Stairs. Entry group. Materials. Doors. Locks. Design

The Federal Law “On Amendments to the Federal Law “On military service and military service" and Article 28.5 of the Federal Law "On the Status of Servicemen" dated February 15, 2016 N 20-FZ (hereinafter - Federal Law dated February 15, 2016 N 20-FZ) supplements the requirements that apply to servicemen when submitting to conferment of the next military rank.

Until now, the basis for conferring the next military rank on a serviceman was the expiration of the term of military service in the previous military rank, and the condition was that the state should provide for a military rank higher than the one that the serviceman has. federal law dated February 15, 2016 N 20-FZ provides for exceptions to the specified general rule. Here are the cases when the assignment of the next military rank to a serviceman should be delayed:
a) when a serviceman is at the disposal of the commander (chief);
b) when a serviceman is involved as an accused in a criminal case or a criminal case is initiated against him - until the criminal prosecution is terminated;

c) during the period of the proceedings on the commission of a gross disciplinary offense by a serviceman - until the application to him disciplinary action;
d) during the period of verification of the reliability and completeness of information on income, expenses, property and property obligations, compliance with the requirements for official conduct in respect of a serviceman - until a penalty is applied to him;
e) when presenting a serviceman for early dismissal from military service for the following grounds:
- in connection with the deprivation of his military rank;
- in connection with the loss of confidence in the serviceman;
- in connection with the entry into force of a court verdict on the appointment of a military serviceman with a sentence of imprisonment;
- in connection with the entry into force of a court verdict on the appointment of a serviceman undergoing military service under the contract, punishment in the form of imprisonment conditionally;
- in connection with the expulsion from the military professional educational organization;
- in connection with the entry into force of a court verdict depriving a serviceman of the right to hold military positions for a certain period;
- in connection with the termination of citizenship Russian Federation soldier;
- in connection with the acquisition by a serviceman of citizenship (nationality) of a foreign state;
- due to non-fulfilment of the terms of the contract;
- in connection with the denial of admission to state secret or deprivation of the specified permission;
- as failed the test;
- in connection with the violation of prohibitions, restrictions and obligations related to military service;
- due to non-compliance with requirements, failure to fulfill duties, violation of prohibitions, non-compliance with restrictions established by the legislation of the Russian Federation and related to military service in the bodies federal service security, state protection bodies;
- due to failure to pass in due course mandatory chemical-toxicological studies of the presence in the human body of narcotic drugs, psychotropic substances and their metabolites;
- in connection with the commission of an administrative offense related to the consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances;
e) during the period when a soldier is considered to have:
- a disciplinary sanction in the form of a warning about incomplete official compliance, reduction in military position, reduction in military rank by one step, reduction in military rank by one step with a reduction in military position;
- a disciplinary sanction applied for committing a gross disciplinary offence;
g) during the period of serving a criminal sentence by a serviceman in the form of restriction in military service or arrest;
h) until the repayment or removal of a criminal record from a serviceman;
i) before the end of the probation period when a serviceman enters military service under a contract;
j) during the period of suspension of military service.
A distinctive feature of the old and new procedures for conferring regular military ranks is shown in Table 1.

Table 1

Assignment of military ranks to military personnel

In addition, Federal Law No. 20-FZ of February 15, 2016 expands the list of gross disciplinary offenses, namely, the following cases of misconduct are considered gross, in addition to those previously established:
- intentional damage or loss through negligence of a document proving the identity of a serviceman of the Russian Federation;
- violation of the rules and requirements establishing the procedure for conducting secret office work;
- violation of the procedure for leaving the Russian Federation;
- violation of the requirements of legislative and other regulatory legal acts of the Russian Federation in the field of intelligence, counterintelligence and operational-search activities, which created conditions for causing damage to the security of the individual, society and the state, or the own security of the bodies engaged in such activities;
- Knowingly unlawful bringing of a serviceman to disciplinary or material liability;
- violation by the commander (chief) of the requirements for the safety of military service, which led to the death or disability, including temporary disability, of a serviceman and (or) a citizen called up for military training * (1).
In connection with the entry into force of the above changes, the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation explained that, in accordance with the Federal Law of February 15, 2016 No. grounds that prevent its assignment, it is necessary to conduct personal conversations, with the grounds for refusing to award the next rank under signature. At the same time, it is necessary to attach the list of the conversation to the personal file of the serviceman * (2), which at one time was provided for in the Soviet Army.
For the practice of law enforcement, of particular interest is the assignment of regular military ranks, depending on the expiration of the term for lifting the corresponding disciplinary sanction, specified in the Federal Law of February 15, 2016 N 20-FZ. Compliance with the time frame by officials will contribute to the reasonable submission of military personnel for the assignment of regular military ranks.
To clarify the period of time during which military ranks are not awarded to military personnel, one should be guided by the provisions of Art. 34-36, 96, 103 of the Disciplinary Charter of the Armed Forces of the Russian Federation (hereinafter referred to as the RF Armed Forces), which determine the conditions for the removal of previously applied penalties.
According to Art. 36 of the Administrative Code of the Armed Forces of the Russian Federation, the removal of a disciplinary sanction - reduction in military rank (position) - from soldiers, sailors, sergeants and foremen is carried out no earlier than six months from the date of its application. Soldiers, sailors, sergeants and foremen are restored to their former military rank only when they are appointed to the corresponding military position.
The removal of a disciplinary sanction - reduction in military position - from ensigns, midshipmen and is carried out no earlier than one year from the date of its application. A disciplinary sanction - reduction in military position - may be removed from a serviceman without simultaneously reinstating him in his previous position.
The removal of a disciplinary sanction - a warning about incomplete official compliance - is carried out no earlier than one year from the date of its application, after which the commander (chief) within 30 days makes a decision (petitions) to remove this disciplinary sanction or, if the serviceman has not corrected his behavior exemplary performance of military duty, and the penalty did not play its educational role - about the reduction of this serviceman in a military position or early dismissal of him from military service in the prescribed manner (Article 96 of the Administrative Code of the Armed Forces of the Russian Federation).
As for the timing of the removal of previously applied other types of penalties for gross disciplinary offenses, here one should rely on the basic conditions formulated in Art. 34, 35 DU of the Armed Forces of the Russian Federation, i.e. the commander has the right to withdraw a disciplinary sanction only after it has played an educational role and the serviceman has corrected his behavior by exemplary performance of military duty. When determining the type of encouragement (including when applying encouragement in the form of the removal of a previously applied disciplinary sanction), the nature of the merits, diligence and distinctions of the serviceman, as well as his previous attitude to military service (Article 34) are taken into account. If a disciplinary sanction applied to a serviceman (with the exception of disciplinary sanctions provided for in Art. 36 of the RF Armed Forces) is not lifted after a year and he does not commit another disciplinary offense during this period, then the disciplinary sanction is removed after the expiration of the period (Article 103 of the Armed Forces of the Russian Federation) RF).
Consequently, the specificity of the incentive measure - the removal of a disciplinary sanction - lies in the fact that, along with the general basis for its application - the presence of personal merit, reasonable initiative, diligence and distinction in service, additional grounds are required: firstly, the previously applied disciplinary sanction must fulfill their educational role and, secondly, the serviceman must correct his behavior by exemplary performance of military duty. Only in this case, a serviceman who was previously disciplined for a gross violation of military discipline has the right, when performing the rest mandatory conditions(being in the corresponding military position and the expiration of the term of military service in the previous military rank) to apply for his submission for the assignment of the next military rank.
In connection with the foregoing, the procedure for conferring a military rank, introduced by Federal Law No. 20-FZ of February 15, 2016, becomes one of the stimulating legal means for the conscientious (proper) performance of military service duties by a military serviceman. The assignment of regular military ranks to servicemen is the right of the commander (chief), which he exercises only in the absence of violations of military discipline by the serviceman. Thus, at the moment, the procedure for conferring the next military rank, which has been discussed for a long time in scientific legal literature * (3), has been implemented, which encourages military personnel to conscientiously fulfill their duties and not violate military discipline.
It should be noted that this system of awarding ranks has long been used in other types of public service, in particular, in customs authorities, in internal affairs bodies, and in the Investigative Committee of the Russian Federation (see Table 2).

table 2

Comparative characteristics of the features of the assignment of the next special ranks used in various types public service, in the presence of disciplinary sanctions

Moreover, when conferring a special rank in the customs authorities, internal affairs bodies and the Investigative Committee, the emphasis is on the absence of any outstanding disciplinary sanctions, which, in our opinion, is a more reasonable approach and, accordingly, increases the value (prestige) of the military rank received precisely for merit soldier. In this case, military personnel are in a more privileged position and, in our opinion, it would be advisable to introduce this rule into military service relations.
It seems that the additions made by the Federal Law of February 15, 2016 N 20-FZ to the procedure for conferring military ranks will help stimulate military personnel to improve the results of their service activities. Violators of military discipline, brought to disciplinary responsibility for committing gross disciplinary offenses, as well as having the above disciplinary sanctions, who previously undeservedly enjoyed the loyalty of military legislation, will not be able to receive the next military rank until the disciplinary sanction is removed from them.

Bibliographic list

1. Gavryushenko P.I., Okunev A.I. The procedure for conferring military ranks and ways to improve it in the Armed Forces of the Russian Federation. [Text] / P.I. Gavryushenko, A.I. Okunev // Russian military-legal collection. - 2005. - N 5.
2. Zakirov R.A. Calendar and preferential length of service for the assignment of the next military rank. [Text] / R.A. Zakirov // Law in the Armed Forces Military Legal Review. - 2010. - N 5.
3. Islamova E.R., Golovko I.I. Topical issues participation of the prosecutor in the consideration by the courts of civil cases on the reinstatement of servicemen dismissed for corruption disciplinary offenses. [Text] / E.R. Islamova, I.I. Golovko // Law in the Armed Forces Military Legal Review. - 2016. - N 3.
4. Titov A.V. Assigning a military rank: duty or right of the commander (chief)? [Text] / A.V. Titov // Law in the Armed Forces Military Legal Review. - 2007. - N 7.
5. Tyurin A.I. Assignment of regular military ranks as a legal incentive for the performance of military service duties. [Text] / A.I. Tyurin // Law in the Armed Forces Military Legal Review. - 2005. - N 7.

────────────────────────────────────────────────────────────────────────
*(1) Theoretically, when committing a gross disciplinary offense, commanders (chiefs) may limit themselves to severe punishment in relation to a serviceman who violates military discipline. However, as case law shows, Lately commanders prefer to dismiss military personnel for failure to comply with the terms of the contract when committing these offenses (see, for example: Islamova E.R., Golovko I.I. Topical issues of the participation of the prosecutor in the consideration by courts of civil cases on the reinstatement of military personnel dismissed for corruption disciplinary offenses // Law in the Armed Forces. 2016. N 3).

*(3) Zakirov R.A. Calendar and preferential length of service for the assignment of the next military rank // Law in the Armed Forces. 2010. No. 5; Tyurin A.I. Assignment of regular military ranks as a legal incentive to fulfill the duties of military service // Ibid. 2005. No. 7; Titov A.V. Assigning a military rank: duty or right of the commander (chief)? // There. 2007. No. 7; Gavryushenko P.I., Okunev A.I. The procedure for conferring military ranks and ways to improve it in the Armed Forces of the Russian Federation // Ros. military law collection. 2005. No. 5.

O.L. Zorin,
lieutenant colonel, candidate of legal sciences, associate professor,

M.N. Bakovich,
PhD in Law, Associate Professor,
VUNTS VVS "VVA named after Professor
NOT. Zhukovsky and Yu.A. Gagarin" (Voronezh);

R.V. Belyaev,
lieutenant colonel, VUNTS VVS "VVA named after Professor
NOT. Zhukovsky and Yu.A. Gagarin" (Voronezh)

Military ranks are assigned to military personnel:

• senior officers - by the President of the Russian Federation;
• up to a colonel or captain of the 1st rank inclusive - by officials in accordance with the Regulations on the procedure for performing military service.

The terms of military service in military ranks and the procedure for their assignment are determined by the Regulations on the procedure for performing military service.

The next military rank is assigned to a serviceman on the day of the expiration of his military service in the previous military rank, if he occupies a military position for which the state provides for a military rank equal to or higher than the military rank assigned to the serviceman, unless otherwise provided by this article.

The next military rank is not assigned to a soldier:

In the event that a serviceman, in accordance with the procedure established by the Code of Criminal Procedure of the Russian Federation, is recognized as having the right to rehabilitation, or if the disciplinary sanction applied to a serviceman, specified in subparagraph "e" of paragraph 2.1 of this article, was canceled (except for the case if after cancellation by the commander (chief) of the specified disciplinary sanction, he applied another disciplinary sanction from among those specified in subparagraph "e" of paragraph 2.1 of this article), or if, after the investigation or verification specified in subparagraph "c" or "d" of paragraph 2.1 of this article, the serviceman was not held accountable, the military rank is assigned to the serviceman from the date of expiration of his military service in the previous military rank.

In the event that the disciplinary sanction specified in subparagraph "e" of paragraph 2.1 of this article is removed or the conviction is removed or extinguished, the military rank is assigned to a military person from the day the disciplinary sanction is removed or the conviction is removed or extinguished.

The term of military service in the assigned military rank does not include the time of serving a criminal sentence in the form of restriction in military service or arrest, as well as the time (periods) that, in accordance with this Federal Law, is not counted in the term of military service (during the period of probation upon admission to contract military service).

A serviceman who has the military rank of officer and successfully masters the educational program higher education or preparing a dissertation for the degree of candidate of science or a dissertation for the degree of doctor of science in a military educational institution of higher education, the next military rank up to lieutenant colonel or captain 2nd rank inclusive is assigned on the day of the expiration of his military service in the previous military rank, regardless of the military the position he held before joining the specified educational organization.

The next military rank to a soldier may be awarded ahead of schedule for special personal merits, but not higher than the military rank provided by the state for his military position.

A military serviceman whose term of military service in the assigned military rank has expired, for special personal merits, may be awarded a military rank one step higher than the military rank provided for by the state for his military position, but not higher than the military rank of major or captain of the 3rd rank, and a soldier, having an academic degree and (or) academic rank, holding a military position of a pedagogical worker in a military professional educational organization or a military educational organization of higher education or a research worker in a military professional educational organization, a military educational organization of higher education or scientific organization, - not higher than the military rank of colonel or captain of the 1st rank.

When entering the military service of a citizen who is serving or has served in the internal affairs bodies, the prosecutor's office of the Russian Federation, the Investigative Committee of the Russian Federation, the troops national guard Russian Federation, the State Fire Service, institutions and bodies of the penitentiary system or other law enforcement agencies and having a special rank (class rank of a prosecutor), a military rank is assigned to him in the manner determined by the Regulations on the procedure for military service.