Legal regulation in area military service and military service in Russia is carried out in accordance with the Federal Law of March 28, 1998 N 53-FZ "On military duty and military service" (hereinafter referred to as the Law).
Military service is carried out both by citizens of the Russian Federation - by conscription and on a voluntary basis under a contract, and by foreign citizens - under a contract in military positions to be replaced by soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation, other troops and military formations.
The procedure for performing military service is determined by the Law, other federal laws, the Regulations on the procedure for military service (hereinafter referred to as the Regulations) and other regulatory legal acts RF.
The term of military service is established by Art. 38 of the Law - separately for conscription and contract service. So, for those who were called to military service after January 1, 2008, the service life is 12 months. The "contract worker" serves as long as the contract is concluded with him.
The first contract for military service is:
With a conscripted military serviceman, the first contract may be concluded for a shorter period. This is possible if total duration his military service on conscription and under the first contract will be three years or five years. In addition, if a conscript wants to enter military service under a contract during a period of emergency or to participate in the maintenance or restoration of international peace, a contract with him can be concluded no earlier than a month before the expiration of the military service and for a period of six months up to a year.
A serviceman (citizen) who is doing military service under a contract and wishes to continue serving may conclude a new contract for three years, five or ten years, as well as for an indefinite period in accordance with paragraph 5 of Art. 38 of the Law and paragraph 5 of Art. 9 Regulations. The specified norms provide for the conclusion of a contract for a different period - for example, before the age limit for military service.
The term of military service is calculated from the beginning of military service, which, in accordance with paragraph 10 of Art. 38 of the Law is considered:
In accordance with paragraph 3 of Art. 3 provisions military service expires:
The end of military service is considered the day of exclusion of a serviceman from the lists of personnel of a military unit in connection with dismissal from military service, death (death), recognition as missing or declared dead.
A serviceman must be excluded from the lists of personnel of a military unit on the day of the expiration of his military service. This rule does not apply to cases where a soldier:
The period of military service does not include the time when a serviceman:
The time spent in a disciplinary military unit may be included in the period of military service, provided that the serviceman has served impeccably. Such a decision regarding a serviceman released from a disciplinary military unit may be made by the commander of the troops of the military district or a commander (chief) equal to or higher than him. At the same time, the procedure determined by the heads of the federal executive bodies that provide for military service must be observed.
The total duration of military service includes all the time of service both on conscription and under contract, including in cases of re-entry into military service. It is determined in calendar terms.
In cases established by federal laws and other regulatory legal acts of the Russian Federation, the total duration of military service is determined on a preferential basis. For example, one month of service is counted as three.
Conscripted military personnel, one day of participation in hostilities or performing tasks in armed conflicts, as well as one day of being in medical institutions as a result of injuries, contusions, injuries or illnesses received during participation in these actions or conflicts, is counted as two days of military service by conscription.
The abbreviations "other troops" and "military formations" are given in the article in accordance with paragraph 1 of Art. 2 Laws.
The regulation "On the procedure for performing military service" was approved by Decree of the President of the Russian Federation of September 16, 1999 N 1237 "Issues of military service."
The age limit for military service is set by Art. 49 of the Law. Age limits vary by military rank. There is a separate age limit for women.
No. 1237 (as amended on 10.01.2009 No. 30)
Guided by the Federal Law "On Defense", I decide:
1. Approve the attached Regulations on the procedure for military service.
2. Director of the Foreign Intelligence Service Russian Federation, the heads of federal executive bodies, which include the foreign intelligence agencies of the Russian Federation, when establishing the age limit for military personnel of these bodies in military service, be guided by Decree of the President of the Russian Federation dated April 21, 1996 No. 574 "On the procedure for establishing the maximum age of stay in the military service of military personnel of the foreign intelligence agencies of the Russian Federation.
3. The Ministry of Defense of the Russian Federation, together with the federal executive authorities concerned, should generalize the practice of applying in the Armed Forces of the Russian Federation, federal executive authorities that provide for military service, the Regulations on the procedure for military service approved by this Decree and, if necessary, in March 2000. submit to in due course suggestions for its improvement.
4. Do not apply on the territory of the Russian Federation Decrees of the Presidium Supreme Council USSR according to the list according to the appendix.
5. Recognize invalid the Decree of the President of the Russian Federation of January 4, 1999 No. 4 "Issues of military service" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1999, No. 2, Art. 264).
6. The Government of the Russian Federation shall, within 3 months, bring its regulatory legal acts in line with this Decree.
President of the Russian Federation Boris Yeltsin
Moscow, Kremlin September 16, 1999 No. 1237
Approved by Decree of the President of the Russian Federation
dated September 16, 1999 No. 1237
Article 1 General provisions about military service
1. The regulation on the procedure for performing military service determines the procedure for citizens of the Russian Federation to perform military service by conscription and on a voluntary basis (under contract) in the Armed Forces of the Russian Federation, other troops, military formations and bodies, military units of the State Fire Service of the Ministry of the Russian Federation for civil defense, emergencies and elimination of consequences natural Disasters(hereinafter referred to as the military units of the State Fire Service), provided for by the Federal Law "On Military Duty and Military Service" (hereinafter referred to as the Federal Law), in peacetime, the procedure for concluding a contract for military service (hereinafter referred to as the contract) and terminating it actions, as well as other issues that, in accordance with federal laws, are within the scope of its regulation ( ).
Features of military service during the period of mobilization, when a state of emergency is introduced, martial law and in wartime are determined by federal constitutional laws, federal laws and other regulatory legal acts of the Russian Federation.
2. Military service includes appointment to a military position, assignment of a military rank, attestation, dismissal from military service, as well as other circumstances (events) that, in accordance with the Federal Law, other federal laws and this Regulation, determine the legal status military personnel.
3. Military service in the Russian Federation is carried out in accordance with the Constitution of the Russian Federation, the Federal Law, other federal laws, this Regulation, other regulatory legal acts of the Russian Federation in the field of military service and the status of military personnel, as well as with international treaties of the Russian Federation in this area .
4. Military personnel who are judges of military courts, employees of military courts, employees of the military prosecutor's office, as well as employees of military investigative bodies of the Investigative Committee under the Prosecutor's Office of the Russian Federation, perform military service in accordance with the Federal Law and this Regulation, taking into account the specifics established by federal laws and other normative legal acts of the Russian Federation regulating the activities of military courts, the military prosecutor's office and military investigative bodies of the Investigative Committee under the Prosecutor's Office of the Russian Federation ( p. 4 as amended. Decree of the President of the Russian Federation of October 21, 2008 No. 1510).
5. The specifics of the entry into military service of certain categories of citizens of the Russian Federation and the performance of military service by certain categories of servicemen are established by federal laws and other regulatory legal acts of the Russian Federation.
Article 2. Military service
1. Military service is carried out:
a) soldiers, sailors, sergeants, foremen - by conscription or by contract;
b) ensigns and midshipmen - under the contract;
By Decree of the President of the Russian Federation of August 20, 2007 No. 1084, this document is amended, according to which, from January 1, 2010, in subparagraph "c" of paragraph 1 of Article 2, the words "by conscription or" will be excluded.
c) officers - by conscription or by contract.
2. Citizens of the Russian Federation (hereinafter referred to as citizens) who have not completed military service, studying in military educational institutions of vocational education (hereinafter referred to as military educational institutions), until the conclusion of the contract, have the status of conscripted military personnel.
3. Conscripted military personnel may be sent (including as part of a subunit, military unit, formation) to perform tasks in armed conflicts (to participate in hostilities) after they have completed military service for at least six months and after training in military specialties ( p. 3 as amended. Decree of the President of the Russian Federation of October 15, 1999 No. 1366).
Article 3. Beginning, term and end of military service
1. The beginning of military service is considered:
a) for citizens called up for military service who were not in the reserve - the day of departure from the military commissariat of a constituent entity of the Russian Federation to the place of military service;
b) - c) became invalid from January 1, 2008. - Decree of the President of the Russian Federation of 20.08.2007 No. 1084;
d) for citizens who entered military service under a contract - the day the contract comes into force;
e) for citizens who have entered military educational institutions and have not completed military service or have completed military service earlier - the day of enrollment in these educational institutions.
2. The term of military service is established:
a) for military personnel who do not have the military rank of an officer and were called up for military service before January 1, 2007, with the exception of the military personnel specified in subparagraph "c" of this paragraph - 24 months;
b) for military personnel who do not have the military rank of an officer and are called up for military service from January 1 to December 31, 2007 inclusive, with the exception of the military personnel specified in subparagraph "c" of this paragraph - 18 months;
c) for military personnel who graduated from state, municipal or state-accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties), who do not have the military rank of officer and are called up for military service before January 1, 2008 - 12 months;
d) for military personnel with the military rank of officer and called up for military service before January 1, 2008 - 24 months;
e) for military personnel called up for military service after January 1, 2008 - 12 months;
f) for servicemen undergoing military service under a contract - in accordance with a contract for military service.
The term of military service is calculated from the date of commencement of military service ( p. 2 as amended. Decree of the President of the Russian Federation of March 8, 2007 No. 303).
3. The term of military service expires:
a) for military personnel undergoing military service by conscription - on the appropriate date of the last month of the term of military service by conscription;
b) for military personnel undergoing military service under a contract - on the corresponding month and day of the last year of the contract term or on the corresponding day of the last month of the contract term, if the contract was concluded for a period of up to one year.
In cases where the expiration of the period of military service falls on a month in which there is no corresponding date, the specified period expires on the last day of this month.
4. The day of the end of military service is the day of exclusion of a serviceman from the lists of personnel of a military unit (hereinafter, military units are understood as military command and control bodies, bodies, military units, ships, formations, enterprises, institutions and organizations of the Armed Forces of the Russian Federation (other troops, military formations or bodies), military units of the State Fire Service, as well as military faculties (departments) at educational institutions of higher professional education) in connection with dismissal from military service, death (death), recognition as missing or declared dead ( in red. Decree of the President of the Russian Federation of April 17, 2003 No. 444).
A serviceman must be excluded from the lists of personnel of a military unit on the day of the expiration of his military service (early dismissed - no later than the end of his military service), except as otherwise established by the Federal Law and these Regulations.
The day of exclusion from the lists of personnel of a military unit is the day of completion (last day) of military service for a serviceman.
5. The term of military service does not include:
a) the period of stay of a serviceman in a disciplinary military unit;
b) the time of serving the arrest by the convicted serviceman;
c) the time of serving a disciplinary sanction in the form of arrest;
d) the time of unauthorized leaving of a military unit or place of military service lasting more than 10 days, regardless of the reasons for leaving.
6. For a convicted serviceman who has mastered a military specialty, who knows and accurately fulfills the requirements of military regulations and performs an impeccable service, and who is released from a disciplinary military unit after the expiration of his term of conscription, the time spent in a disciplinary military unit may be included in the period of his military service in the manner determined by Minister of Defense of the Russian Federation.
For a serviceman released from a disciplinary military unit, subject to his impeccable military service, the time spent in a disciplinary military unit may be included in the term of military service by the commander of the troops of the military district or by a commander (chief) equal to him and higher, in the manner determined by the heads of the federal executive bodies. authorities in which military service is provided.
7. The total duration of the military service of a serviceman includes the entire time of his military service, both on conscription and under contract, including in cases of re-entry into military service.
The determination of the total duration of military service is carried out on a calendar basis.
In cases established by federal laws and other regulatory legal acts of the Russian Federation, the total duration of military service is determined on a preferential basis.
8. For conscripted military personnel, one day of participation in hostilities or performance of tasks in armed conflicts, as well as one day of stay in medical institutions due to injuries, concussions, injuries or diseases received during participation in these actions or conflicts , is counted for two days of military service on conscription.
a) for citizens called up for military service who were not in the reserve - the day of departure from the military commissariat of a constituent entity of the Russian Federation to the place of military service;
b) for citizens called up for military service from among those who graduated from state, municipal or having state accreditation in the relevant areas of training (specialties) non-state educational institutions of higher professional education and enrolled in the reserve with the assignment of the military rank of officer - the day of departure to the place of military service specified in the order of the military commissariat;
c) for citizens called up for military service immediately after graduating from state, municipal or state-accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties) who have been awarded the military rank of officer, the day of departure on leave provided by the military commissariat upon graduation specified educational institutions;
d) for citizens who entered military service under a contract - the day the contract comes into force;
e) for citizens enrolled in military educational institutions and who have not completed military service or who have completed military service earlier, the day of enrollment in these educational institutions.
2. The term of military service is established:
a) for soldiers, sailors, sergeants and foremen who are doing military service by conscription - 24 months;
b) for soldiers, sailors, sergeants and foremen who are conscripted and graduated from state, municipal or state accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties) - 12 months;
c) for conscripted officers - 24 months;
d) for military personnel serving under a contract - the period specified in the contract.
The term of military service is calculated from the date of commencement of military service.
3. The term of military service expires:
a) for military personnel undergoing military service by conscription - on the appropriate date of the last month of the term of military service by conscription;
b) for military personnel undergoing military service under a contract - on the corresponding month and day of the last year of the contract term or on the corresponding day of the last month of the contract term, if the contract was concluded for a period of up to one year.
In cases where the expiration of the period of military service falls on a month in which there is no corresponding date, the specified period expires on the last day of this month.
4. The day of the end of military service is the day of exclusion of a serviceman from the lists of personnel of a military unit (hereinafter, military units are understood as military command and control bodies, bodies, military units, ships, formations, enterprises, institutions and organizations of the Armed Forces of the Russian Federation (other troops, military formations or bodies), as well as military faculties (departments) at educational institutions of higher professional education) in connection with dismissal from military service, death (death), recognition as missing or declared dead.
A serviceman must be excluded from the lists of personnel of a military unit on the day of the expiration of his military service (early dismissed - no later than the end of his military service), except as otherwise established by the Federal Law and these Regulations.
The day of exclusion from the lists of personnel of a military unit is the day of completion (last day) of military service for a serviceman.
5. The term of military service does not include:
a) the period of stay of a serviceman in a disciplinary military unit;
b) the time of serving the arrest by the convicted servicemen;
c) the time of serving a disciplinary sanction in the form of arrest;
d) the time of unauthorized leaving of a military unit or place of military service lasting more than 10 days, regardless of the reasons for leaving.
6. For a convicted serviceman who has mastered a military specialty, who knows and accurately fulfills the requirements of military regulations and performs an impeccable service, and who is released from a disciplinary military unit after the expiration of his term of conscription, the time spent in a disciplinary military unit may be included in the period of his military service in the manner determined by Minister of Defense of the Russian Federation.
For a serviceman released from a disciplinary military unit, subject to his impeccable military service, the time spent in a disciplinary military unit may be included in the term of military service by the commander of the troops of the military district or by a commander (chief) equal to him and higher, in the manner determined by the heads of the federal executive bodies. authorities in which military service is provided.
7. The total duration of the military service of a serviceman includes the entire time of his military service, both on conscription and under contract, including in cases of re-entry into military service.
The determination of the total duration of military service is carried out on a calendar basis.
In cases established by federal laws and other regulatory legal acts of the Russian Federation, the total duration of military service is determined on a preferential basis.
8. For conscripted military personnel, one day of participation in hostilities or performance of tasks in armed conflicts, as well as one day of stay in medical institutions due to injuries, concussions, injuries or diseases received during participation in these actions or conflicts , is counted for two days of military service on conscription.
II. PROCEDURE FOR CONCLUDING A CONTRACT
AND TERMINATION
Military service is an honorable duty. The Russian army is among the strongest in the world, even according to experts from leading foreign powers. And because many young guys dream of getting into its ranks. This is facilitated by the principle of manning the Armed Forces of the Russian Federation. A significant percentage of our country's army officers are contract soldiers. However, conscription service - essential condition combat readiness of the Russian Armed Forces. Consider the nuances associated with the organization of enrollment in the army of recruits.
General principles reflecting the functions of the state army, as well as the duties of citizens in relation to service in the Armed Forces, are already fixed at the level of the Constitution of the Russian Federation. Conscription for military service in the Russian Federation is regulated by the Federal Law "On Military Duty", adopted on July 6, 2006. This legal act regulates almost all aspects relevant to the recruitment of the Armed Forces of the Russian Federation with conscripts, as well as personnel under the contract.
Specifically, conscription into the army is regulated by the 4th section of the Federal Law in question. In particular, at the very beginning, in Article 22, it is indicated who can be called up for service in the RF Armed Forces. Let's start with this aspect.
Military service by conscription is the duty of all male citizens of the Russian Federation aged 18 to 27 years. Among the key criteria is being on the military register, as well as the absence of the status of being in the reserve of the Armed Forces. In turn, Russians who have officially received an exemption from the corresponding duty, those who have a deferment, as well as citizens who, for one reason or another, cannot be enrolled in the ranks of the RF Armed Forces, cannot be drafted into the army.
Consider the aspect regarding exemption from conscription into the army. Firstly, this is possible if a citizen is declared unfit for service in the Armed Forces of the Russian Federation due to his state of health. There is a list of diseases fixed by law that may be an obstacle to enrolling a person in the army. Among the key sources of relevant information is Decree of the Russian Federation No. 123, adopted on February 25, 2003. Secondly, those who are already enrolled in the Russian army, have served and retired, as well as those who are serving in an alternate order. Thirdly, citizens who were already in the ranks of the Armed Forces of other states are not called up.
The Federal Law "On Military Duty" contains wordings according to which certain categories of citizens have the right to be exempt from conscription in the RF Armed Forces. So, for example, people with an official scientific degree - candidates and doctors of sciences - may not go to the army. Also, the sons or brothers of servicemen who gave their lives for their homeland during the conscription period have the right to release.
Of course, holders of scientific degrees can join the army if they wish. True, they can become conscripts only if they are not yet 27 years old. After - only on a contract basis.
There are categories of citizens for whom military service on conscription is prohibited by law. So, guys who are serving sentences in prison, those who are arrested or people with a criminal record that has not been extinguished cannot be enrolled in the ranks of the RF Armed Forces. As well as persons in respect of whom law enforcement agencies are investigating, or who will participate as defendants in a criminal trial.
The legislation of the Russian Federation provides for an option in which conscription for military service can be postponed. Exist different kinds deferment from enrollment in the Armed Forces of the Russian Federation. Let's consider their specifics.
Citizens who have received the status of temporarily unfit for enrollment in the Armed Forces of the Russian Federation can receive a deferment. The period during which a person cannot be called up is up to one year.
Citizens who care for sick close relatives can also receive a deferment (if there is no one else to do this, and also provided that a similar function is not performed government bodies). Guardians of siblings who are under 18 also may not enlist in the military until the wards come of age.
Conscription for military service in the manner prescribed by law is transferred if a citizen has a child and he brings him up himself. Also, a man may not join the army if he has two or more children. Moreover, if the conscript has one child, but his wife is pregnant again (the term is 26 weeks or more), then a delay is also given. The same applies to a citizen raising a child with a disability who is under 3 years old.
If a person serves in law enforcement agencies, the fire service, at customs - provided that he has studied in specialized departmental educational structures - then for the period of work in the relevant institutions he can exercise the right not to join the army. True, in this case, a citizen must have a special rank.
Deputies of the State Duma, as well as parliamentary structures of the constituent entities of the federation and municipalities, have a deferment from conscription into the army. Similarly, mayors of cities and heads of districts are also temporarily exempted from service in the Armed Forces of the Russian Federation - while they are in their respective positions. It can be noted that candidates for the state and municipal posts under consideration also receive a delay - while they participate in the elections.
Among the most common grounds for deferment is training in educational institutions. If a person receives a secondary education, then he may not join the army until the age of 20. If at a university, it is released for the entire time of study. Or while the statutory age of conscription for military service is relevant. Similarly - if a person is studying in graduate school. Thus, students are not called up for military service, but only if their status (as a student of one or another institution) at the time of the campaigns for enrolling in the army is confirmed. But if they are expelled, then the military registration and enlistment office will send them a summons during the period of the autumn or spring conscription.
Another option, in which enrollment in the RF Armed Forces may be postponed: a Russian citizen of draft age, fit for the army and having no reason for delays, is abroad. Of course, the military registration and enlistment office has no right to call him from abroad. However, upon the return of a person from abroad during the period of spring or autumn conscription, the relevant structures may well hand him a summons.
The organization of conscription for military service is carried out within a certain period of time. This happens twice a year. April 1st to July 15th spring is coming call. The legal basis for it is the corresponding decree of the President of the Russian Federation. From October 1 to December 31, an autumn call is organized. The indicated terms may differ in relation to campaigns for the enrollment of citizens of the Russian Federation into the army in some regions of the Far North or in territories equated to them. There, the spring conscription runs from May 1 to July 15. Similarly, if a person works as a teacher. Autumn conscription in the Far North and territories equated to it - from November 1 to October 31. That is, the corresponding terms are noticeably reduced. It is also determined by law that the autumn conscription for citizens who are engaged in agricultural work takes place from October 15 to December 31.
Consider aspects related to the organization of the draft of Russians into the army. The first stage is to ensure the appearance of a citizen for a medical examination and the subsequent meeting of the territorial draft commission responsible for enrolling recruits in the RF Armed Forces. Further, within the time limits approved by law, the conscript must appear at the military registration and enlistment office at the place of registration, and then go to the place of service. Communications between the military commissariat and citizens who are subject to conscription are carried out through subpoenas.
In addition to the draft commission, the conscription of citizens for military service implies the participation of a number of other structures. Which ones? First of all, it is the higher draft commission of the constituent entity of the Russian Federation. Also, if the military registration and enlistment office determines that a person intentionally avoids the army, then the transfer of the necessary information about the identity of the conscript to the competent law enforcement agencies is initiated.
Let us consider what is the procedure for conscription of citizens of the Russian Federation in the aspect of the activities of the relevant commission. What are the responsibilities of this structure? First of all, this is the adoption, upon the fact of the study of personal information about the recruit (mainly of a medical nature), decisions related to service general order or alternative way, granting a deferment, exemption from enlistment of a person in the Armed Forces of the Russian Federation or the definition of a citizen in the reserve.
The commission determines to which branch of the military a citizen enrolled in the army should be sent. Decisions made by the structure in question are recorded within the framework of a document of the established form. The conscript may request a copy of it. The decision of the draft board can be appealed to higher structures. Actually, it will be useful to consider the specifics of the work of the relevant bodies in more detail.
Conscription commissions, therefore, exist not only at the level of municipal territories, but also in relation to the political structure of the subject of the federation. In practice, this can already be seen in the example of the principles for the formation of such departments. In particular, draft commissions at the level of a subject of the federation are formed by the highest official of the region. The specifics of the activity of these structures is to some extent similar to the work of territorial commissions. Thus, the competence of the institutions under consideration includes a medical examination, an examination for possible exemption from military service, as well as work with applications from citizens who believe that the draft board at a lower level did not work quite well (in the aspect of making a decision on their suitability for service).
Commissions at the level of subjects also develop various guidelines concerning the activities of lower structures in the military registration and enlistment offices, check whether deferrals are correctly granted, whether the criteria for exempting citizens from enrollment in the army are correctly understood by the employees of local draft commissions. The institutions under review also test the validity of the decisions of local structures, reflecting the geography of the distribution of recruits by duty station.
Conscription commissions working at the level of subjects have the right to cancel decisions made by lower structures. In this case, the relevant institution accepts one of the alternatives. That is, if, for example, a decision is canceled concerning the determination of a citizen unfit for service, then a scenario is immediately drawn up, connected, for example, with enrolling a person in the army by serving a subpoena.
In turn, if the conscript does not agree with the decision of the commission at the level of the subject of the Russian Federation, then he can appeal it through the courts. At the same time, the scenarios determined by the institution cannot be implemented until the result of the court hearing comes into force.
Conscription implies that a citizen must treat enrollment in the army as a duty. It can be noted that the summons from the military registration and enlistment office is not just a formality, but a document directly instructing a person to appear at the appropriate authority for a medical examination. You need to get it on receipt. If a person ignores the contents of the agenda, then a case on evasion of conscription into the Russian army can be legally initiated against him.
Now the term of military service by conscription is one year. This, it must be said, is historically one of the shortest periods. For example, before 2007, it was necessary to serve twice as long as now. There was a relatively short period, from 1993 to 1996, when Russians were drafted into the army for a year and a half. But then the term for performing military duty in the Armed Forces increased. Since 2007, a gradual transition to the service within one year began.
Military personnel are citizens who have a special status. If a person was drafted into the army, he also has the basic rights and obligations of the corresponding category of persons. In particular, service in the RF Armed Forces is often associated with working with information containing state secret. Military personnel do not have the right to participate in various actions and strikes. At the same time, it is worth noting that the range of rights and obligations of conscript soldiers and officers who are in the army under a contract differs significantly in a number of positions.
Conscription into the army, along with the contract form of enrollment of military personnel, is a key mechanism for recruiting the composition of the RF Armed Forces. There is evidence that in the foreseeable future the composition of the Russian Armed Forces will also be replenished with citizens of foreign states. But so far, a successful conscription is among the key factors in the country's defense capability. And that is why the military commissariats, organizing the spring and autumn conscription commissions, approach their work with special responsibility.
Traditionally service in Russian army considered an honorable duty. And it can be not only military training. Conscripts who serve in the military may, in some cases, take part in actual combat operations. At the same time, the features of conscription military service involve mainly active preparatory work. This can be done, among other things, through the participation of soldiers in military exercises, which in recent years have been held in the Russian army quite regularly and on a fairly large scale.
Service in the army is, first of all, order. Which is reinforced by the unquestioning principle of "orders are not discussed." Unity of command - another the most important aspect army order, and it is enshrined in the Charter of the Armed Forces of Russia. The commander has full administrative power over his subordinates, subject to personal responsibility for his actions.
Among the key ones ensuring the functioning of the Russian Armed Forces is the Federal Law "On Defense". It contains provisions that reflect how the interaction of certain structures of power should be carried out in solving problems related to the protection of the sovereignty of the state. Another significant law is "On the status of servicemen."
The above-mentioned Federal Law "On Military Duty" is also on the list of the most important ones. At the very beginning of the article, we noted that the Constitution of the Russian Federation can also be attributed to the number of fundamental sources of law in terms of organizing the army. The 59th article of the basic law of Russia says that the defense of the Fatherland is the duty and obligation of every citizen of the country.
Documents regulating the course of military service, the life of soldiers, the principles of conducting combat operations in the army of the Russian Federation - charters. In the modern Russian Armed Forces there are several types of corresponding sources - combat and general military. What are their features?
Charters, classified as general military, establish principles common to all branches of the Russian Armed Forces, according to which relations between officers, their rights and obligations should be built. During the period of conscription for military service, the recruit is required to familiarize himself with the relevant principles. What kind of documents refer to general military? First of all, it is the Charter internal service RF Armed Forces. A similar document also functions in relation to the garrison and guard structures of the army. There are disciplinary and drill charters of the Armed Forces of the Russian Federation.
In turn, there are relevant documents that belong to the category of combat. Such charters are based on the key formulations of the national military doctrine of the Russian Federation, as well as the experience of conducting combat operations. This kind of sources can be used in the course of the practical involvement of the army in war conditions.
The beginning of military service is considered:
For citizens who are not in the reserve, called up for military service - the day of departure from the military commissariat of a constituent entity of the Russian Federation to the place of military service;
For citizens (foreign citizens) who entered military service under a contract - the day the contract for military service comes into force;
For citizens who have not completed military service or who have completed military service earlier and entered military educational institutions of vocational education, the date of enrollment in these educational institutions.
A serviceman who is a citizen who entered military service for the first time, or a citizen who did not do military service and was called up for military training for the first time, is sworn in before the State Flag of the Russian Federation and the Battle Banner of the military unit.
Foreigners, as mentioned above, accept the obligation.
Bringing to the Military oath (taking an obligation) is carried out:
Upon arrival of a serviceman to the first place of military service after completing the initial military training, the period of which should not exceed two months;
Upon arrival of a citizen to the first place of military training.
Before taking the Military Oath (making a commitment):
A serviceman cannot be involved in the performance of combat missions (participation in hostilities, combat duty, combat service, guard duty) and tasks during the introduction of a state of emergency and in armed conflicts;
Weapons and military equipment cannot be assigned to a serviceman;
A disciplinary sanction in the form of arrest may not be imposed on a serviceman.
For servicemen undergoing military service under a contract, the term of military service is established in accordance with the contract for military service.
The term of military service is calculated from the date of commencement of military service.
Military service expires:
a) for military personnel undergoing military service by conscription - on the appropriate date of the last month of the term of military service by conscription;
b) for military personnel undergoing military service under a contract - on the corresponding month and day of the last year of the contract term or on the corresponding day of the last month of the contract term, if the contract was concluded for a period of up to one year.
In cases where the expiration of the period of military service falls on a month in which there is no corresponding date, the specified period expires on the last day of this month.
The day of the end of military service is the day of exclusion of a serviceman from the lists of personnel of a military unit in connection with dismissal from military service, death (death), recognition as missing or declared dead.
A serviceman must be excluded from the lists of personnel of the military unit on the day of the expiration of his military service (early dismissed - no later than the end of the military service), except for the cases established by the Federal Law "On military duty and military service" and the Regulations on the procedure for military service.
The day of exclusion from the lists of personnel of a military unit is the day of completion (last day) of military service for a serviceman.
The period of military service does not count:
a) the period of stay of a serviceman in a disciplinary military unit;
b) the time of serving the disciplinary arrest by the convicted serviceman;
c) the time of unauthorized abandonment of a military unit or place of military service lasting more than 10 days, regardless of the reasons for abandonment.
For a convicted serviceman who has mastered a military specialty, who knows and accurately fulfills the requirements of military regulations and performs an impeccable service, and who is released from a disciplinary military unit after the expiration of his term of conscription, the time spent in a disciplinary military unit may be included in the period of his military service in the manner determined by the Minister of Defense RF.
For a serviceman released from a disciplinary military unit, subject to his impeccable military service, the time spent in a disciplinary military unit may be included in the term of military service by the commander of the troops of the military district or by a commander (chief) equal to him and higher, in the manner determined by the heads of the federal executive bodies. authorities in which military service is provided.
The total duration of the military service of a serviceman includes the entire time of his military service, both on conscription and under contract, including in cases of re-entry into military service.
The determination of the total duration of military service is carried out on a calendar basis.
In cases established by federal laws and other regulatory legal acts of the Russian Federation, the total duration of military service is determined on a preferential basis.
For conscripted military personnel, one day of participation in hostilities or performance of tasks in armed conflicts, as well as one day of stay in medical institutions due to injuries, contusions, injuries or diseases received during participation in these actions or conflicts, is counted for two days of military service on conscription.
