Resign from the army of your own free will - 111 tips from lawyers and lawyers

Can a soldier or officer resign from the RF Armed Forces at his own request?

Military service can be carried out under contract and conscription. In both cases, Federal Law No. 53 specifies clear rules for dismissal at will. This can only happen for special reasons .

to leave the army during military service . To do this, a person must have compelling reasons that do not allow him to continue to be in the ranks of the RF Armed Forces.

for contract workers here. Decree of the President of the Russian Federation dated September 16, 1999 No. 1237 stipulates of a contract serviceman at his own request There must also be objective reasons for this.

Important! When a serviceman is discharged, he is required to undergo periodic military training to maintain qualifications in his main military specialty.
The exception is citizens who have reached old age and are deregistered.

When does a conscript soldier become eligible for discharge?

The term of conscription service is 12 months, and the start date of service is set on the day the conscript is awarded the military rank of private. A soldier receives the right to dismissal on the day when he is excluded from the unit’s lists based on the order of the commander. As a rule, this number coincides with the date the conscript received the rank of private.

The procedure for dismissal from the army is prescribed by law. No one is forcibly detained in the RF Armed Forces, and dismissal is possible for various reasons. If there are several grounds, the military must choose one. It makes the most sense to get a settlement in such a way that you retain your rights to all payments and benefits.

Service in the Armed Forces of the Russian Federation is a type of activity associated with certain characteristics. Once the contract is signed, it will not be so easy to quit. There must be good reasons for this.

Reasons for dismissal that are considered valid

According to paragraphs 3, 4 and 6 of Article 51 of Federal Law No. 53 of March 23, 1998, the following are considered valid grounds for the dismissal of a contract serviceman from the RF Armed Forces:

A health condition that interferes with the performance of one's duties. To prove this, the serviceman must undergo a military medical commission and provide a conclusion on its results to the command of the unit.
Moving to another place of residence of close relatives, namely wife and children. This must happen for objective reasons. Otherwise, the circumstance will not be considered valid. A move can be made to improve living conditions after the birth of a child if there are no normal conditions for raising him at the place of service.
The poor health of one of the close relatives and the need for constant care. In order to prove the reality of this fact, the unit command will need to provide a medical and sanitary examination report.
When transferred to another duty station, the serviceman was demoted in rank or position.
Frequent violations of contract clauses by command staff.
The proposed position does not correspond to the military specialty acquired by the serviceman.
When moving to work in government agencies.
Carrying out organizational activities in the military unit.
When elected to elected bodies of state power.

When serving under conscription, valid reasons for dismissal from military service are considered to be the presence of children under guardianship who have not reached the age of majority , assignment to a soldier of the status of a single father , and the presence of more than 2 children the age of 3 years .

A valid reason for early departure from the Russian armed forces is considered to be obtaining citizenship of another state , electing a person to elected bodies , or working in government bodies .

Dismissal from contract service at your own request

Military personnel receive a special status in Russia. They have access to various benefits and indulgences. However, this same status imposes some restrictions on them. In Federal legislation there is no concept of “Dismissal of a military personnel at his own request.” To terminate a contract early, the military must prove that he a good reason for doing so .

The difficulty of leaving military service at will is due to the fact that the state spends a lot of money on training specialists in this field. Therefore, the Ministry of Defense is interested in long-term cooperation with people.

Dismissal of conscripts on personal initiative

It is very difficult for persons undergoing military service to leave the army of their own free will. For this there must be reasons that do not allow the person to continue to serve in military service. The list of these circumstances is spelled out in detail in paragraph 4 and paragraphs. “b” - “d” Article 24 of Federal Law No. 53 “On Military Duty and Military Service”:

The conscript is the only person who has the legal right to care for a close relative who is in poor health.
Guardianship of a sibling who has not reached the age of majority is required .
The need to raise your child , who is left without a mother .
The birth of a second child during conscription service.
The need a disabled child under 3 years of age . This rule applies if the child is recognized as disabled during service.

Any of the above reasons will be considered in detail by the unit command . If a person could not prove the presence of any circumstances that prevent further participation in the army, the authorities may respond negatively to the submitted report.

Reference! If the conscript decides to prove his case in court, during the trial of the case, special attention will be paid to exactly how the report submitted to the command was drawn up.

Are there any benefits when leaving the Russian Armed Forces?

Military personnel forced into the reserve are entitled to a number of benefits. They can count on a cash bonus to pension payments for long service or service to the state. Former military personnel are provided with a plot of land for building a house or ready-made real estate, the area of which is influenced by the number of family members.

The housing issue is resolved individually based on the provisions of the current program. If approved, part of the property tax is paid from the state budget.

With continuous service of more than 20 years, former officers can count on medical benefits. If the reason for dismissal was poor health, the former contract employee is paid an insurance payment in a certain amount (for disabled people: group I - 1.5 million rubles, group II - 1 million rubles, group III - 500 thousand rubles).

If a working disability group is assigned, military personnel are allocated vacancies for further employment.

According to current legislation, a citizen in military service can terminate a contract on his own initiative. But for this, the commission must be provided with objective reasons. The resignation of an employee must take place in the established sequence and not violate the law.

What documents are used to formalize dismissal?

When dismissing military personnel before the end of the contract or military service, the person must submit a report , where it is necessary to explain in detail what circumstances influenced his decision.

Further, depending on the specific reason, you will need to attach the following documents to the report:

conclusion of medical commissions;
acts confirming the unsuitability for habitation of the premises where the serviceman lives with his family;
certificates from various government agencies that can confirm the accuracy of a particular fact;
petitions from various organizations;
confirmation of a person's of foreign citizenship .

Attention! Before submitting documents and reports, it is recommended to make copies of them.

“Service is expedient”

Alexander Peredruk , a lawyer for the human rights organization “Soldiers’ Mothers of St. Petersburg,” told Takim Dela , the situation in which Yegor and Victor found themselves is not unique. Officers with similar stories regularly turn to Soldiers' Mothers. The fact is that now students of military higher educational institutions sign contracts to serve in the armed forces in their second year of study. According to these documents, students undertake to remain in military service for the duration of their studies, as well as for another five years after graduation. Moreover, unlike a civilian employment contract, a military contract cannot be terminated at the request of the officer who concluded it without compelling reasons. These include, for example, poor health or the need to care for close relatives.

“The big problem is that the military personnel who enter into contracts don’t really understand, don’t really think ahead,” says Peredruk. “Many people have the illusion that they can leave military service at any time of their own free will, but, unfortunately, this is not the case.”

Faced with the need to leave military service before the end of the contract, the military resorts to various tactics to achieve what they want, but their attempts are not always successful. One of these tactics is to open an individual entrepreneur in one’s name, since military personnel are prohibited from conducting business activities. Many military personnel take this route, including because, unlike absence from a military unit for more than 10 days, there is no criminal penalty for this.

“A serviceman who himself violated the terms of the contract may indeed be subject to dismissal, but this circumstance remains at the discretion of the command of the military unit. If they consider that a violation of the terms of the contract has resulted in a situation that does not allow the person to continue military service, then the officer can be dismissed, and if not, then he will continue to serve even against his own desire,” explains Peredruk.

The lawyer’s words are confirmed by the development of the situation of Victor and Yegor, who turned to the media, desperate to get the contract terminated by appealing to the command. The editors have at their disposal documents confirming that the military units where lieutenants serve are aware of their business activities. However, as follows from the decision of the first certification commission on Yegor Glambotsky, he still corresponds to the position he holds. “It is advisable to continue serving in the ranks of the RF Armed Forces,” the conclusion reads. The second commission nominated Lieutenant Glambocki for dismissal, but this decision is also not final yet.

They also know in the military unit that in Yegor’s case, the individual entrepreneur is not a fictitious cover for dismissal, but a real legal entity that carries out orders for web design. “Many people create fictitious individual entrepreneurs and transfer money through third-party means, through friends or some other way,” says Egor. “If this is later revealed, it is considered a forgery of documents.” I provided all my work contracts to the military prosecutor’s office, because I really provide services and engage in entrepreneurial activities, and did not just start [an individual entrepreneur] to quit.”

Dismissal procedure

The dismissal of a serviceman is carried out in the following sequence:

A report is submitted to the unit commander. The reasons why a person decides to leave the army, as well as documents that can confirm them, should be described in detail here.
An attestation commission is being created . It includes the commanders of the units under whom the person served and military lawyers, if there are any on the unit’s staff.
The report is reviewed for 30 days . During this time, the commission must review the provided papers and conclude whether the person has sufficient grounds for early termination of service.
After reviewing the documents, the commission makes a positive or negative decision , which must be immediately notified to the serviceman. If the request is granted, the regiment's personnel department begins to prepare a dismissal order.
After termination of employment in the RF Armed Forces, the person will be excluded from the lists of the unit , and his personal file will be transferred to the military registration and enlistment office. The former serviceman will be given an extract from the order and a military ID.

All reports of dismissal are considered on an individual basis. A person can legally be forced to serve a certain period of time before terminating .

If the procedure is delayed for illegal reasons, the military may go to court .

How to write a report correctly?

The desire to terminate service in the Armed Forces of the Russian Federation, according to the law, must be formalized in the form of a report in writing. It is submitted to the officer or commander who is responsible for personnel records management.

The report is analogous to the application that civilians submit when they want to resign from their place of employment. The Disciplinary Charter of the Armed Forces of the Russian Federation (Article 106) contains requirements for drawing up a report.

The document has a free form, no specific template is provided, but it must contain the following information:

personal information about the person leaving;
information about the officer or commander of a military unit who deals with personnel issues;
request for early dismissal;
the reasons on which military service is terminated (it is advisable to indicate two circumstances);
a request to consider the report by the commission;
a request to undergo a medical examination or refusal of it;
request to transfer your personal file to the military registration and enlistment office;
list of required documents;
date and signature.

One copy must remain with the serviceman. In the future, it can serve as evidence if the commander refuses to hand over the report to the commission.

Dear readers! To solve your problem right now, get a free consultation

— contact the duty lawyer in the online chat on the right or call: +7 Moscow and region.
+7 St. Petersburg and region. 8 Other regions of the Russian Federation You will not need to waste your time and nerves
- an experienced lawyer will take care of all your problems!

Payments due to dismissal

Issues of monetary payments to military personnel are regulated by Law No. 306-FZ of November 7, 2011. Specific amounts of compensation, depending on various circumstances, are prescribed in Order No. 2700 of the Ministry of Defense of the Russian Federation.

Upon termination of activity in the Armed Forces, a settlement is made with the serviceman based on the days actually worked, that is, payment of wages, as well as compensation for unused vacation. In addition, the military may qualify for some additional payments:

One-time benefit. It is paid depending on the person’s military experience. It can range from 2 to 7 standard salaries .
Premium payments . Their maximum amount is 25% of salary .
Material aid . Equal to monthly salary .
Payment for unused material allowance . 40% of the required salary if the person served less than 15 years and up to 3% of the salary for each year in excess of this figure.

If a person stops working in the ranks of the RF Armed Forces after receiving injuries and wounds in the service, he is provided with separate payments. For persons serving on a contract basis - 2 million rubles , and for conscription - 1 million rubles .

The amount of benefits upon dismissal for health reasons is influenced by length of service :

if a soldier has worked for less than 10 years, he will be paid 5 monthly salaries;
from 10 to 15 years – 10 salaries;
from 15 to 20 years – 15 salaries;
more than 20 years – 20 salaries.

The final amount of payments is influenced by the rank position held , as well as length of service. Payments are calculated after the military personnel a report .

Important! Do not forget that the above monetary compensations are paid only if the part of the person’s dismissal of his own free will is agreed with the command. If a serviceman is fired due to his violation of labor discipline, no payments are provided for him.

"Not the best solution"

Victor Dey and Yegor Glambotsky were classmates while studying at the Moscow Military Academy of Strategic Missile Forces named after Peter the Great. According to Victor, by the time he entered the academy, he was seriously planning to connect his life with the army and hoped, after training, to serve in remote regions of Russia, “but then he somehow saw enough of all this, and even discovered himself in something else (Victor is now engaged in advertising. - Note TD).” Egor experienced a similar disappointment, who by the fourth year was convinced that he did not want to remain in the army, and already in the fifth year he began working as a web designer.

“In the fourth year, some doubts already appeared, and just between the fourth and fifth years I came across advertising specifically, and the first works appeared. Already in the fifth year, as soon as we arrived, we realized that we could not serve further and that we were much more interested in design and advertising,” says Day.

At that time, Victor and Yegor no longer lived in the barracks, but in a dormitory on the territory of the academy and could freely use personal computers, with the help of which they performed remote work, which brought them a stable income. It was then that they thought about leaving the university and breaking their contract. According to Victor, they were persuaded to finish their studies, although, Yegor admits, it was somewhat easier to leave the academy than later leave the military unit.

“Everyone said that if you want to quit, it’s easier to do it at the academy than later. But we decided to get a diploma. Although now I understand that it was probably not the best decision,” says Glambotsky.

This is important to know: The founder’s decision to dismiss the director: sample 2021

After graduating in the summer of this year, they were assigned to different military units - in the Kirov and Sverdlovsk regions, where they immediately declared their desire to terminate their contracts, but faced the same problems. They refused to fire them even though the lieutenants do not refuse to return to the state the funds spent on their training.