Reinstatement of a reserve officer in the armed forces. Procedure for reinstatement of reserve officers
Due to various life circumstances, officers in the reserve may express a desire to be reinstated in military service. The likelihood of a positive decision depends on the reasons for leaving the reserve, the state of health, the age of the applicant, the level of his physical fitness, the time that has passed since dismissal, and the availability of a vacant position to be filled. It is possible to talk about reinstatement in the army only in case of wrongful dismissal; in all other cases, it is appropriate to talk about concluding a new contract.
Reinstatement of a reserve officer in the RF Armed Forces
Reinstatement of a reserve officer military service impossible if he reaches the age limit for service, but it is quite possible in situations where he was previously dismissed for:
- organizational events;
- family circumstances;
- state of health.
It is worth understanding that in a legal sense the officer will not be reinstated in service; he has the right to conclude new contract, if the reasons that led to the previous dismissal have been eliminated.
The requirements for a candidate to conclude a contract are the same:
- absence of a criminal record and no current criminal proceedings against the candidate for service;
- acceptable age and physical training, provided for by the standard for each age group;
- absence of diseases specified medical list admission to service.
The procedure is approved by regulatory documentation. The first step will be a visit to the military registration and enlistment office, where the reserve officer is registered with the military. You must have a passport and all documents related to service in the Armed Forces. A diploma of education and a certificate of retraining, if available, will not be superfluous. In accordance with the sample presented at the stand, you should write a statement indicating personal data and wishes for the conditions of service. If there are vacancies corresponding to your education, rank and previously held position, you will be asked to undergo a medical commission (at your place of residence and a specialized medical examination), and pass. If the officer meets all the requirements of the vacancy, then the issue of concluding a contract will be resolved positively. Be prepared for a long wait, the duration of which depends on:
- speed of passing the medical examination;
- deadlines for receiving a response to a request for a clean criminal record;
- whether there is a need for intradepartmental movement of documents.
Employment may be refused on the same grounds as when concluding the first contract.
Reinstatement after dismissal due to a medical condition or health condition
If an officer was previously dismissed due to organizational arrangements due to the reduction of his position and the impossibility of providing him with a similar one, reinstatement is possible in another unit where there is a vacancy that does not contradict the candidate’s track record.
Note! The benefits provided for will be canceled in case of re-recruitment.
If a military man’s health has improved after dismissal and he wants to continue serving in the Armed Forces, the soldier has the right to undergo the Military Medical Examination. If doctors lift health restrictions, there are no obstacles to concluding a contract.
You should not present the conclusion of independent examinations to the IHC; it is better to submit an extract from the departmental medical institution where the officer underwent treatment or rehabilitation.
Is it possible to recover in connection with NUC?
Unfortunately, the likelihood of returning to service after dismissal due to contract violations is extremely low due to the fact that this reason is considered discreditable. It will be difficult for the officer to prove that he violated the provisions of the contract, because he was not fired for family reasons, or the dismissal according to the National Code took place due to personal hostile relations with the commander. Even if these justifications are true, personnel department employees will decide what is more important for the unit: the officer’s exclusive knowledge and skills or his quarrelsome nature. When dismissing, you should always take into account the likelihood of returning to service, and try to maintain a decent appearance of your record. Dismissal due to a warning about incomplete suitability for the position held closes the path to the army with an almost 100% guarantee.
Return to the army after illegal dismissal
In case of wrongful dismissal, the officer should take legal action. If the judicial authority establishes violations related to the dismissal of a military man before the right to receive a pension or without providing him with housing in a legal manner, then he must be reinstated in the lists of the unit by a court decision. The Ministry of Defense must eliminate violations regarding the provision of the right to housing and pensions, and pay the amount not received Money, and compensate for moral damage. Dismissal for medical reasons or due to the age limit for service will not become an obstacle to the restoration of the military’s rights to housing and pensions. A serviceman who has been dismissed due to non-compliance with the terms of the contract or as a result of a penalty imposed due to incomplete performance should follow the same scheme.
Important! Resolving the issue through the court will take quite a lot of time, but if the military man wins, he will be compensated for all material damage and moral damage.
If it can be proven that there was no violation of the contract on the part of the military man, or it turns out that the imposed penalty was declared unlawfully, he will be reinstated in service in the prescribed manner.
The personnel department may commit violations, as a result of which the court makes a decision to include the officer in the lists of the unit without reinstating him in his position.
Violation of the dismissal procedure
There is judicial practice on restoring the rights of a serviceman in the event of dismissal for legally in violation of the resignation procedure. The court's ruling cancels the order, orders the elimination of violations, and compensation for damage resulting from this. The period required to restore rights is included in the period of service by changing the date of exclusion from the list of personnel.
Dismissal without pay
In this case, it is necessary to reinstate the officer who has not received full payment on the unit list until all due payments have been made.
COMPOSITION OF MILITARY RESERVE
Reserve and retired military personnel
Give me what you have to lose..
Article 112. Code of Civil Procedure of the Russian Federation Restoration of proceduraldeadlines
1. Persons who missed the procedural deadline established by federal law for reasons recognized by the court as valid, the missed deadline may be restored.
See previous edition
2. An application for the restoration of a missed procedural period is submitted to the court in which the procedural action was to be performed and is considered at the court hearing. Unless otherwise provided by this Code, persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to the resolution of the issue brought before the court.
3. Simultaneously with filing an application for restoration of a missed procedural deadline, the necessary procedural action must be taken (a complaint has been filed, documents submitted) in respect of which the deadline has been missed.
See previous edition
4. Application for restoration of the missed procedural deadline for filing a cassation appeal, presentation, respectively, to the presidium of the supreme court of the republic, regional, regional court, court of a federal city, court of an autonomous region, court of an autonomous district, district (naval) military court, established by part two of Article 376 of this Code, is submitted to the court that considered the case at first instance.
Missed procedural deadline for filing a cassation appeal or presentation to a judicial panel Supreme Court Russian Federation, established by part two of Article 376 of this Code, and the missed procedural period established, respectively, by part two of Article 391.2 and part two of Article 391.11 of this Code, may be restored by a judge of the Supreme Court of the Russian Federation.
A missed procedural deadline, established respectively by part two of Article 376, part two of Article 391.2 and part two of Article 391.11 of this Code, can be restored only in exceptional cases when the court recognizes valid reasons for missing it due to circumstances that objectively exclude the possibility of filing a cassation or supervisory appeal to established period (serious illness of the person filing the complaint, his helpless condition, etc.), and these circumstances occurred within a period no later than one year from the date the appealed court decision entered into legal force.
The Eastern Military District is recruiting reserve officers for military service
See previous edition
5. A court ruling to restore or refuse to restore a missed procedural deadline may be appealed.
RESERVE OF THE ARMED FORCES OF THE RF
The ranks (categories) of the reserve of those liable for military service are indicated in the military ID of a citizen transferred to the reserve. According to Article 51.2 Federal Law“On military duty and military service” for the mobilization deployment of the Armed Forces of the Russian Federation, other troops, military formations and bodies, a reserve of the Armed Forces of the Russian Federation, a reserve of the Foreign Intelligence Service of the Russian Federation, a reserve Federal service security of the Russian Federation, which are intended to staff formations, military units Armed Forces of the Russian Federation, other troops, military formations and bodies, as well as special formations during the period of mobilization, bringing them into combat readiness and in war time. The reserve is divided into mobilization human reserve and mobilization human resource. The mobilization manpower reserve includes citizens who are in reserve and have entered into an established contract to remain in the mobilization manpower reserve. The mobilization human resource consists of citizens who are in the reserve and who are not part of the reserve. Mobilization human reserves of the Armed Forces of the Russian Federation, other troops, military formations and bodies are created by the President of the Russian Federation on the proposal of the relevant federal body executive power and are formed on a territorial basis.
Procedure for recruiting a reserve officer
COMPOSITION OF MILITARY RESERVE
The reserve of the Armed Forces of the Russian Federation is created from among the citizens:
- discharged from military service and enlisted in the reserves of the Armed Forces of the Russian Federation;
- who have successfully completed training at military departments at federal state educational organizations higher education by program military training reserve officers, military training programs for sergeants, reserve foremen, or military training programs for soldiers, reserve sailors and graduates of the specified educational organizations;
- those who have not completed military service due to exemption from conscription;
- those who have not completed military service due to the provision of deferments from conscription for military service or the cancellation by the draft commission of a constituent entity of the Russian Federation of the decision of a lower draft commission upon reaching the age of 27 years;
- those who were not subject to conscription for military service upon reaching the age of 27;
- those who have not completed conscription military service without legal grounds, in accordance with the conclusion of the conscription commission upon reaching the age of 27 years;
- discharged from military service without military registration and subsequently registered with military commissariats;
- have completed alternative civil service;
- females with a military specialty.
The reserve of the Foreign Intelligence Service of the Russian Federation and the reserve of the Federal Security Service of the Russian Federation are created in the manner determined by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
A citizen who has successfully completed training in the military training program for reserve officers at the military department at the federal state educational organization higher education, upon enrollment in the reserve, the Minister of Defense of the Russian Federation assigns military rank officer.
A citizen who has successfully completed training at a military department at a federal state educational organization of higher education under the military training program for sergeants and reserve foremen, when enlisted in the reserve, is awarded the military rank of sergeant or foreman by the military commissar.
A citizen who has successfully completed training at the military department at the federal state educational organization of higher education under the military training program for soldiers and reserve sailors, when enlisted in the reserve, the military commissar assigns the military rank of private or sailor.
A citizen who has not completed military service due to an exemption from conscription for military service or a deferment, as well as a citizen deprived of a military rank by a court decision, is assigned a military rank at the same time as he is enlisted in the reserves by a military commissar or an official of another body that carries out military registration. rank of private or sailor.
A citizen who is in the reserve undergoes a medical examination to determine his category of fitness for military service in accordance with the Schedule of Diseases.
Citizens serving in internal affairs bodies, State fire service, institutions and bodies of the penal system, customs authorities of the Russian Federation in positions of private (junior) and commanding personnel, the military specialty is established by the Minister of Defense of the Russian Federation in agreement with the heads of these bodies and institutions.
CITIZENS STAYING IN THE RESERVE ARE DIVIDED INTO THE FOLLOWING RANGE OF RESERVE:
Female citizens who are in the reserve belong to the third category: those with military ranks of officers remain in the reserve until they reach the age of 50, and the rest - until they reach the age of 45. A citizen who is in the reserve and has reached the age limit for being in the reserve or is recognized in the manner established by the Federal Law “On Military Duty and Military Service” as unfit for military service due to health reasons, is transferred by the military commissariat or another body carrying out military registration into retirement and removed from military registration.
Is it legal to call up reserve officers for military service?
Tibet 13-04-2005 18:07
Good day, dear forum participants! I would like to read your opinion, preferably reasoned, on the following points of the question.
Is it legal to call up reserve officers for military service?
1 The reserve officer is in the reserves. In accordance with paragraph 4 of Article 12 of the Law of the Russian Federation "On Defense" and paragraph 20 of Article 2 of the Law of the Russian Federation "On mobilization preparation and mobilization in the Russian Federation", the reserve is created to supplement the Armed Forces of the Russian Federation for mobilization and in wartime. So, calling up reserve officers in peacetime is a violation of the law?
2 When conscripted, an officer goes to serve under a contract, and according to the law, a contract is voluntary. It turns out that the officer has the right not to sign it?
3 Contract service is, as I understand it, a job. But according to the Constitution, a citizen has the right to freely choose a profession and type of activity. How does this relate to the demands of military commissars to sign contracts?
4 Often, when recruiting officers, there is a reference to the order of the Minister of Defense on the recruitment of a specific person. In accordance with Article 14 of the Law “On Defense”, the competence of the Minister of Defense does not include conscription of citizens for military service. In accordance with paragraph 1 of Article 32 of the Federal Law “On Military Duty and Military Service,” the Ministry of Defense has the right to conclude only contracts for military service. It turns out that this is also illegal?
5 Met in judicial practice cases about the illegality of calling up reserve officers in peacetime? What are the chances of winning such a case?
Thank you all in advance for your answer.
Vovan-Lawer 14-04-2005 08:56
Colleague, as a rule, there is a call for military service for cadets of higher military institutions, who are simply not issued diplomas of higher military education until they sign a contract with the Minister of Defense.
I have never encountered the conscription of officers already enlisted in the reserve, please describe the situation in more detail.
Vsevolod 14-04-2005 09:01
Well, if you mean people like me - jackets after military department, what can I say... They call and very actively. Including being sent on business trips to fraternal Chechnya. In general, everything is like all my life.
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Guys let's be friends!
Tibet 14-04-2005 17:08
Conscription of reserve officers enlisted in the reserve after graduating from military departments. Does it make sense to sue the military registration and enlistment office based on the illegality of the very fact of conscripting a reserve officer?
Vovan-Lawer 14-04-2005 17:23quote:Originally posted by Tibet:
Conscription of reserve officers enlisted in the reserve after graduating from military departments. Does it make sense to sue the military registration and enlistment office based on the illegality of the very fact of conscripting a reserve officer?
Of course it's worth it.
Reserve ranks of military personnel.
A reserve officer who has not undergone active military service can be called up until he reaches the age of 27, that is, at general principles. But conscription should also be carried out on a general basis, and not with the procedural violations you indicated at the beginning of this message.
Naturally, there is no point in suing if a contract has been signed with the Ministry of Defense. Because in this case everything is regulated by this very contract.
Tibet 14-04-2005 19:36
The contract with the Ministry of Defense was signed.
But I found the following on the Internet: “Opponents from the military registration and enlistment offices usually justify the legality of conscripting graduates of military departments by the fact that when concluding a contract with the RF Ministry of Defense for military training under the training program for reserve officers, the citizen gave an obligation to serve as an officer for two years by decree of the President "Russian Federation, and therefore he has the right to be called up for military service. However, the citizen still gave an obligation to serve two years, not according to any decree of the President of the country, but only according to a reasoned one."
That is, the emphasis is on the fact that the very fact of calling up reserve officers is illegal. Therefore, I would like to hear reasoned opinions on this matter.
SBZ 14-04-2005 23:39
Tibet
Look at the Law on Military Duty and Military Service, it describes the procedure for conscripting reserve officers who graduated from military departments of civilian universities into military service.
Vsevolod 15-04-2005 05:09quote:Originally posted by SBZ:
Tibet
Look at the Law on Military Duty and Military Service, it describes the procedure for conscripting reserve officers who graduated from military departments of civilian universities into military service.
Gee! Even the school military instructor forced us to not only study this law, but to take notes. Basics of conscription legislation...
——————
Guys let's be friends!
SBZ 15-04-2005 17:38
Vsevolod
“Gee! Even the school military instructor forced us to take notes, not just to teach.”
did the right thing
Kirill 82 06-05-2005 18:01
No one is drawn to the military department. Stop whining about us being fluffy and joining the army. If you are fit for military service, then you don’t have to go to military service; if you don’t want to, you still have a deferment from the army for the duration of your studies. Moreover, after university you become a simple soldier for only a year, and an officer for two. If you want to get two stars per shoulder and not serve in the army, then that’s a different topic. In this case, buy yourself camouflage and four stars with shoulder straps, and go show off. Or do you have another goal - to excuse yourself from the army, because previously reserve officers were usually not accepted into the army, but remember that officers have fewer excuses for health reasons than if they joined the army as an ordinary soldier. I understand that the current state of the army is not a fountain, people see what a dermocratic society we have and know that they will face all the problems of society in a concentrated form during their service. I hope it works weak people will refuse to serve in the army through bribes and other measures of excuses from the army, that drug addicts and thugs will understand that if you conquer the spirit, then he will have a machine gun and there will be fewer thugs in the army (or people will understand that there is one or two oppressors, and their tens and hundreds, and will give a worthy rebuff).
Surenam 11-05-2005 18:03
Male citizens enlisted in the reserves with the military rank of officer and called up for military service have the status of military personnel performing military service under a contract.
The standard contract form states that the citizen “voluntarily gives obligations...”.
IMHO: When calling up reserve officers from among those who have graduated from universities, in most cases it would be necessary to write “gives obligations under the pressure of force majeure circumstances” or “gives obligations to fulfill a thoughtlessly concluded contract.”
SBZ 12-05-2005 18:21
Surenam
“IMHO: When calling up reserve officers from among those who have graduated from universities, in most cases it would be necessary to write “gives obligations under the pressure of force majeure circumstances” or “gives obligations to fulfill a thoughtlessly concluded contract.”
no one is forcing you to study at a military department and sign a contract with the Ministry of Defense
Army and reserve officers
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| Author: house (—.riss-telecom.ru) Date: long ago I am the jacket. Toyota Mark II, 1998 |
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From experience. Personal. (Not from newspapers)! At what age are reserve officers called up?There was another “jacket”, a criminal one... I won’t write anything. Probably in a different way it still brings more benefit to someone, or something! 3. Three incidents in my personal life, during my period as an officer. My younger friends from physical education: Therefore, I think it is impossible to generalize! In each case everything is different. There is no worse thing in our life to serve something! Service, imprisonment, conscription... But, in any case, “departure”, a man is tested to be a “man”! No matter how much those who have not experienced this with talent and humanitarianism whistle about everything! What about the "barracks"? They give invaluable experience to be human! Worth a lot! You can't buy that for any amount of money. There a lot of things become transparent: empty talkers, peacocks, and real people - everyone becomes visible at a glance! Deeds done and words spoken. With respect, to the majority of readers! |
| Author: Trofim (Krasnodar) (—.tander.ru) Date: long ago I’m a jacket, I recently served my required term of conscription in the Caucasus. Not a fountain, especially after civilian life and a tolerable salary. Career officers were dumped in batches, to the Czech Republic or transferred to With this attitude of PERSONNEL officers towards the service, you don’t feel any particular desire to serve, like I’m here by mistake for two years, you just have to pull the burden... the attitude of the personnel is condescending, like you’re only fit for duty to fly every other day or two (sometimes less often), i.e. e. plug for the barrel. There is a catastrophic shortage of officers, you work from 8 to 20, there are barracks situations and much more... And regarding the fact that half a year on business trips and a second higher education, then |
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According to the decree of the President of the Russian Federation, the Ministry of Defense has drawn up several basic approaches to the process of selecting contract military personnel.
Personnel selection is carried out on the basis of a clear step-by-step system for finding the necessary candidates for service; the training of future officers, as a rule, is carried out in special higher educational institutions. Traditionally, service as a contract officer correlates with his initial qualifications and always implies the potential for subsequent professional growth.
Search technology
The selection procedure for applicants for contract service contains three main sequential phases:
- preliminary;
- starting;
- toughened.
During the selection of officers, stationary and mobile points are used, as well as directly military units and military commissariats.
initial stage
During the preliminary selection, the following tasks are solved:
- military-professional orientation of the candidate is carried out;
- the applicant for contract service undergoes a medical examination;
- personal data of a Russian citizen is studied;
- psychological testing is carried out.
The candidate can also take the test independently on the website of the Russian Ministry of Defense. After this, officials conduct a personal conversation with the applicant for inclusion in the list of contract employees within a stationary or mobile application acceptance point.
The results obtained at this stage are sent to military authorities for further analysis.
Tighter selection
All candidates who have passed the first two stages of selection can proceed to the advanced stage.
Procedure for reinstatement of reserve officers
It includes the following components:
- assessment of a citizen's trustworthiness;
- in-depth medical examination;
- additional psychological and physical testing;
- formal procedures - the personal file of the applicant for service is formed; if necessary, the contract officer receives access to the relevant information information, which has the status of a state secret.
After the applicant has been found eligible to take the contract service, he is sent for preliminary training. After this, he signs the corresponding agreement and becomes a full member of the Armed Forces of the Russian Federation.
Service order
The day on which the agreement (contract) comes into force is considered to be the beginning of the service of a military officer. The conclusion of the first contract is permitted to Russian citizens whose age ranges from 18 to 35 years.
Contract employees have the right to annual leave, the duration of which, depending on subjective circumstances, varies from 30 to 45 calendar days.
The duration of military service is regulated by the conditions specified in the contract; accordingly, when the contract expires, the officer has the right to formalize his dismissal.
A contract serviceman may be dismissed early due to the following circumstances:
- reduction of his position (if he does not agree to formally transfer to another workplace);
- upon liquidation of the military unit where he is serving;
- in connection with various organizational and staffing events;
- when a serviceman was declared unfit to continue serving due to health reasons.
If desired, the officer upon expiration of the contract may conclude new agreement and continue service for a specified period of time.
Deadlines for military serviceUnlike citizens who are not in the reserve and do not have an officer rank, the conscription of reserve officers into military service is not determined by strict time frames and the inevitability of conscription of all 100% of reserve officers who do not have grounds for exemption or deferment from conscription.
The conscription of reserve officers to military service is carried out within the time limits established by the President of the Russian Federation (Clause 2, Article 25 of the Federal Law “On Military Duty and Military Service”). Currently, the conscription of reserve officers for military service is carried out on the basis of the Decree of the President of the Russian Federation “On the conscription of reserve officers for military service in 2000-2005” dated April 10, 2000 N 660. According to subparagraph. "a" clause 1 of this Decree, up to 15 thousand citizens who have graduated from state, municipal or state accreditation in the relevant areas of training (specialties), non-state educational institutions of higher professional education, enlisted in the reserve with the assignment of the military rank of officer and not entitled to exemption or deferment from conscription for military service, including up to 5 thousand citizens - immediately upon completion of these educational institutions, in military or civilian specialties related to the relevant military specialties, according to the plan annually developed by the Ministry of Defense of the Russian Federation.
Thus, the determining factor in the conscription of reserve officers for military service in a particular military registration and enlistment office is the assignment for the conscription of reserve officers, which the military commissar receives.
Annual plans for the recruitment of reserve officers by branch of the Armed Forces, branches of the military, main and central departments of the Ministry of Defense of the Russian Federation, military districts and others federal authorities executive power, on the basis of their applications, is developed by the Main Personnel Directorate of the Ministry of Defense of the Russian Federation.
The personnel department of the military district brings to the military commissariats of the constituent entities of the Russian Federation the assignment for conscription of reserve officers in military specialties and distributes the candidates selected for conscription from among the reserve officers in accordance with the received assignment for conscription.
Stages and types of conscription for military service of reserve officers
According to paragraph 2 of Art. 26 of the Federal Law “On Military Duty and Military Service”, conscription of reserve officers into military service includes three stages:
In addition, the specificity of the call for reserve officers to military service is that such a call can be implemented:
Conscription for military service immediately after graduation;
Conscription for military service at another time, according to the plan for implementing the conscription task.
Medical examination of reserve officers
Medical examination of reserve officers when they are called up for military service is carried out in accordance with the Regulations on Military Medical Examination (approved by Decree of the Government of the Russian Federation of February 25, 2003 N 123) and Art. 205-215 Instructions on the procedure for conducting military medical examination in the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation "On the procedure for conducting military medical examination in the Armed Forces of the Russian Federation" dated August 20, 2003 N 200.
Examination of reserve officers is carried out by order of the district military commissar by the military medical commission of the district military commissariat. The conclusions of the military medical commission are recorded in the book of minutes of meetings of the military medical commission and, in addition:
In relation to persons recognized as fit for military service, fit for military service with minor restrictions - in the medical examination card of a citizen in the reserve;
In relation to persons declared unfit for military service - in a certificate of illness, which is sent for approval to the regular military medical commission of the military district;
In relation to persons recognized as limitedly fit for military service, or temporarily unfit for military service, a medical examination card of a citizen in the reserve is filled out, which is sent for approval to the regular military medical commission of the military commissariat of the constituent entity of the Russian Federation.
Reserve officers called up for military service (if there is an order from the Minister of Defense of the Russian Federation on conscription for military service), but have not yet been sent to their place of service and have filed complaints about their state of health, are sent by the military commissar for examination to garrison or hospital military medical commissions.
Question: I am a reserve officer and have a disease that, according to column 1 of the Schedule of Diseases, falls into category “B”. And according to this column, citizens are examined when conscripted for military service. Can I count on exemption from conscription for military service due to health reasons?
Answer: According to sub. 15 clause 84 of the Instructions on the procedure for conducting a military medical examination in the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation dated August 20, 2003 N 200, you, as a reserve officer, will be examined under a different column, under Column III of the Schedule of Diseases. The criteria for establishing a fitness category for different columns do not coincide, and your right to receive an exemption from conscription for military service will become known only after doctors have established your fitness category for military service.
Conscription of reserve officers to military service immediately after graduation
The head of the military department at the university, after receiving the assignment for conscription of citizens from among the students who have completed training in the training program for reserve officers graduating from the university, conducts a preliminary selection of candidates for conscription for military service. Lists of selected candidates are compiled and sent to the district military commissariat at the location of the educational institution. Citizens who do not have the right to a deferment are subject to selection.
The military commissar of the district at the location of the educational institution sends the citizens indicated in the list for a medical examination in order to determine the category of suitability for military service. Citizens are subject to medical examination as reserve officers.
The military commissar of the district, in relation to citizens who do not have the right to a deferment from conscription, makes a decision on their conscription for military service.
For citizens selected by the district military commissar for conscription, the head of the military department prepares the necessary documents (conscription material) and sends them to the military commissariat of the constituent entity of the Russian Federation. The list of documents is determined by the personnel departments of military districts. After checking the submitted documents by the military commissar of the constituent entity of the Russian Federation, they are sent to the personnel department of the military districts in the prescribed manner.
The Military District Personnel Directorate distributes the received documents for reserve officers in accordance with the order of the Main Personnel Directorate according to the branches of the Armed Forces, branches of the military, the main and central departments of the Ministry of Defense of the Russian Federation and federal executive authorities, to which, according to the decree of the President of the Russian Federation, reserve officers are called up ; compiles lists of names, which are approved by the commander of the military district and, together with service records, are sent to the relevant personnel authorities.
The personnel departments (departments) of the branches of the Armed Forces, branches of the armed forces, main and central directorates of the Ministry of Defense of the Russian Federation prepare in four copies draft orders of the Minister of Defense of the Russian Federation on the conscription of reserve officers for military service and, after the first copies of these projects have been endorsed by the corresponding commanders-in-chief (chiefs), submit All copies are in the Main Personnel Directorate. At the same time, draft orders on the conscription of reserve officers - university graduates, along with service records, must be submitted 2 months before graduation.
Personnel directorates (departments) of branches of the Armed Forces, branches of the armed forces, main and central directorates of the Ministry of Defense of the Russian Federation, extracts from orders of the Minister of Defense of the Russian Federation on the conscription of reserve officers to military service are sent no later than 7 days after receiving the orders to the personnel directorates of military districts and military commissariats subjects of the Russian Federation, indicating the conventional names of military units and their points of deployment, where these officers are to be sent, as well as to the personnel authorities of military districts, fleets, armies, flotillas, associations and formations, at whose disposal officers called up for military service are enlisted.
Military commissariats of the constituent entities of the Russian Federation must communicate extracts from orders of the Minister of Defense of the Russian Federation on conscription of reserve officers to military service to subordinate military commissariats: for reserve officers from among university graduates - no later than 15 days before graduation, and for other reserve officers - within within 5 days after receiving extracts from the orders.
The heads of military departments of universities, together with invited representatives of the heads of administrations of districts, cities and military commissariats, orders of the Minister of Defense of the Russian Federation on the conscription of reserve officers - university graduates for military service are announced in a solemn atmosphere.
A reserve officer called up for military service immediately after graduating from a university must arrive at the district military commissariat no later than 3 days after graduation to receive a leave ticket and an order to leave for the place of duty.
If, within a month after graduating from an educational institution, a citizen for whom an extract from the order of the Minister of Defense of the Russian Federation has been sent is not sent to a place of military service for various reasons, his personal file with an extract from the order on his conscription is sent within 5 days to the military commissariat of the district at the officer's place of residence. This officer is seconded to the place of military service by the military commissar of the district at his place of residence in the prescribed manner.
These officers who are not seconded to their duty station within a month after graduating from higher education institutions without a valid reason, lose the right to receive leave before being seconded to their duty station.
Such good reasons are:
Under treatment, serious health condition or death (death) close relative a reserve officer called up for military service (spouse, father (mother), father (mother) spouse, son (daughter), sibling (sister) or a person under whose care there was a reserve officer);
Fire or other disaster that befell the family or close relative of a reserve officer.
Reserve officers called up for military service are given two copies of an order to leave for the place of military service at the district military commissariat. The commander of the military unit sends the second copy with a note about the arrival of the called-up officer to the military commissariat of the district that sent him.
The considered procedure for conscripting reserve officers into military service immediately after graduation contains a number of controversial positions.
Subparagraph "b" of paragraph 1 of Art. 22 of the Federal Law “On Military Duty and Military Service” defines legal facts, in the presence of which, along with age parameters, a citizen falls into a specific category - the category of citizens subject to conscription for military service:
Graduation from a state, municipal or non-state university with state accreditation in the relevant areas of training (specialties) educational institution higher professional education;
Enlistment into the reserves with the assignment of the military rank of officer.
These legal facts must take place before conscription begins. This is evidenced by other legislative norms. A citizen who has successfully completed his studies at the military department of a university can receive the military rank of lieutenant only after graduating from an educational institution (subparagraph “b”, paragraph 2, article 21 of the Regulations on the procedure for military service (approved by the Decree of the President of the Russian Federation of September 16, 1999 N 1237).
As mentioned above, conscription of a reserve officer into military service includes three stages:
Appearing for a medical examination;
Appearing before the military commissar to make a decision on conscription;
Appearing at the military registration and enlistment office and receiving an order to leave for the place of military service.
Thus, conscription for military service, or more precisely, the first of the specified measures for conscription for military service - appearing for a medical examination, should take place only after the citizen has graduated from a university and enlisted in the reserve with the assignment of the military rank of officer.
Really this condition, defined by law, is not observed. Activities for conscription into military service are beginning to be carried out in relation to students who are not included in the category of citizens subject to conscription for military service. Two of the three stages of conscription for military service (medical examination and the military commissar making a decision on conscription for military service) are carried out in relation to students who have not graduated from a university and are not enrolled in the reserve with the military rank of officer.
According to paragraphs. 26 and 27 Instructions for the preparation and implementation of activities related to the conscription of citizens of the Russian Federation into military service with the assignment of the military rank of officer (Appendix No. 2 to the order of the Minister of Defense of the Russian Federation dated September 6, 1999 No. 400), even before dispatched by the head of the military department necessary documents(conscription material) to the military commissariat of a constituent entity of the Russian Federation, students undergo a medical examination as reserve officers. During the same period, the military commissar of the district at the location of the educational institution, in relation to citizens who do not have the right to a deferment from conscription for military service, makes a decision on their conscription for military service.
In connection with the above, there is a need to bring some provisions of this order of the Minister of Defense of the Russian Federation into compliance with legislative norms.
Conscription of reserve officers to military service at other times, according to the plan for implementing the conscription task
A reserve officer who was not called up for military service immediately after graduating from a university is summoned to the military registration and enlistment office after receiving an extract from the order of the Minister of Defense of the Russian Federation using a standard summons. This order must be communicated to the reserve officer within 5 days after the military registration and enlistment office receives an extract from the order.
A reserve officer is called to the military registration and enlistment office as needed, determined by the annual assignment for the conscription of reserve officers for military service.
After receiving the assignment for the conscription of reserve officers, the military commissar of the district and the head of the 3rd department of the military commissariat assess the availability and quality characteristics of the reserve officers subject to conscription, and the possibility of completing the task. Registration documents are selected for reserve officers subject to conscription for military service.
To conduct targeted work on selected candidates for conscription, a list of reserve officers subject to conscription for military service is compiled, based on the assignment for conscription. This list includes all reserve officers who have military specialties specified in the conscription assignment, as well as those who have a civilian specialty related to the military specialty for which the conscription assignment was received.
Reserve officers who have the right to a deferment (exemption) and who are not subject to conscription this year for various reasons are taken into account in the list of reserve officers under the age of 27 who are eligible for release and a deferment from conscription.
Personal files of reserve officers selected for conscription for military service are selected for preliminary study. Reserve officers are identified who are or have been brought to criminal or administrative liability, who are under investigation, who are registered in tuberculosis, psychiatric, dermatovenerologic, and drug treatment clinics, as well as those who have the right to exemption and deferment from conscription for military service.
During the conversation, the military commissar studies Family status, health status and other issues influencing the decision to enlist in military service. The results of the conversation are reflected in the candidate’s study sheet for conscription. One of the following decisions is made regarding a reserve officer:
On conscription for military service;
On granting a deferment from conscription for military service;
On exemption from conscription for military service;
On exemption from military duty.
The decision of the military commissar regarding the reserve officer is recorded in a study sheet, which is signed by the military commissar, certified with the official seal and filed in the personal file of the reserve officer, and is also entered in the book of decisions of the military commissar on the conscription of reserve officers to military service.
If a decision is made to call up a specific reserve officer for military service, he is given two copies of an order to leave for the place of military service.
Questions:
1. I am a reserve officer. In February of this year, they called me to the military registration and enlistment office (ostensibly for registration). After a personal conversation, the head of the department for work with reserve officers said that I would definitely be called up in June. Is this oral statement considered a decision of the military registration and enlistment office on conscription? If not, what should this solution look like? IN this moment There is an order from the Minister of Defense and they are trying to serve me a summons. Should my name be on this order? Or does it just say how many people to call? Until what date can a reserve officer be called up (until June 30, like a soldier, or all year round)?
2. I graduate from a university, passed through the department, and an order from the Minister of Defense for conscription is issued regarding me. But I have the right to a deferment (in my case, due to work). What happens in this case? Will the order for my conscription be canceled completely, or will it “hang over me”, and I will be conscripted if my deferment runs out? At the military registration and enlistment office they say something like: as soon as the order comes to them, I will have to write a report on the cancellation of the order, or something like that. Please explain exactly what is happening and how it is technically accomplished.
Answer: The algorithm for selecting and calling up a reserve officer for military service is determined by Ch. III Instructions (Appendix No. 2 to the order of the Minister of Defense of the Russian Federation dated September 6, 1999 No. 400). The decision of the military commissar regarding the reserve officer is not only announced to him orally, but is also written down on a study sheet, which is signed by the military commissar, certified with the official seal and filed in the reserve officer’s personal file, and is also entered in the book of the military commissar’s decisions on conscription of reserve officers for military service . If desired, the citizen in respect of whom the decision was made, he is given a copy of this decision (Clause 6, Article 28 of the Federal Law “On Military Duty and Military Service”).
Orders of the Minister of Defense of the Russian Federation, by which reserve officers are awarded the officer rank, contain the surnames, first names, and patronymics of specific citizens who have been awarded the military rank of officer. The orders do not contain instructions that these citizens who have been awarded the rank of officer are subject to conscription in a specific period of time, for example, in July of such and such a year. Such orders also contain a rule, determined by law, that these citizens are subject to conscription for military service in accordance with current legislation. The current legislation also provides for the provision of a deferment. If on the day the military commissar makes a decision regarding a specific reserve officer, this officer presents him with documents confirming his right to a deferment from conscription, the military commissar will be obliged to grant him a deferment.
There is no strictly defined period for calling up reserve officers for military service during the year. Decree of the President of the Russian Federation dated April 10, 2000 N 660 determined only the total number of reserve officers subject to conscription for military service annually - up to 15 thousand. The end of the deferment period from conscription for military service does not mean that the reserve officer will definitely be called up for military service. military service. In such cases, everything will be determined by the plan for recruiting reserve officers, which the military commissar has at this time and which is drawn up by the General Staff for each year based on the needs of the Ministry of Defense of the Russian Federation for officers of specific specialties.
Question: How should graduates of military departments with the rank of officer still serve? In the Federal Law “On Military Duty and Military Service” it is very difficult to get an unambiguous answer to this question (in some places it says one thing, in others it is completely different). By conscription, by contract (on a voluntary basis), according to presidential decrees, by decision of military commissars?
Answer: The Federal Law “On Military Duty and Military Service” establishes only two options for citizens to perform military service in Russia: by conscription and voluntarily (under contract). This is defined in paragraph 2 of Art. 2 of this Law.
According to sub. "b" clause 1 art. 22 of this Law, graduates of military departments who have been awarded the rank of officer, aged 18 to 27 years, are included in the category of persons who are subject to conscription for military service (regardless of their desire). Need, i.e. the specific number of reserve officers who must be called up for military service during the year is currently determined by the Decree of the President of the Russian Federation "On the call-up of reserve officers for military service in 2000-2005" dated April 10, 2000 N 660 - annually up to 15 thousand .
The decision to call up a specific reserve officer for military service is made by the military commissar (Clause 1, Article 28 of the above-mentioned Law).
Instructions
Dismissal from military service may occur due to various circumstances. It is on these circumstances that the possibility and procedure for the restoration of a former military man depends. service. In cases where we're talking about about unjustified or illegal dismissal, as well as dismissal carried out in violation of the norms of the Federal Law “On Military Duty and Military Service”, reinstatement to service carried out in judicial procedure.
In such circumstances of dismissal, file a claim for reinstatement with the local judicial authorities, attaching to the claim a justification for the illegality or groundlessness of the dismissal. Based on the court decision, the dismissal order is canceled and the citizen is reinstated to military service. service with mandatory compensation for losses incurred for the entire period of non-fulfillment of duties.
In the case where there was a dismissal at your personal request, or due to staff reduction, reinstatement is not made. At the same time, the legislation and practice of military recruitment service the possibility of concluding a new contract is allowed, provided that the age limit for military service has not been reached at the time of dismissal.
Finally, the third probable cause dismissal is a violation by the serviceman himself of the terms of the contract on the basis of which the dismissal was carried out. Usually in such cases we are talking about a violation of the service regime, non-compliance with internal regulations, and the reason may also be a crime committed, an outstanding criminal record, etc. This is exactly the case when the path to recovery is closed, since to return to service a new contract will be required, and personnel services It is extremely rare that they agree to its conclusion with a serviceman discharged under such negative circumstances.
Sources:
- military reinstatement
If you were fired at the initiative of your employer and you do not agree with this, then in some cases work You can return it and receive compensation for the entire period of forced downtime. When terminating the employment relationship unilaterally, the employer must comply with all rules and draw up all documents in accordance with the requirements Labor Code Russian Federation.
You will need
- -statement
- -copies of documents on the basis of which you were fired or laid off
- - work record book and its copy
Instructions
An employer may terminate an employment relationship on its own initiative in cases provided for by labor legislation. If the employee is not suitable for the position held; violates discipline; lost trust, which applies only to financially responsible persons; divulges official secrets.
In all cases of termination employment contract the employer must draw up an act of violation, a written reprimand with punishment, and a written explanation from the violator. All documents are signed by the commission created to consider this violation and the violator. If this procedure is not carried out before dismissal, then the dismissal is considered illegal.
Come to the military commissariat where you are registered with the military. If you are deregistered due to age or other reasons, contact the one to which you belong at your place of residence and. A complete list of military registration and enlistment offices can be found on the website of the Ministry of Defense of the Russian Federation. You must have a passport with you, as well as a military ID or other documents that remain with you as evidence of service.
Write a statement stating that you wish to enter military service under a contract. It is drawn up according to the sample that will be given to you on the spot. At the same time, you can indicate as your preferred branch of the military in which you are most attracted. It does not have to be the same as the experience you had in your previous service. But keep in mind that the highest probability is that you will be assigned to the position in which you have experience and knowledge.
Pass a medical examination. It is carried out in three stages, and the first of them is controlled by specialists from the regional military commissariat. The check will be carried out on general state health, as well as fitness for military service.
When your candidacy is approved, discuss all the details of the contract and assignment to the unit by the commissioner. At this point, before signing the contract, you should reconsider your decision to return to . After all, according to Russian legislation to terminate the contract you will have to have more compelling reasons than own wish.
Video on the topic
Sources:
- Official website of the Ministry of Defense of the Russian Federation
- how to re-enter military service
It happens that after leaving work, after some time a person realizes that the place he left was not so bad. Or in the new position everything turned out not to be as promised at the interview. And then the decision is made to return to the previous job.
Instructions
If you decide to return to your old place of work, call your former colleagues. Ask them if your position is available. If the vacancy is closed, ask to see if there are similar positions in other departments.
If there is a vacancy, no matter in your department or another, call your . Say that at the new place of work everything seemed completely different from what you expected, praise his ability to organize the work process and ask if you can go back. Explain that you are aware of the available positions and that you are ready to start working as soon as possible.
Tell us that in your new job you have mastered new skills, developed a client base, discovered profitable suppliers, etc. Let the manager make sure that by hiring you back, he will acquire a more qualified employee for the same salary.
Very often, employers prefer to hire employees they already know rather than look for new ones. Ask your former boss to recommend you to the head of another department if there are no vacancies in yours. A person who does not come from “outside” is looked at differently. It turns out to be a priority when there are candidates who have not been recommended by anyone.
If you have been invited for an interview at old job, dress in a business suit. And it doesn’t matter that everyone you meet there is familiar to you. Employers should once again make sure that you made the right choice, so show them that you are a responsible and collected person, a professional who will cope well with the most difficult tasks.
When illegal dismissal from the military service of a serviceman until he acquires the right to a pension for length of service or without providing him with living quarters, he, on the basis of clause 2 of Art. 23 of the Federal Law "On the Status of Military Personnel" is subject to reinstatement in the service in the previous (or with his consent - equal or not lower) position with compensation for all losses caused and compensation for moral damage.
At the same time, recognizing a serviceman as unfit for military service due to health reasons or reaching the age limit for military service cannot serve as an obstacle to making such a decision.
In the case when dismissal of a serviceman who served under a contract , was carried out legally, but the procedure for dismissal of a serviceman established by the Regulations on the Procedure for Military Service was violated, a decision should be made not to reinstate the serviceman in military service, but only to cancel the order to exclude this person from the lists of personnel of the military unit, restoring the directly violated rights and compensation for damages.
In this case, the period during which the violated rights were restored must be included in the period of military service by imposing on the relevant official the obligation to change the date of exclusion of the serviceman from the lists of personnel of the military unit.
If the serviceman himself does not raise the issue of this restoration, a decision is made only to eliminate the violation.
Full restoration of the violated rights of a serviceman dismissed from military service without payment involves his reinstatement in the lists of unit personnel until all amounts due are paid.
How to recover after dismissal due to organizational and staffing measures (OSM)?
In connection with the reform carried out in the Armed Forces in recent years, many military personnel were dismissed early, before the expiration of their contracts, in connection with organizational and staffing measures (OSM).
Dismissal according to the OSH occurs in cases where:
1. There is a reduction in the position held and there is no possibility of appointment to a similar one;
2. The military rank of the position held is reduced;
3. The period of being at the disposal of the unit’s command has expired, etc.
To be reinstated in the army after dismissal under this article, there should be no obstacles - you need to contact the military registration and enlistment office, pass a commission and perform other actions similar to concluding a new contract.
However, it must be remembered that upon dismissal due to general military training, a serviceman is entitled to certain guarantees and benefits. If they were not provided, or the dismissal was carried out with violations and it can be proven in court, the serviceman is subject to mandatory reinstatement in service with payment of compensation for the entire period of illegal dismissal.
Reinstatement due to breach of contract
There is a common misconception , that dismissal for violation of contract terms is possible only if there is a certain number of penalties and reprimands. However, any violation of the charter or legal requirements may be regarded as NUS and serve as a reason for dismissal. In essence, dismissal under the NUC is a disciplinary measure, and the commander has the right (but not the obligation) to apply this measure at your own discretion.
If it so happens that a serviceman was dismissed from the army in connection with the NUC, it will be quite problematic for him to be reinstated in service, since this wording is very broad and can imply both minor violations of service and serious offenses. To be reinstated, you must go to court, where you will have to prove the unlawfulness of the dismissal. If you disagree with the court decision, you can file cassation appeals to higher authorities.
Sometimes dismissal due to NUC is confused with dismissal due to service inconsistency, but the latter is a fundamentally different basis for excluding a serviceman from the lists of unit personnel. To determine the service discrepancy of a serviceman, his official certification is carried out; the serviceman must be informed of the decision of the certification commission, which is recorded with his signature.
If you disagree with the decision, you may not sign the commission’s official conclusion and contact the military prosecutor’s office. Recovering from dismissal due to non-compliance will be quite problematic, so it is better to prevent exclusion from the lists on this basis.
Is it possible to recover after being fired for health reasons?
Sometimes the question arises of how to reinstate yourself in the army after dismissal due to limited fitness for health reasons. If, after undergoing a course of treatment and improving his health, a serviceman wishes to return to the army, he needs to go to the military hospital at the place of military registration in order to conduct a second commission. In this case, it is not recommended to involve independent licensed medical institutions.
