Reason to be out of state. Is it obligated, when available, to go to shooting practice classes and perform exercises

"Power ministries and departments: accounting and taxation", 2007, N 10

Sometimes military personnel, for certain reasons, cannot retire from military service, for example, they do not have the required calendar length of service, which entitles them to housing. In this case, one of the solutions may be to enlist the serviceman at the disposal of the commander (chief). The article considers the procedure for this enrollment, as well as the features of the payment of monetary allowances to such military personnel and the guarantees provided by them by law.

The procedure for enlisting military personnel at the disposal of the commander

The main document regulating the procedure for placing military personnel at the disposal of the commander is Federal Law No. 53-FZ of March 28, 1998 "On Military Duty and Military Service" (hereinafter referred to as Federal Law No. 53-FZ). In accordance with it, a soldier performs military service in a military position. An exception is made for military personnel enlisted at the disposal of the commander on the grounds given in paragraph 4 of Art. 42 of the Federal Law N 53-FZ. At the same time, the Law does not disclose what is considered to be the enlistment of a serviceman at the disposal of the commander, and the list of grounds presented in it is not final, and it can be expanded by other legislative acts.

In particular, such a document as Decree of the President of the Russian Federation of September 16, 1999 N 1237 "Issues of military service", which approved the Regulations on the procedure for military service (hereinafter - the Regulations on military service). It defines the enlistment of a serviceman at the disposal of the commander and a wider list of conditions for such enrollment in comparison with that presented in the said article of the Federal Law N 53-FZ. Based on paragraph 1 of Art. 13 of the Regulations on military service to resolve issues of further military service, military personnel undergoing military service under a contract can be placed at the disposal, as a rule, of the nearest direct commander (chief) who has the right to issue orders, an official who has the right to appoint a military post , which is replaced by the specified soldier.

Also, the Regulations on military service define the terms for which a serviceman is enrolled at the disposal of the commander:

a) in case of release from a military position (position) - no more than three months;

b) in case of dismissal from a military position (position) in connection with organizational and staff activities - no more than six months;

c) in connection with the initiation of a criminal case against a serviceman - until a decision is made on the criminal case. One of the conditions for the removal of a serviceman from office is the commission of an act that falls under the signs of a crime (within the framework of criminal procedure). As defined by Art. 114 of the Code of Criminal Procedure of the Russian Federation, it is carried out on the basis of a petition made by an investigator of the military prosecutor's office to remove from office in order to ensure the order of criminal proceedings, the proper execution of a sentence by an investigator of the military prosecutor's office when a serviceman is involved as a suspect or accused. The petition is submitted to a judge who, within 48 hours, issues an order determining the suspension or denial of the serviceman. According to paragraphs. "in" paragraph 2 of Art. 13 of the Regulations on military service, the execution of a court decision on the removal of a serviceman from office is carried out, as a rule, not on the basis of an order to remove him from office, but by releasing him from office and placing him at the disposal of the commander until the court makes a decision. However, based on paragraph 1 of Art. 13 of the Regulations on military service, the execution of the named subparagraph is the right, and not the obligation of the commander - he has the right to issue an order for the temporary removal of a serviceman from his post.

What can be a way out of this situation for a soldier? In accordance with Art. 114 of the Code of Criminal Procedure of the Russian Federation, removal from office is canceled if this is not necessary. After that, the previously issued order on the temporary removal of a serviceman from office is recognized as invalid;

d) in connection with the recognition of a serviceman who is undergoing inpatient treatment as unfit for military service - until the end of inpatient treatment (the period of release from the performance of duties in a military position necessary for formalizing the dismissal), but not more than for the period established by the Regulations on military medical expertise, approved Decree Government of the Russian Federation dated February 25, 2003 N 123 (hereinafter - the Regulations on the military medical examination). Based on paragraph 34 of this Regulation in relation to a serviceman declared unfit for military service, the military medical commission issues a conclusion on the need to grant release before the serviceman is excluded from the lists of personnel of the military unit;

e) in connection with the transfer from the Armed Forces of the Russian Federation to the federal executive body, which provides for military service, and vice versa, as well as from one federal executive body, which provides for military service, to another - for no more than three months;

f) in connection with an unknown absence for more than one month - until the return of the serviceman to military unit(unless another decision has been made on his further military service) or until the date of entry into force (inclusive) of a court decision on declaring him missing or declaring him dead;

g) in connection with the fact that a serviceman is in captivity, as a hostage or interned - until his release;

h) in the event of the disbandment of a military unit and, in connection with this, a reduction in the military position, which was occupied by a female military serviceman who is on maternity leave or parental leave, until the end of this leave;

i) if it is impossible to timely exclude a serviceman dismissed from military service from the lists of personnel of a military unit in the cases provided for in paragraph 11 of Art. 38 of the Federal Law N 53-FZ and the Regulations on military service, - until its exclusion.

For military personnel placed at the disposal of the commander (chief), in accordance with the Instruction on the organization of military service by officers and warrant officers (midshipmen) in the Armed Forces Russian Federation, approved by Order of the Ministry of Defense of Russia dated September 30, 2002 N 350, a submission is drawn up in the approved form, which is sent through the personnel authorities of institutions subordinate to federal executive authorities in which military service is provided for by federal law, to the relevant officials. In addition to the presentation, send:

• a copy of the attestation sheet (when appointed to a military position in the order of a planned replacement);
• personal file and other documents (if the need for their submission is established by a higher personnel authority);
• report of a serviceman on agreement with the appointment - in case of appointment to a higher military position or to a lower military position (in connection with organizational and staffing measures, for family reasons, for health reasons in accordance with the conclusion of the military medical commission or at the personal request of a serviceman).

In the institutions of law enforcement agencies, departmental normative documents are issued that regulate both the procedure for placing military personnel at the disposal of the commander and the payment of monetary allowances to such military personnel. for example, in the FSB of Russia this is Order N 367<1>, in the Ministry of Internal Affairs of Russia - Order N 680<2>, in the FSO of Russia - Order N 121<3>. Taking into account that these Orders are almost identical, let us consider the procedure for enrolling a serviceman at the disposal of the commander in the bodies of the FSB of Russia.

<1>Order of the FSB of Russia dated June 25, 2005 N 367 "On the approval of the Procedure for the payment of monetary allowances to military personnel of the federal service security, undergoing military service under a contract, enlisted at the disposal of the head (chief).
<2>Order of the Ministry of Internal Affairs of Russia dated October 25, 2004 N 680 "On approval of the Instructions on the procedure for paying monetary allowances to military personnel internal troops Ministry of Internal Affairs of Russia, performing military service under a contract, enlisted at the disposal of the commander (chief).
<3>Order of the FSO of Russia dated April 14, 2005 N 121 "On the Procedure for Providing Monetary Allowances to Military Personnel of Federal State Security Bodies Under Contract, Enlisted at the Commander's (Chief's) Order".

Depending on the conditions of this enrollment, provided for in Art. 13 of the Regulations on military service, the FSB of Russia establishes the terms during which it is carried out. Thus, the enlistment of a serviceman at the disposal of the commander is carried out:

• in case of dismissal from a military post, as well as in connection with organizational and regular activities, initiation of a criminal case, with transfer from the Armed Forces of the Russian Federation to an institution law enforcement agency and vice versa, as well as from one federal executive body, which provides for military service, to another, if it is not possible to timely exclude a serviceman dismissed from military service from the lists of personnel of a military unit - from the day following the day of completion of the delivery of cases and positions ;
• in connection with the recognition of a serviceman who is undergoing inpatient treatment, unfit for military service - until the end of inpatient treatment (the period of release from the performance of duties in a military position, necessary for processing the dismissal), but not more than for the period established by the Regulations on military medical examination ;
• in connection with the absence of a missing person for more than one month, as well as with the presence of a soldier in captivity, as a hostage or internee - from the date from which the military personnel, in accordance with the order of the security agency, are considered missing, being in captivity, as hostages or interned;
• in the event of the disbandment of a military unit and, in connection with this, the reduction of the military position, which was occupied by a female soldier who is on maternity leave or parental leave, from the day following the day of reform (abolition) of the security body;
• graduated from a military educational institution, postgraduate course, military doctoral studies and appointed to military positions to be filled by persons with the necessary level of education and provided for by the corresponding list of military positions - from the day following the day of signing the order on graduation from a military educational institution.

Let's turn to judicial practice application of the Regulations on military service to military personnel enlisted at the disposal of the commander - Decision of the Military Collegium of the Armed Forces of the Russian Federation dated March 9, 2005 N VKPI04-132. The Supreme Court of the Russian Federation considered the application of a citizen who asked to recognize the norms of this Regulation as contrary to the Constitution of the Russian Federation, as well as other legislative acts. In his opinion, the above-mentioned norms governing the procedure for enlisting retired military personnel at the disposal of the commander deprive them of various rights and benefits provided for by the legislation on military duty and military service, hinder the exercise of the right to a free choice of type of activity and profession, restrict the rights on housing and violate constitutional principle equality of human rights and freedoms.

Having considered the application, the Supreme Court of the Russian Federation did not find grounds for satisfying the requirements.

From the content of paragraphs. "and" paragraph 2 of Art. 13 of the Regulations on military service, it is seen that the enrollment of a military serviceman who is doing military service under a contract at the disposal of the commander is allowed if it is impossible to timely exclude a serviceman dismissed from military service from the lists of personnel of a military unit in cases provided for in paragraph 11 of Art. 38 of the Federal Law N 53-FZ and the Regulations on military service, until its exclusion. At the same time, a serviceman dismissed from military service, on the day of exclusion from the lists of personnel of the military unit, must be fully provided with the established monetary allowance, food and clothing. Before carrying out all the necessary calculations with the serviceman, he is not excluded from the lists of personnel of the military unit without his consent.

A serviceman dismissed from military service 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 day of the expiration of his military service) and no later than one month from the date of receipt by the military unit of an extract from an order for the dismissal of a soldier from military service. Consequently, Federal Law No. 53-FZ and the Regulations on Military Service cannot be regarded as violating the applicant's constitutional rights.

In addition, the applicant's enrollment at the disposal of the commander was due to the fact that, in accordance with Art. Art. 15, 23 of the Federal Law of 05.27.1998 N 76-FZ "On the Status of Military Personnel" (hereinafter - Federal Law N 76-FZ), in order to be dismissed from military service for health reasons, a soldier who has served 10 or more years and needs housing must give their consent to dismissal without providing housing, leaving it on the waiting list for housing at the place of service. The applicant did not give such consent, which was the reason for his enrollment at the disposal of the unit commander.

Payment of allowance

Summarizing the norms of the legislation of the Russian Federation on payments to military personnel enlisted at the disposal of the commander, we note that they are paid monetary allowances in other amounts, which differ from the payments provided for military personnel serving under a contract and filling military positions.

Consider the features of receiving monetary allowances for military personnel established by Order of the FSO of Russia N 121. The list of payments due to military personnel serving under a contract, placed at the disposal of the commander, is given in paragraph 1 of the Procedure for the payment of monetary allowances to military personnel of the FSO, approved by this Order. This list is not closed and may include other additional payments in addition to those indicated. In particular, FSO servicemen are paid:

a) the salary for a military position received by a serviceman before being placed at the disposal of the commander;

b) salary according to military rank;

c) percentage bonus for years of service. It is given in Decree of the Government of the Russian Federation of July 14, 2000 N 524 "On separate payments to military personnel and members of their families." Its size ranges from 5 to 70% of the salary of a serviceman;

d) a monthly allowance for the complexity, intensity and special regime of military service in the amount of 50% of the salary for a military position received before being placed at the disposal of the commander. It is worth noting that in relation to military personnel serving under a contract and filling military positions, the payment of this allowance is made in amounts of up to 120% in accordance with the norms of Federal Law N 76-FZ. In addition, it is paid in an increased amount to individual employees of the federal executive authorities, in which the federal law provides for military service, serving (military service under the contract) in Moscow and St. Petersburg, Moscow and Leningrad regions, in order to reimburse the actual costs of travel on all types of public transport urban, suburban and local transport (excluding taxis), payment of land tax and property taxes individuals(Decree of the Government of the Russian Federation of January 31, 2005 N 47 "On increasing the amount of the monthly allowance for the complexity, intensity and special regime of service (military service) certain categories employees and military personnel undergoing military service under the contract");

e) a monthly monetary incentive in the amount of one salary for the last military position held. Main normative document providing for the payment of monetary incentives is Decree of the President of the Russian Federation of February 18, 2005 N 177;

f) knowledge bonus foreign language. According to paragraph 5 of Decree of the Government of the Russian Federation of 01.27.1993 N 65 "On streamlining the payment of monetary allowances to military personnel, private and commanding personnel of internal affairs bodies, the State Fire Service, employees of the penitentiary system and strengthening their social protection"The size of the allowance cannot exceed 20% of the salary for a military position;

g) an allowance for an academic title and degree. It is given in clause 6.1 of Art. 13 of Federal Law N 76-FZ and is established for official salaries in the following amounts:

• 40% for the position of associate professor;
• 60% for a professorship;
• 3000 rub. for the degree of Candidate of Sciences;
• 7000 rub. for the degree of Doctor of Science.

h) allowance for military personnel awarded with the badge "Honorary Officer of the Federal Security Service of Russia", "Honorary Officer of Counterintelligence", "Honorary Officer of Federal Government Communications and Information", "Honorary Officer of Special Communications of Russia", "Honorary Officer of State Security" or "Honorary Officer of State Security ".

As already mentioned, in addition to the stipulated payments, military personnel may receive other additional payments. The main condition for their receipt by military personnel enlisted at the disposal of the commander is the presence in the regulatory legislative acts of the federal executive authorities additional payments military personnel in the event that they perform military service not in military positions. These include, for example, the payment of travel expenses in the event of sending military personnel to business trips, compensation payments in return for food rations, for hiring (sub-leasing) residential premises, for sanatorium treatment.

In addition to enrolling a serviceman at the disposal of the commander, he may be admitted to the temporary performance of duties in a vacant military position in accordance with Art. 12 Regulations on military service. At the same time, the composition of the monetary allowance paid to him is similar to that discussed above, with the exception of the salary for a military position, since in this case he receives a salary for a temporary military position.

When a serviceman doing military service under a contract, placed at the disposal of the commander in the regions of the Far North, areas equated to them and other areas with adverse climatic or environmental conditions, including remote ones, is found, coefficients are established for his monetary allowance (district, for military service in mountainous regions, for military service in desert and waterless areas) and are paid percentage bonuses to monetary allowance in the amount and in the manner established by federal laws and other regulatory legal acts RF for citizens working and living in the specified areas and localities.

Please note: for servicemen who are provided with full monetary allowance in the current month for their full-time military position, but who are subsequently placed at the disposal of the commander before the date of payment of the specified monetary allowance, the recalculation of monetary allowance is not made (paragraph 4 of Order FSO N 121).

A. Kanterovsky

Journal Expert

Power ministries and departments:

accounting and taxation"

Hello! given here general description these issues http://www.lawmix.ru/comm/3815 these issues are regulated by a presidential decree - Decree of the President of the Russian Federation of September 16, 1999 N 1237 Issues of military service

In accordance with Art. 13 of the Regulations on the procedure for passing military service (hereinafter referred to as the Regulations), in order to resolve issues of further military service, military personnel undergoing military service under a contract can be placed at the disposal, as a rule, of the nearest direct commander (chief) who has the right to issue orders, an official who have the right to be appointed to a military position, which is occupied by the specified serviceman. Main Feature legal status of a serviceman at his disposal is his military service not in a military position, which entails certain legal consequences related to the performance of military service duties, the payment of monetary allowance, and the assignment of military ranks.

Article 13

1. To resolve issues of further military service, military personnel serving under a contract may be placed at the disposal, as a rule, of the nearest direct commander (chief), who has the right to issue orders, by an official who has the right to appoint to a military position, which he replaces specified soldier. 2. The enrollment of a serviceman who is doing military service under a contract at the disposal of the commander (chief) is allowed in the following cases and for the following periods: a) in case of release from a military position (position) - for no more than three months; b) in case of dismissal from a military position (position) in connection with organizational and staff activities - no more than six months; c) in connection with the initiation of a criminal case against a serviceman - until a decision is made on the criminal case; d) in connection with the recognition of a serviceman who is undergoing inpatient treatment as unfit for military service - until the end of inpatient treatment (the period of release from the performance of duties in a military position necessary for formalizing the dismissal), but not more than for the period established by the Regulations on Military - medical expertise; e) in connection with the transfer from the Armed Forces of the Russian Federation to the federal executive body, which provides for military service, and vice versa, as well as from one federal executive body, which provides for military service, to another - for no more than three months ; f) in connection with the missing person for more than one month - until the return of the serviceman to the military unit (unless a different decision has been made on his further military service) or until the date of entry into force (inclusive) of the court decision declaring him missing or declaring deceased; g) in connection with the fact that a serviceman is in captivity, as a hostage or interned - until his release; h) in the event of the disbandment of a military unit and, in connection with this, a reduction in the military position, which was occupied by a female military serviceman who is on maternity leave or parental leave, until the end of this leave; GUARANTOR: By the decision of the Supreme Court of the Russian Federation of March 9, 2005 N VKPI04-132, left unchanged by the Determination of the Cassation Board of the Supreme Court of the Russian Federation of June 2, 2005 N KAS05-218, subparagraph "i" of paragraph 2 of Article 13 of this Regulation is recognized as not contradictory current legislation i) if it is impossible to timely exclude a serviceman dismissed from military service from the lists of personnel of a military unit in cases provided for federal law and this Regulation, - until its exclusion. 3. A serviceman, in respect of whom detention has been applied as a preventive measure, shall be placed at the disposal of the commander (chief) from the day of detention.

The enlistment of a serviceman at the disposal is carried out by an order on personnel, which is issued by an official who has the right to appoint to the military position in which the specified serviceman is located. Powers officials of the Armed Forces of the Russian Federation for the appointment of military personnel to military positions and enlistment are determined by the Order of the Minister of Defense of the Russian Federation "On the powers of officials of the Armed Forces of the Russian Federation to appoint officers and warrant officers (warrant officers) to military positions, to release them from military positions, to dismiss them from the military service and the assignment of military ranks to them "2002 N 110.

the issue of notifications in these orders, unfortunately, is not considered and not indicated, specifically in relation to this situation

Currently, the army is going through a difficult period of reorganization, during which the structure of the RF Armed Forces is changing. In this regard, the positions of military personnel under the contract are being reduced, they are temporarily placed at the disposal of the command. Optimization and creation of a new job hierarchy leads to the release of a certain number of military personnel. The dismissal of an employee under the contract is impossible without the provision of residential space in the property. Citizens are forced to serve for a certain time, waiting for the solution of their problems, without occupying the position due to their rank.

Features of monetary allowance

Usually the salary of a soldier consists of a salary for the rank and a salary for the position held. In addition, the warrior receives additional payments, which are differentiated depending on many factors, which is a significant material bonus. In the case when the employee is at the disposal of the boss, the payments are calculated in a slightly different way. A soldier receives the following monthly payments:

Salary for the title;
salary for the previous position;
percentage bonus for seniority;
in addition one more salary for the position held earlier;
special allowances for special and difficult working conditions;
A lump sum bonus is paid for conscientious attitude to their duties.

The percentage increase in salary for employees who are at the disposal of the commander, depending on the length of service, is 5 - 70% of the official salary. The monthly allowance for special working conditions can reach 50% of the salary in the last position. A one-time bonus is paid at the end of the year, is three official salaries and does not depend on the status of the military. The bonus may be reduced or canceled by the commander for and administrative violations.

Preparation for dismissal should take no more than one year. During this period the serviceman must conscientiously carry out the instructions of the commander, otherwise he may be dismissed under the article for non-compliance with the contract. During this period, the commander is obliged to decide on the further extension of the contract. If, after the next certification, a decision is made to terminate the contract, then a commission is assembled, and an order is drawn up for further actions. The commander conducts a conversation with the dismissed person, an official protocol is filled out, which must be signed by the serviceman.

Being at the disposal, a serviceman has the right to improve his qualifications and acquire a new military specialty. When resigning from the OSHM, the serviceman retains all the lump sum payments. Financial division, having received the order of the commander about subsequent dismissal employee, within a month is obliged to make a full calculation of upcoming payments. Lump sum consists of two salaries at the last place of service, if the citizen serves less than 20 years. If the length of service is equal to or more than 20 years, then the dismissed person will receive seven salaries.

In addition, the serviceman is entitled to bonus payments in connection with his awards and thanks noted in his personal file. It should be noted that the disposal cannot be completed before the citizen receives a housing certificate. The exclusion of a serviceman from the list of personnel is prohibited by law until a full monetary settlement is made. If these basic provisions are not observed, the soldier will be reinstated in the service by a military court.

The duties of a soldier in military service and at disposal (behind the state) are a "dark forest" that can be learned for a very long time, but nothing can be realized. In today's article, we will try to analyze the main duties of a military man, what he has rights to and what he does not. We also pay attention to the laws that state this, as well as their application in practice.

Duties of a soldier in the service and at the disposal

Initially, you need divide the responsibilities into three various categories , which imply the specifics of duties and their importance:

General responsibilities;
Job responsibilities;
Special duties.

Take a close look the order in which the duties are arranged. Reading the article, you will understand why they are written that way and not otherwise.

1. Only the commander can give orders to a soldier .

This means that the nearest direct commander has the right to assign a military man to guard duty, to daily duty, and to give assignments.

2. After the removal of a soldier from the state, he is automatically removed official duties.

General duties are valid until the military is excluded from the lists of the unit.
Special duties are assigned as needed. That is, you can be assigned to combat duty, daily or garrison outfits when required. The number of special duties is regulated by the commander. For each military man, it varies, based on the combat and physical training of the fighter, as well as his qualities and characteristics.

3. Starting from the first day of transfer to the disposal, payments for work with information cease.

When interceding for daily or garrison outfits, the military undertakes to work with documents that are state secrets. The military at disposal does not have the rights to work with such documents, so he can be removed from the special duties mentioned above.

4. A military man at disposal does not have the right to step into the outfit.

Usually, those military men who, in terms of military position, are not lower than the company commander or are equal to the commander, enter the outfit. Based on this, it may be noted that the serviceman who is at the disposal does not have a position, respectively, he cannot enter the outfit.

5. Lack of rights to intercede on guard.

A military man at his disposal does not have the right to step into the guard, because usually at such a crucial moment one of the officers with a unit subordinate to him takes over the post. Also, a serviceman at his disposal does not have the right to a weapon (we will write about this below), and when stepping on guard, a weapon is mandatory.

6. Mandatory surrender of weapons at the command of the commander.

The commander without fail gives a command to the servicemen at the disposal (out of state) to hand over weapons to the warehouse. It is impossible to step into the outfit with someone else's weapons, as this may be illegal and there may be detrimental consequences when firing from a weapon that registered to another soldier.
Also, we have already mentioned above that special duties are rarely assigned to military personnel at their disposal, since they do not have a position, respectively, they do not have the right to enter the outfit.

7. Be sure to strictly observe the Constitution of the Russian Federation and the laws of the Russian Federation, the requirements of general military regulations, unquestioningly carry out the orders of commanders and follow all recommendations and instructions from higher officials.

8. Follow all instructions and observe discipline without violating the rights of other military personnel.

9. Follow a daily routine , which will be introduced in a certain training period.

The daily routine includes:

1. Timely build;
2. Lunch;
3. Planned retirement from military service.

Also, this item can be called observance of wartime, which is regulated by the commander.

10. Mandatory daily presence at the service.

According to the Disciplinary Charter of the Armed Forces of the Russian Federation, Appendix No. 7, paragraph 1, a gross violation of the rules is absence from service, military or officer, for more than four hours, the appointed time for conducting daily services. Many manage to keep the time spent in the service to a minimum and appear only for the morning formation and after dinner. For some companies, this rule works, but if every soldier does this, then no one will fulfill their duties, respectively, no one will work either.
Therefore, we strongly do not recommend "leaving" the service and trying to deceive the commander and more senior officials. Now this is punished, since it is a violation of the Disciplinary Regulations of the Armed Forces of the Russian Federation, Appendix No. 7, paragraph 1.

11. A serviceman is at disposal, is obliged to appear in the service at the allotted time and not violate the rule of ten.

Probably, many military personnel know what the "ten" rule is, which haunts many.
The "ten" rule means that a military man does not have the right not to appear on duty for more than ten days without important reasons justifying his absence. He may refer to the fact that he has health problems or some kind of family circumstances. But! Even if this is true, and not the usual unwillingness to work, then confirmation of the words is necessary. That is, the soldier must notify the commander that he fell ill, but upon arrival at the service, it is necessary to provide a certificate from the doctor, which will confirm the fact that the soldier really had an illness.
This is reminiscent of the doctor's note that many of us brought to school after a long absence. only if at school it was the norm, then in military service for a person who more than ten days was absent from the service, they can start a criminal case .
Let's talk about the fact How will the punishment be expressed?

1) Restriction in military service for a term of up to two years, or detention in a disciplinary military unit for a term of up to two years, or imprisonment for a term of up to three years;

2) Imprisonment for up to five years.

NOTE! The only thing that can save a soldier is ignorance of this item and absenteeism within a period of ten to thirty days for the first time and due to circumstances that have a good reason.

Punishment for non-compliance with general duties

According to the Decree of the Plenum of the Supreme Court of the Russian Federation No. 3 of April 3, 2008 “On the practice of considering by courts of criminal cases on evasion of conscription for military service and military or alternative civilian service”, paragraph 13, if a military man is serving poorly, appears every ten days (just here it is said about the game of "ten"), then he may be liable and he may be threatened with exclusion from military service for a certain period, specified and discussed by the court, and the commander. The term will depend on the severity of the misconduct of the serviceman at the disposal (out of state).
That is why you need to flawlessly fulfill your duties and not try to deceive anyone, despite the fact that officers and commanders are very busy, they first of all monitor how you carry out your duties. general duties. Always remember that you must answer for all actions and words, and in the military world - bear criminal and legal responsibility!

Based on the foregoing, it can be concluded that duties of a soldier , not so scary, and some sky-high. The main activities of the military:

1. Come to the morning building;
2. Appear at the service after dinner;
3. Perform general duties (which include discipline, and this is the morning building, lunch and general duties).

As you can see, the circle closes. If you ask: " What then is included in the general responsibilities ?", then the answer will be: "What the commander will appoint."
As they say: "Everything ingenious is simple!".

The most important thing is not to try to "dodge your duties", on the contrary - try to qualitatively fulfill the tasks assigned to you and please the commander. Thus, you can postpone the dismissal from the RF Armed Forces and pull the time at your disposal.

What payroll formula can be applied The simplest payroll formula includes only 3 points:

• salary amount;
• the number of days worked;
• income tax.

If we assume that the employee does not have to make any payments and does not receive any additional payments, then the salary is calculated as follows: 1. The salary is divided by the number of working days of the month, then multiplied by the number of days worked. 2. Income tax is deducted from the amount received (in Russia, personal income tax is 13%). Consider an example. The salary of an employee is 30,000 rubles. There are 23 working days in a working month. The employee took 3 days without pay to resolve personal issues, therefore, he worked 20 days in a month.

Salary Calculator

The payroll is as follows: 30,000 / 23 × 20 = 26,086.96 rubles (salary before personal income tax); 26,086.96 - 13% = 22,695.65 rubles (wages on hand). But in practice, such simple calculations almost never happen.
Employees are paid bonuses, allowances and compensation. Suppose an employee is paid a monthly bonus of 25% of the salary in addition to a salary of 30,000 rubles.
And he worked only 20 days instead of the prescribed 23 working days in a month. Then the calculation will look like this: Salary + bonus (30,000 + 7,500) = 37,500 rubles (salary per month); 37,500 / 23 × 20 \u003d 32,608.70 rubles (wages for hours worked without deducting personal income tax); 32,608.70 - 13% = 28,369.57 rubles (wages on hand).
In cases where an employee is entitled to a tax deduction, the tax amount is first calculated, and then it is deducted from the salary.

How is a soldier's salary calculated? settlement rules

The amount that is negotiated during employment is a salary (a fixed amount of wages). It will be displayed in employment contract. But how much an employee will receive on hand depends on many factors.

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• Income tax is deducted from the employee's funds, while the employer makes insurance contributions from his own funds.
• An employee can receive an advance.
• An employee may have obligations to pay alimony or other payments under writ of execution.
• Allowances, coefficients may be applied to the employee's salary, bonuses and other additional payments may be accrued to him.

All these factors either increase the salary on hand, or reduce it. Forgetting about them, it is impossible to correctly calculate the amount to be paid.

out-of-state soldier

There may be several reasons for the withdrawal of the military from the state:

• Exemption from a military post due to its reduction.
• Suspension from office in connection with the imposition of disciplinary punishment, including demotion military rank.
• Initiation of a criminal case with the simultaneous removal of the military from all official duties.
• Recognition limited fit for military service.
• An unknown (long) absence from a regular place due to either a serious illness (injury) or being on maternity leave.
• In connection with being in captivity.

Mostly the transfer for the state is associated with the inability to perform official duties for one reason or another.

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Important

For example, the salary is 30,000 rubles. The worker worked all day. He is entitled to a tax deduction of 800 rubles.

Attention

The calculation will look like this: 30,000 - 800 \u003d 29,200 × 13% \u003d 3,796 rubles (personal income tax after applying the tax deduction); 30,000 - 3,796 \u003d 26,200 rubles (wages in hand). Payroll can seem like a daunting task. But it is worth understanding its algorithm once, and there will be no problems during the next calculation.

Influence of the district coefficient on the size of wages In regions where working conditions are considered special due to climatic conditions, terrain or increased background radiation, the district coefficient is charged on the salaries of workers. It should not be confused with the northern allowances for End Server workers.

The area of ​​application of the regional coefficient is much wider. The size of the coefficient is set by the Government of the Russian Federation specifically for each region.

Military Pay Calculator

Currently, quite a lot of guys who have served in the army go on to serve under the contract. Some devote their whole lives to the army. But, of course, one of the main motivations for this profession is wages.

How is a soldier's salary calculated? Let's try to understand this issue. Content

• 1 Factors affecting the formation of wages of a soldier
• 2 The main components of the monetary allowance of a soldier
• 3 Cash paid to conscripts

• 4 Taxation for military personnel
• 5 Serviceman Payroll Calculator

Factors influencing the formation of the wages of a serviceman The amount of income of a serviceman, in fact, like any employee, consists of several indicators.

In addition to the "bare" salary, some allowances are charged.

So, for example, a soldier outside the state (due to maternity leave or long-term treatment) is entitled to payments under the old tariff scale within 6 months. Of course, the withdrawal from the state does not exempt the military from the requirements of the service, but he is obliged to obey exclusively the commander of his military unit.

All other employees, even those with a higher rank, do not have the right to give orders and cannot force them to perform certain duties, even if they are provided. When do you need legal assistance? The terms of being outside the state (or, as they say, at the disposal) are regulated, therefore, in case of doubts about the legality of the absence of proposals for positions held or transfer to another part for a long time, it is worth contacting legal advice.

How to calculate the salary of a soldier outside the state

Military positions in the central office For the performance of tasks associated with a risk to life and health in peacetime: 0%10%20%30%40%50%70%80%100% Monthly bonus for special achievements in the service: 0%10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Military service allowance in the regions of the Far North and equivalent areas: Select coefficient District coefficient - 1.15 District coefficient - 1.20 District coefficient - 1.25 District coefficient - 1.30 District coefficient - 1.40 District coefficient - 1.50 District coefficient - 1.60 District coefficient - 1.70 District coefficient - 1.80 District coefficient - 2.0 Highland military service allowance: Select coefficient Coefficient 1.15 Coefficient 1.2 1.3Coefficient 1.4 Surcharge for military service in desert and waterless areas: Select coefficientCoefficient 1.1Coefficient 1.3 Total additional payments: 0 rub. TOTAL accrued: 0 rub.

By identifying the main factors influencing wages, we can confidently say that it includes a monthly salary in relation to the assigned military rank and a monthly salary in relation to the position occupied by a soldier. In addition to these salaries, additional cash payments are also due.

These include:

• 10-40 percent of the salary is paid monthly for seniority. The amount of this payment depends on the length of service;
• 5-30 percent of monthly salary in relation to class qualification;
• about 65 percent of the monthly salary for those military personnel who work with data that is a state secret;
• working in special conditions, the soldier receives 100 percent of the monthly salary;
• risking life and health during the service, he also receives a 100 percent increase in salary.

Salary of the monthly allowance of a serviceman Salary for a military position: Choose a position1 tr. (Shooter, road builder, masker) 2 tr. (Sniper, machine gunner) 3 tr. (Senior grenade launcher, senior sapper) 4 tr. (Head of the pass office, tank commander, head of the autodrome) 5 tr. (Squad leader in a motorized rifle platoon) 6 tr. (Paramedic, head of the landfill) 7 tr. (Deputy platoon commander) 8 tr. (Translator, assistant on duty at the command post) 10 tr. (Commander of a motorized rifle platoon) 11 tr. (Engineer in the management of a motorized rifle battalion) 12 tr. (Deputy commander of a motorized rifle company) 13 tr. (Senior officer in the directorate of a motorized rifle regiment) 14 tr. (Commander of a motorized rifle company, anti-aircraft missile battery) 15 tr. (Officer in the directorate of the motorized rifle corps) 16 tr. (Deputy commander of a motorized rifle battalion) 17 tr.
This page contains a calculator for calculating monetary allowances for military personnel. With it, you can make calculations taking into account all existing coefficients. For example, if you want to know what salary you are entitled to, then it will be enough to enter, depending on the type of salary, your rank, rank, coefficient or qualification. You can also find out what amount of monthly additional payments you are entitled to, for example, such as an allowance for special conditions of military service, a percentage allowance for work experience in structural divisions for the protection of state secrets (PZGT), seniority allowance (NVL) and a monthly allowance for military personnel with higher legal education and occupying / positions of the legal specialty.