraph 3 of the Procedure for Deduction (Appendix No. 3) to the order of the Minister of Defense of the Russian Federation dated September 15, 2014 N 670 “On measures to implement certain provisions of Article 81 of the Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation” Materials students nominated for expulsion are considered by the academic council (council) of the military educational institution (branch, institute, faculty). Persons expelled from the university are issued a certificate of study or period of study according to the sample independently established by the military educational institution. Expulsion of students with all courses, except graduation, are carried out by order of the head of the university. Expulsion of students from the graduation course is carried out by orders of the heads to whom the universities are subordinate. Reinstatement of citizens expelled from a military educational institution from the positions of cadets and dismissed from military service, to continue their studies or pass the state final certification , including repeated, is carried out in the order of entry into military service under a contract at the request of the military commissar at the place of residence of citizens. Recalculation is required - submit a report to management.
Is it possible for a cadet expelled for indiscipline at a military school to be reinstated in the same school after a year?
YES, this is possible, but the issue is resolved on an individual basis, since they can, of course, refuse reinstatement on formal grounds.
I want to write a report on expulsion from the military academy. At the moment I am a 3rd year cadet. I would like to know how much I will have to pay? And what's the best way to do this?
Ilya, it depends on how you were supplied with clothing. You can find out everything from the course leader. How best to do this - there are no options at all - only a written report.
I am a 3rd year cadet at a military school. Today he was expelled due to the recognition by the Military Military Commission (CVC) as limitedly fit for military service due to health reasons. Can I go to court with a claim for compensation for any monetary compensation for lost health during service (study)?
if your illness was acquired as a result of military service, then you are entitled to severance pay and insurance - write a report. If you got the disease on your own through no fault of the military school, then you will be fired with payments without insurance - in civilian life you will acquire a disability and the required benefits
I am a 4th year cadet, I need to indicate the reason in the expulsion report. If I need to quit to care for my child, he is half a year old, will I have to pay for the entire study?
You must pay for the semester you studied.
The son is a 1st year cadet at a military school, 18 years old, has not yet taken the oath, he wrote a report for expulsion of his own free will. The command says that they will send him to the troops. But the spring conscription is over, and the autumn conscription will begin only on October 1. How will military service be calculated?
Hello! EVERYTHING is correct, if you pass the KMB, you will be sent to the troops. Expiration of the term - the term at the school will be counted as two days for one GOOD LUCK TO YOU
Cadet. Write a report that I undertake to pay the deductions for the funds spent on my preparation. Can I sue that I refuse to pay after writing a report that I have agreed to?
specify the content of the question in more detail, regarding the reasons for the appeal
When a second-year cadet (contract soldier) is expelled from a military university, is he required to receive additional training to return home?
Not allowed upon expulsion
A first-year cadet is expelled from the military air academy; can he be sent directly to military service immediately after his expulsion, without waiting for the spring draft? Or will there be time until April?
Hello, they can’t do it before the recruitment campaign starts.
I am a 3rd year cadet at a military school. I want to write a report of my own free will about expulsion. 1) Will these 2.5 years be counted as experience? 2) What kind of certificate should I receive stating that I have completed 2 years of military school, and do I have an incomplete higher education? 3) how much will I have to pay and can it be reduced?
1) If these 2.5 years you were considered a military serviceman, then they will be taken into account as seniority. If not, study is not included in the length of service, clauses 3, 4, art. 30 of the Federal Law of December 17, 2001 N 173-FZ (as amended on December 28, 2013, as amended on November 19, 2015) “On Labor Pensions in the Russian Federation.” 2) Previously, persons who successfully passed intermediate certification in at least two years in a higher education program could receive a corresponding diploma. Currently, the concept of “incomplete higher education” in Russian law there is no paragraph. "g", clause 1, art. 2 of the Federal Law “On amendments to certain legislative acts of the Russian Federation (regarding the establishment of levels of higher professional education)” No. 232-ФЗ dated October 24, 2007. Certificates of the established form are issued regarding incomplete education. Appendix No. 6 to the Resolution of the State Committee of the Russian Federation on higher education dated November 30, 1994 No. 9 “On approval of samples of state documents on higher professional education.” 3) To tell how much you will have to pay and how to reduce it, you need to read your contract.
I am a 2nd year cadet of the Russian Higher Military College, Belarus, I wrote a report on expulsion of my own free will in October, I still have not been expelled, what should I do?
Please contact management for clarification in writing. If you do not receive an answer, contact the military prosecutor's office.
Such a case, the cadet wrote a report of his own free will for expulsion from the ChVVAKUSH, he took the oath in the 1st year on September 5, enrolled on 08/01/2015, the scientific council was 3.5 weeks from the date of expulsion to scientific council. I served for 3 months. Promises him a payment. The contract was not signed. It's moving like an emergency. With a monthly allowance of 2000 rubles.
If you are expelled, you will have to pay for two months of study. GOOD LUCK TO YOU
Regarding the peculiarities of transferring from a military university.
Order of the Ministry of Defense of the Russian Federation dated March 12, 2003 N 80 “On approval of the Guidelines for organizing the work of a higher military educational institution of the Ministry of Defense of the Russian Federation” (clause 2) established that
A higher military educational institution carries out its activities in accordance with the regulatory legal acts of the Russian Federation, is guided by orders and directives of the Minister of Defense of the Russian Federation, his deputies, orders and instructions of the superiors to whom they are subordinate, and the Guidelines for organizing the work of a higher military educational institution of the Ministry of Defense of the Russian Federation Federation (hereinafter referred to as the Management), recommendations of the Main Personnel Directorate of the Ministry of Defense and its charter.
That is, a military university is guided by all of the above norms, including the law on education and the Order of the Ministry of Education and Science, as well as the following provisions.
In accordance with Article 15 of the Regulations
on the procedure for military service
Decree of the President of the Russian Federation of September 16, 1999 N 1237 “Issues of military service
Male military personnel expelled from military educational institutions for indiscipline and poor academic performance or reluctance to learn, as well as for refusal to conclude a contract if by the time After expulsion from the specified educational institutions, they have reached the age of 18 years, have not served the established period of military service under conscription and do not have the right to dismissal from military service, exemption or deferment from conscription, and are sent to perform military service under conscription.
For the specified military personnel, to determine the period of military service upon conscription, the following is counted:
a) the duration of conscription military service before entering a military educational institution;
b) the duration of military service under a contract before entering a military educational institution at the rate of: two months of military service under a contract for one month of military service under conscription;
c) duration of military service during training at a military educational institution at the rate of: two months of military service in the specified educational institution for one month of conscript military service.
That is, your son can be expelled at his own request.Agreement with Article 34 of the Regulations.
A serviceman is subject to dismissal from military service:
g) in connection with expulsion from a military educational institution of vocational education (subparagraph “g” of paragraph 1 of Article 51 of the Federal Law) - in case of expulsion from a military educational institution of vocational education (postgraduate studies, military doctoral studies) and in the absence of other grounds for dismissal:
The dismissal of a serviceman expelled from a military educational institution on the basis provided for in subparagraph “g” of paragraph 1 of Article 51 of the Federal Law is carried out by the head of the military educational institution from which the serviceman was expelled, or by another official who is granted the right to dismiss the given serviceman.
That is, if you are expelled from the university, your son will be dismissed from military service.
and sent for military service upon conscription.
Thus, you should also submit an application to the military university for the expulsion of your son due to his reluctance study at this institution.
