Section 7. The right of military personnel to education and retraining

Reasons and grounds for dismissal of a military personnel

The reasons for dismissal from the RF Armed Forces are set out in detail in the law of March 28, 1998 No. 53-FZ, namely in Article 51.

age of the serviceman;
end of service life;
health status;
deprivation of military rank;
court sentence;
election as a deputy;
termination of Russian citizenship.

To understand how a report is written, you should understand all the nuances of regulatory documents, since, unlike “conscripts,” the issue of dismissal of contract soldiers is decided strictly individually.

Dismissal due to age

Implies the fact of serving in the military until reaching the established limit.

In 2021, the President of the Russian Federation adopted some amendments to military legislation.

In particular, the age at which personnel are in service has been changed. It has been extended to 5 years. Thus, a contract with a military man with the rank of marshal or colonel general can be signed at the age of up to 70 years, for other military ranks - up to 65 years.

The above-mentioned Article 51 allows contract workers to resign at their own request if there are good reasons for doing so.

Here you should understand the reasons that are not included in the points listed in the article.

The decision to approve the application is made by the certification commission if it considers that the reasons described in the report really do not make it possible to fully carry out military duties.

Since the law does not specify these same “valid reasons,” sometimes the commission does not recognize certain reasons as sufficient for dismissal.

Disagreements in such cases can only be resolved by the court.

Specific case: the military court of the city of Omsk ruled on December 22, 2014 that the circumstances of the serviceman’s wife being registered at the oncology clinic and the large monetary costs for her treatment were considered valid.

End of contract

It does not require writing a report on dismissal from the army when the contract expires, since its termination is not the desire of the serviceman.

However, if there is sufficient length of service, then the report indicates the need to provide housing or the right to use savings for a home mortgage (Law No. 117-FZ).

If a serviceman is declared unfit for service (clause “c” of paragraph 1 of Article 51 of the Law), a copy of the medical report is attached to the report.

The wording of the reason in the report can also be as “limitedly fit” for a contract soldier serving under military conscription. The law prohibits the early dismissal of contract employees without their consent if the required length of service has not yet been achieved. The exception is cases of offenses for which punishment is incurred, as well as non-compliance with the terms of the contract.

Long-service pensions can be received by military personnel dismissed due to:

if the age limit for military service has been reached;
health does not allow;
carrying out organizational and staffing activities.

It is important to comply with the following mandatory conditions:

the serviceman is 45 years of age or older at the time of dismissal;
total work experience is 25 years or more;
more than 12.5 years of military service.

Making a report

The report is written by the applicant in his own hand, just like a regular resignation letter.

There are required fields to fill out.

The step-by-step instructions for filling out look like this:

at the top, in the right corner, indicate the details of the person to whom the application is addressed;
in the middle of the sheet you need to write the name of the document, in this case - a report;
the text sets out a request with a petition to the command leadership for dismissal;
when indicating the reasons for dismissal, it is advisable to refer to an article of the law;
copies of the conclusion of the medical commission are attached to the report;
outlines the consent (refusal) to undergo the military examination and calculation of length of service;
the provision (or lack of provision) with residential premises is noted;
indicate the address of the commissariat where to send your personal file;
the list contains the documents required upon dismissal;
at the end the date, signature, full name are affixed. applicant, his position, rank.

Like any other application document, the report should be written in two copies, since the applicant must retain a document with a mark of acceptance and registration.

Samples of writing a report:

Whether the service life will be extended or terminated - a decision on this is made six months before its end.

When three months remain before the end of the service, this decision is brought to the attention of the contractor. Conducting a conversation with him is also mandatory.

The following documents are additionally attached to the application for a discharged serviceman, signed directly by the commander (other authorized person):

certification sheet (copy);
sheet of the conversation conducted (copy);
a copy of the IHC conclusion (if necessary);
report (if the basis for dismissal presupposes its existence).

A discharged serviceman must receive in his hands: a passport, a military ID, a service record card, a professional psychological selection card, a prescription, a travel document (travel to the destination), and a reference.

Payments to the military

The reference may be needed when entering an educational institution or getting a job, so you need to request it in two copies.
if a title has been assigned, check that this fact is recorded in the personal file.
When traveling at your own expense, you must keep your travel documents and submit them for reimbursement.

For military personnel resigning due to health conditions, age limits, organizational staff activities, the law provides for the payment of benefits:

Benefits based on other criteria are determined by the Russian Government.

The one-time payment can be increased by two salaries for military personnel who have earned state awards. For conscripts, a one-time benefit is equal to the minimum wage established in the country at the time of dismissal. For military personnel recognized as orphans, this benefit is paid 5 times.

Dismissed contract workers are entitled to the following payments:

In what cases are lifting lifts not used?

It will be impossible to issue in the following situations:

completion of training at a military university for up to 12 months;
before the employee went to training, his military rank was not retained;
the military man was immediately dismissed or sent to his old unit upon arrival;
I have already received a lifting allowance, but I moved to another place - the payment will not be processed again;
the citizen was enrolled as a ship’s crew, moves to the place where the crew was created, and then to the territory of study;
in the event of service on a ship, a situation arose that forced the ship to be repaired in another country.

These norms apply to all military personnel, including employees of the Ministry of Emergency Situations, as well as the police and the Federal Penitentiary Service.

Read more about payment of benefits for caring for a disabled child.

How to receive benefits for the death of a relative? Details in the article.

Relatives of the contract worker may not hope to receive subsidies if they have not moved with him for permanent residence, but are only visiting. They will also not receive it if the move is not related to a change of duty station, but concerns a change of job or training location.

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Actions of a serviceman

The report should be prepared in two copies. The document is drawn up in any form; there is no standardized form. Be sure to provide at least two valid reasons.
Such a document must be submitted to the combat unit. On one copy of the document the registration number of the incoming document by the employee of the combat unit and the date of receipt of this document are written, and on the second copy the same is written, but only it is left in the unit, and the first is given to the serviceman.
Unit employees have no right to refuse to consider a request for a report and not accept it at all, or to accept it in violation of office work standards (fail to register the document as incoming).
Having accepted your report, they are required to consider it within 30 days and give you a written, documented response. This requirement is spelled out in the legislation of the Armed Forces of the Russian Federation - Art. 116 of the Disciplinary Charter, which states that appeals of any nature, for any reason, must be considered by management.
The law does not specify cancellation beyond the statute of limitations for filing a report. If after 30 days you have not received an answer, then you have every right to appeal in court against the inaction of your superior authority. In addition, you can also contact the military prosecutor of your garrison where you serve or the prosecutor’s office at the place of residence of your boss, who is evading his duties.

Please note why two copies of the report are needed. If the commander of a combat unit evades or causes any obstacles to a serviceman in connection with filing a report, all this can be appealed in court.

If professional retraining was denied during the period of dismissal from military service

Ten years ago, an experimental federal program was launched for the retraining of discharged military personnel, aimed at ensuring that they could master a civilian specialty before leaving. Due to its success and demand, it still exists today. How the retraining of military personnel transferred to the reserve takes place will be discussed further.

Novosibirsk Higher Military Command School, Novosibirsk, st. Ivanova, village Far Eastern Higher Combined Arms Command School named after Marshal of the Soviet Union K. Rokossovsky, Amur Region,

Peculiarities of dismissal of a contract serviceman at his own request

Contract service implies the conclusion between both parties - the serviceman and his superiors - of certain obligations that the military citizen undertakes to fulfill under certain conditions, to a certain extent, in accordance with the law.

For its part, the command fulfills its obligations to its subordinates. Such relations can be terminated only on the basis of violations of the terms of the contract committed by one of the parties.

In a situation where a contract employee in the country's armed forces wants to resign of his own free will, he will need good reasons for this.

A contract worker simply cannot resign, basing the text of his report solely on his own desire.

The presence of compelling reasons is one of the conditions of the Federal Law in relation to citizens liable for military service - clause 6 of Art. 51, as well as the Regulations regarding the procedure for military service, which was approved by Presidential Decree No. 1237 of September 16, 1999.

Who cannot claim payments under a contractual service agreement

The authorities may refuse to submit a report, citing legislative norms and prohibitions on additional payments that are not regulated by the legislative framework of the Russian Federation.

The following categories of military personnel are not entitled to financial assistance:

when sending a contract soldier by order of the highest military command to undergo training at a specialized higher educational institution, to improve the level of skill and qualifications of the serviceman, subject to a training period of no more than 12 months in total;
after completing training, the serviceman returns to his old unit;
premature re-registration of a serviceman before signing a contract for service; if the order is violated, assistance from the state is not provided;
soldiers undergoing military service in the Russian Federation are not included in the group for providing material assistance;
upon disbandment of a military unit to which a contract serviceman was previously sent;
the military man was fired immediately upon arrival;
in the case of receiving a lifting allowance, but was forced to move to another place, in this situation the re-calculation of the payment of material benefits is not provided for by law.

Grounds under the law again

Back in 1998, Law No. 53 on military service was adopted. Its 51st article describes the grounds for dismissal:

reaching the age limit and length of service (25 years of work experience or 12.5 years of military service);
expiration of the contract;
deterioration of health (confirmed by doctors);
deprivation of rank;
loss of trust;
criminal record (confirmed by verdict);
expulsion from a military university or school;
entry into parliamentary office;
termination of Russian citizenship or acquisition of foreign citizenship;
reduction in staff or numbers; transfer to service in the police, Ministry of Emergency Situations, state drug control or customs;
breach of contract;
transfer to the federal civil service;
refusal to undergo a medical examination for the presence of drugs or metabolites in the blood.