The list of events that are held without limiting the total duration of the weekly service time of military personnel. The procedure for granting additional rest time to military personnel

1. The total duration of the weekly duty time of military personnel passing military service under the contract, with the exception of the cases specified in paragraph 3 this article, must not exceed the normal duration of weekly working hours established by federal laws and other regulatory legal acts Russian Federation. The involvement of these military personnel in the performance of military service duties in excess of the established duration of weekly service time in other cases is compensated by rest of the corresponding duration on other days of the week. If it is impossible to provide the specified compensation, the time of performing military service duties in excess of the established duration of weekly service time is summed up and provided to military personnel in the form extra nights rest, which can be attached at the request of these military personnel to the main vacation. The procedure for recording service time and providing additional days of rest is determined by the Regulations on the procedure for military service.

1.1. For certain categories military personnel serving under a contract in the bodies state protection, other federal laws may establish a total duration of weekly service time other than that provided for in this article (an irregular working day). These servicemen are granted additional annual leave of up to 10 days. The procedure and conditions for granting additional annual leave for an irregular working day are determined by the head federal body executive power in the field of state protection.

(Clause 1.1 was introduced by Federal Law No. 148-FZ of July 1, 2017)

2. The length of service time of conscripted military personnel is determined by the daily routine of the military unit in accordance with the requirements of general military regulations. At the same time, the said military personnel are provided with at least eight hours of sleep and two hours for personal needs daily, except for cases determined by general military regulations.

3. Combat duty (combat service), exercises, ship cruises and other activities, the list of which is determined by the Minister of Defense of the Russian Federation (the head of another federal executive body or federal government agency in which federal law provides for military service) are carried out if necessary without limiting the total duration of the weekly service time. Additional days of rest, compensating military personnel for participation in these events, are not counted towards the main and additional holidays and are provided in the manner and on the conditions determined by the Regulations on the procedure for military service.

(as amended by Federal Laws No. 203-FZ of 08.11.2008, No. 145-FZ of 04.06.2014)

Contracted military personnel participating in events that are held, if necessary, without limiting the total duration of weekly service time, at their request, instead of providing additional days of rest, monetary compensation in the amount of a monetary allowance for each additional day of rest may be paid. Payment procedure and conditions monetary compensation are established by the head of the federal executive body or the federal state body in which military service is provided for by federal law.

(the paragraph was introduced by Federal Law No. 153-FZ of July 27, 2006; as amended by federal law dated 04.06.2014 N 145-FZ)

3.1. Lost strength. - Federal Law of December 27, 2018 N 545-FZ.

4. Conscripted military personnel, as well as military servicemen under contract in military professional educational organizations and military educational organizations higher education and training military units, provided at least one day of rest weekly. The rest of the servicemen doing military service under the contract are provided with at least one day of rest weekly, but not less than six days of rest per month.

(as amended by Federal Laws No. 29-FZ of April 26, 2004, No. 185-FZ of July 2, 2013, No. 545-FZ of December 27, 2018)

Rest days are provided to military personnel on weekends and holidays, and when they are involved in these days to perform the duties of military service, rest is provided on other days of the week.

5. Contracted servicemen are granted annual basic leave.

The duration of the main vacation is set:

military personnel whose total duration of military service in a preferential calculation is less than 10 years - 30 days;

military personnel whose total duration of military service on a preferential basis is 10 years or more - 35 days;

military personnel whose total duration of military service on a preferential basis is 15 years or more - 40 days;

military personnel whose total duration of military service on a preferential basis is 20 years or more - 45 days.

The duration of the main leave of military personnel undergoing military service under a contract in the year of entering the military service under the contract and in the year of dismissal from military service is calculated in the manner determined by the Regulations on the procedure for performing military service.

Military personnel doing military service under a contract in the regions of the Far North, areas equated to them and other areas with adverse climatic or environmental conditions, including remote ones, as well as in military positions, the performance of duties of military service in which is associated with heightened danger for life and health, the duration of the main leave is increased by up to 15 days or an additional day of rest is provided in accordance with the standards established by the Regulations on the procedure for military service. At the same time, the total duration of the main vacation, taking into account the additional days of rest, cannot exceed 60 days, not counting the time required to travel to the place of use of the vacation and back.

(as amended by Federal Laws No. 229-FZ of December 31, 1999, No. 104-FZ of July 6, 2006)

The paragraph is excluded. - Federal Law of July 26, 2001 N 105-FZ.

At the request of servicemen undergoing military service under a contract, the main leave may be granted to them in installments.

Paragraphs eleven - fourteen became invalid from January 1, 2008. - Federal Law of 06.07.2006 N 104-FZ.

Military personnel who have received secondary vocational education or higher education in a military professional educational organization or a military educational organization of higher education are granted basic leave immediately after receiving the appropriate education.

The duration of the main vacation of military personnel is increased by the number of days required to travel to the place of use of the vacation and back, but not less than one day one way. If the main leave is granted to military personnel in parts, then the time required to travel to the place of use of the leave and back is provided once.

5.1. Servicemen who are veterans of military operations specified in the Federal Law "On Veterans" (as amended by Federal Law No. 40-FZ of January 2, 2000) are granted leave of 15 days.

(Clause 5.1 was introduced by Federal Law No. 105-FZ of 26.07.2001, as amended by Federal Law No. 203-FZ of 04.12.2006)

6. Contracted military personnel are provided with study holidays to prepare for entrance examinations and pass entrance examinations when enrolling in secondary educational programs vocational education and higher education, passing intermediate and final certification for the specified educational programs in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation.

(as amended by Federal Law No. 185-FZ of July 2, 2013)

7. Military personnel undergoing military service under a contract, as well as cadets of military professional educational organizations and military educational organizations of higher education, prior to concluding a contract with them for military service during the period of study in these educational organizations, are provided with vacation holidays during breaks in training sessions for the periods determined by this Federal Law and the Regulations on the procedure for performing military service. The vacation leave granted to the specified military personnel in the summer (summer vacation leave) is the main vacation, and the vacation leave granted in the winter (winter vacation leave) is additional leave and is not counted towards the main vacation.

(as amended by Federal Laws No. 203-FZ of 04.12.2006, No. 185-FZ of 02.07.2013, No. 370-FZ of 14.12.2015)

8. Contracted servicemen who are applicants for academic degrees are granted sabbatical leave in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

(as amended by Federal Law No. 61-FZ of May 4, 2006)

9. Servicemen on the basis of the conclusion military medical commission sick leave is provided.

9.1. Servicemen subject to medical and psychological rehabilitation in accordance with paragraph 2.1 of Article 16 of this Federal Law are granted rehabilitation leave for the period of medical and psychological rehabilitation in the manner determined by the Regulations on the procedure for military service.

(Clause 9.1 was introduced by Federal Law No. 203-FZ of November 8, 2008)

10. Leave for personal reasons for up to 10 days is granted to a serviceman in the following cases:

a serious state of health or death (death) of a close relative of a serviceman (spouse, father (mother), father (mother) of a spouse, son (daughter), brother (sister) or a person who was brought up by a serviceman;

a fire or other natural disaster that has befallen the family or close relative of a serviceman;

in other exceptional cases, when the presence of a serviceman in the family is necessary, - by decision of the commander of the military unit.

The duration of leave for personal reasons granted to a serviceman in accordance with this paragraph is increased by the number of days required for travel by land (water, air) transport to the place of use of the leave and back.

Members of the armed forces whose total military service is 20 years or more, in one year out of three years before they reach age limit stay in military service or in the year of dismissal from military service for health reasons or in connection with organizational and staff measures, in addition to the main leave, at their request, leave for personal reasons lasting 30 days is granted. Said leave is also granted to servicemen who, in accordance with federal laws, perform military service after they have reached the age limit for military service and who have not used the said leave before. This leave is granted once per period of military service.

11. Spouses of military personnel are granted leave at their request simultaneously with the leave of military personnel. At the same time, the duration of the vacation of the spouses of military personnel may, at their request, be equal to the duration of the vacation of military personnel. Part of the vacation of the spouses of military personnel, exceeding the duration annual leave at their main place of work, is provided without pay.

12. Vacations provided for in clauses 1.1, 5.1, 6, 8 - 10 of this article, vacations established for military personnel by the Law of the Russian Federation "On social protection citizens exposed to radiation as a result of a catastrophe at Chernobyl nuclear power plant", and vacations granted after a space flight are additional and are not counted towards the main vacation.

(as amended by Federal Laws No. 105-FZ of 26.07.2001, No. 29-FZ of 26.04.2004, No. 148-FZ of 01.07.2017)

13. Female servicemen are granted maternity leave, as well as parental leave in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation.

(as amended by Federal Laws No. 122-FZ of 22.08.2004, No. 20-FZ of 02.02.2006)

Federal law "On the status of military personnel"- N 76-FZ - establishes the foundations of Russian policy in the field of legal and social protection of military personnel, citizens of our country who have been discharged from military service, and members of their families. Defines and regulates the freedoms and rights, duties and responsibilities of military personnel. Considers in detail such issues as the status, protection of honor, freedom, dignity of military personnel, the rights of military personnel, citizens discharged from military service, and members of their families to participate in the management of state affairs and public associations, official time for rest, trade and consumer services, food and clothing support for military personnel, etc.

Federal Law “On the Status of Military Personnel” of 2015 No. 76-FZ was adopted on March 6, 1998.

This Federal Law, in accordance with the Constitution of the Russian Federation, defines the rights, freedoms, duties and responsibilities of military personnel, as well as the fundamentals public policy in the field of legal and social protection of military personnel, citizens of the Russian Federation, retired from military service, and members of their families.

Federal Law "On the Status of Servicemen", N 76-FZ | Art. eleven

Article 11 Service time and the right to rest

1. The total duration of the weekly service time of military personnel serving under a contract, with the exception of the cases specified in paragraph 3 of this article, must not exceed the normal duration of the weekly working time established by federal laws and other regulatory legal acts of the Russian Federation. The involvement of these military personnel in the performance of military service duties in excess of the established duration of weekly service time in other cases is compensated by rest of the corresponding duration on other days of the week. If it is impossible to provide the specified compensation, the time of performing the duties of military service in excess of the established duration of the weekly service time is summed up and provided to the military personnel in the form of additional days of rest, which can be added to the main vacation at the request of the said military personnel. The procedure for recording service time and providing additional days of rest is determined by the Regulations on the procedure for military service.

1.1. For certain categories of servicemen who are doing military service under a contract in state security bodies, other federal laws may establish a total duration of weekly service time other than that provided for in this article (non-standardized service day). These servicemen are granted additional annual leave of up to 10 days. The procedure and conditions for granting additional annual leave for an irregular working day are determined by the head of the federal executive body in charge of state security.

2. The length of service time of conscripted military personnel is determined by the daily routine of the military unit in accordance with the requirements of general military regulations. At the same time, the said military personnel are provided with at least eight hours of sleep and two hours for personal needs daily, except for cases determined by general military regulations.

3. Combat duty (combat service), exercises, cruises of ships and other events, the list of which is determined by the Minister of Defense of the Russian Federation (the head of another federal executive body or federal state body in which military service is provided for by federal law), are carried out, if necessary, without restriction total weekly working hours. Additional days of rest, compensating military personnel for participation in these events, are not counted towards the main and additional holidays and are provided in the manner and on the conditions determined by the Regulations on the procedure for military service.

Contracted military personnel participating in events that are held, if necessary, without limiting the total duration of weekly service time, at their request, instead of providing additional days of rest, monetary compensation in the amount of a monetary allowance for each additional day of rest may be paid. The procedure and conditions for the payment of monetary compensation shall be established by the head of the federal executive body or the federal state body in which military service is provided for by federal law.

3.1. Lost strength. - Federal Law of December 27, 2018 N 545-FZ.

4. Conscripted servicemen, as well as contract servicemen in military professional educational organizations and military educational organizations of higher education and training military units, are provided with at least one day of rest every week. The rest of the servicemen doing military service under the contract are provided with at least one day of rest weekly, but not less than six days of rest per month.

Rest days are provided to military personnel on weekends and holidays, and when they are involved in military service duties on these days, rest is provided on other days of the week.

5. Contracted servicemen are granted annual basic leave.

The duration of the main vacation is set:

military personnel whose total duration of military service in a preferential calculation is less than 10 years - 30 days;

military personnel whose total duration of military service on a preferential basis is 10 years or more - 35 days;

military personnel whose total duration of military service on a preferential basis is 15 years or more - 40 days;

military personnel whose total duration of military service on a preferential basis is 20 years or more - 45 days.

The duration of the main leave of military personnel undergoing military service under a contract in the year of entering the military service under the contract and in the year of dismissal from military service is calculated in the manner determined by the Regulations on the procedure for performing military service.

Military personnel doing military service under a contract in the regions of the Far North, areas equated to them and other areas with adverse climatic or environmental conditions, including remote ones, as well as in military positions, the performance of military service duties in which is associated with increased danger to life and health, the duration of the main leave is increased by up to 15 days or an additional day of rest is provided in accordance with the standards established by the Regulations on the procedure for military service. At the same time, the total duration of the main vacation, taking into account the additional days of rest, cannot exceed 60 days, not counting the time required to travel to the place of use of the vacation and back.

The paragraph is excluded. - Federal Law of July 26, 2001 N 105-FZ.

At the request of servicemen undergoing military service under a contract, the main leave may be granted to them in installments.

Paragraphs eleven - fourteen became invalid from January 1, 2008. - Federal Law of 06.07.2006 N 104-FZ.

Military personnel who have received secondary vocational education or higher education in a military professional educational organization or a military educational organization of higher education are granted basic leave immediately after receiving the appropriate education.

The duration of the main vacation of military personnel is increased by the number of days required to travel to the place of use of the vacation and back, but not less than one day one way. If the main leave is granted to military personnel in parts, then the time required to travel to the place of use of the leave and back is provided once.

5.1. Servicemen who are veterans of military operations specified in the Federal Law "On Veterans" (as amended by Federal Law No. 40-FZ of January 2, 2000) are granted leave of 15 days.

6. Military personnel serving under a contract are provided with educational leave to prepare for entrance examinations and pass entrance examinations when enrolling in educational programs of secondary vocational education and higher education, passing intermediate and final certification for these educational programs in the manner established by the federal laws and other regulatory legal acts of the Russian Federation.

7. Military personnel undergoing military service under a contract, as well as cadets of military professional educational organizations and military educational organizations of higher education, prior to the conclusion of a contract with them for military service during the period of study in these educational organizations, are provided with vacation leaves during breaks in training sessions for periods determined by this Federal Law and the Regulations on the procedure for performing military service. The vacation leave granted to the specified military personnel in the summer (summer vacation leave) is the main vacation, and the vacation leave provided in the winter (winter vacation leave) is additional leave and is not counted towards the main vacation.

8. Contracted servicemen who are applicants for academic degrees are granted sabbatical leave in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

9. Servicemen, on the basis of the conclusion of the military medical commission, are granted sick leave.

9.1. Servicemen subject to medical and psychological rehabilitation in accordance with paragraph 2.1 of Article 16 of this Federal Law are granted rehabilitation leave for the period of medical and psychological rehabilitation in the manner determined by the Regulations on the procedure for military service.

10. Leave for personal reasons for up to 10 days is granted to a serviceman in the following cases:

a serious state of health or death (death) of a close relative of a serviceman (spouse, father (mother), father (mother) of a spouse, son (daughter), brother (sister) or a person who was brought up by a serviceman;

a fire or other natural disaster that has befallen the family or close relative of a serviceman;

in other exceptional cases, when the presence of a serviceman in the family is necessary, - by decision of the commander of the military unit.

The duration of leave for personal reasons granted to a serviceman in accordance with this paragraph is increased by the number of days required for travel by land (water, air) transport to the place of use of the leave and back.

Military personnel whose total duration of military service is 20 years or more, in one year out of three years before they reach the age limit for military service or in the year of dismissal from military service for health reasons or in connection with organizational and staffing activities, other than the main leave for their request is granted a leave for personal reasons lasting 30 days. Said leave is also granted to servicemen who, in accordance with federal laws, perform military service after they have reached the age limit for military service and who have not used the said leave before. This leave is granted once per period of military service.

11. Spouses of military personnel are granted leave at their request simultaneously with the leave of military personnel. At the same time, the duration of the vacation of the spouses of military personnel may, at their request, be equal to the duration of the vacation of military personnel. Part of the leave of the spouses of military personnel, exceeding the duration of the annual leave at their main place of work, is granted without pay.

12. Vacations provided for in paragraphs 1.1, 5.1, 6, 8 - 10 of this article, vacations established for military personnel by the Law of the Russian Federation "On the social protection of citizens exposed to radiation as a result of the Chernobyl nuclear power plant disaster", and vacations provided after a space flight, are additional and do not count towards the main vacation.

13. Female servicemen are granted maternity leave, as well as parental leave in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation.

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11 of the Federal Law “On the status of military personnel, it follows that monetary compensation is payable in the amount of a monetary allowance for each additional day of rest required. According to Art. 18 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local government and provided with justice...

  • Decision of the Supreme Court: Determination N CAS09-199, Cassation Board, cassation

    The court also did not take into account when making its decision that servicemen are not subject to social insurance. Having considered the case materials and having studied the arguments cassation complaint The Cassation Board finds no grounds for its satisfaction. According to paragraph 13 of Article 11 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”, female military personnel are granted maternity leave, as well as parental leave in the manner established by federal laws and other regulatory legal acts. Russian Federation. Article 256 Labor Code The Russian Federation establishes that parental leave until the child reaches the age of three is granted at the request of a woman and can also be used by the father of the child ...

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    Having considered the case materials and having studied the arguments of the cassation complaint, the Cassation Board finds no grounds for satisfying it. According to paragraph 13 of Article 11 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”, female military personnel are granted maternity leave, as well as parental leave in the manner established by federal laws and other regulatory legal acts. Russian Federation. Article 256 of the Labor Code of the Russian Federation establishes that parental leave until the child reaches the age of three is granted at the request of a woman and can also be used by the child's father ...

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    Appendix
    to the order of the Minister of Defense of the Russian Federation
    dated November 10, 1998 N 492

    Scroll
    activities that are carried out if necessary without limiting the total duration of the weekly service time of military personnel

    With changes and additions from:

    1. Activities related to the introduction of the highest levels of combat readiness or the announcement of mobilization, including for training purposes.

    2. Combat duty (combat service).

    3. Measures for operational and combat training of military command and control bodies and troops (forces):

    operational exercises;

    operational-tactical exercises;

    tactical exercises with live fire;

    command and staff and staff exercises;

    command and staff training;

    tactical-special exercises;

    experimental and research exercises;

    mobilization and special exercises;

    flight tactical exercises;

    war games;

    maneuvers of troops (forces);

    operational field trips;

    ships (vessels) and submarines out to sea, aviation sorties according to the combat training plan, fulfillment of the tasks of supporting the forces of the fleet, inter-base transitions and in emergency circumstances.

    4. Checking the state of combat and mobilization readiness, organization of combat work, performance of special tasks, combat training:

    planned;

    sudden;

    final (control).

    5. Inspection of troops (forces).

    6. Carrying out state, factory and sea trials of newly developed or modernized models of weapons and military equipment.

    10. Implementation of activities in the zones state of emergency. Participation of troops in ensuring the state of emergency.

    11. Implementation of measures to eliminate accidents, catastrophes and natural disasters, quarantine measures.

    13. Loading (unloading) of weapons and ammunition on carriers, the production of which cannot be stopped without the completion of technological processes.

    14. Participation in maintenance or restoration activities international peace and security.

    15. Fulfillment of combat and (or) special tasks determined by legislative and (or) other regulatory legal acts of the Russian Federation.

    And other regulatory legal acts of the Russian Federation. The involvement of these military personnel in the performance of military service duties in excess of the established duration of weekly service time in other cases is compensated by rest of the corresponding duration on other days of the week. If it is impossible to provide the specified compensation, the time of performing the duties of military service in excess of the established duration of the weekly service time is summed up and provided to the military personnel in the form of additional days of rest, which can be added to the main vacation at the request of the said military personnel. The procedure for recording official time and providing additional days of rest is determined by the Regulations

    1.1. For certain categories of servicemen who are doing military service under a contract in state security bodies, other federal laws may establish a total duration of weekly service time other than that provided for in this article (non-standardized service day). These servicemen are granted additional annual leave of up to 10 days. The procedure and conditions for granting additional annual leave for an irregular working day are determined by the head of the federal executive body in charge of state security.

    2. The length of service time for conscripted military personnel is determined by the daily routine of the military unit in accordance with the requirements of general military regulations. At the same time, the said military personnel are provided with at least eight hours of sleep and two hours for personal needs daily, except for cases determined by general military regulations.

    3. Combat duty (combat service), exercises, cruises of ships and other events, the list of which is determined by the Minister of Defense of the Russian Federation (the head of another federal executive body or federal state body in which military service is provided for by federal law), are carried out, if necessary, without restriction total weekly working hours. Additional days of rest, compensating military personnel for participation in these events, are not counted towards the main and additional holidays and are provided in the manner and on the conditions determined by the Regulations on the procedure for military service.

    Contracted military personnel participating in events that are held, if necessary, without limiting the total duration of weekly service time, at their request, instead of providing additional days of rest, monetary compensation in the amount of a monetary allowance for each additional day of rest may be paid. The procedure and conditions for the payment of monetary compensation shall be established by the head of the federal executive body or the federal state body in which military service is provided for by federal law.

    (see text in previous edition)

    (see text in previous edition)

    4. Conscripted servicemen, as well as contract servicemen in military professional educational organizations and military educational organizations of higher education and training military units, are provided with at least one day of rest every week. The rest of the servicemen doing military service under the contract are provided with at least one day of rest weekly, but not less than six days of rest per month.

    (see text in previous edition)

    Rest days are provided to military personnel on weekends and holidays, and when they are involved in military service duties on these days, rest is provided on other days of the week.

    5. Contracted servicemen are granted annual basic leave.

    The duration of the main vacation is set:

    military personnel whose total duration of military service in a preferential calculation is less than 10 years - 30 days;

    military personnel whose total duration of military service on a preferential basis is 10 years or more - 35 days;

    military personnel whose total duration of military service on a preferential basis is 15 years or more - 40 days;

    military personnel whose total duration of military service on a preferential basis is 20 years or more - 45 days.

    The duration of the main leave of military personnel undergoing military service under a contract in the year of entering the military service under the contract and in the year of dismissal from military service is calculated in the manner determined by the Regulations on the procedure for performing military service.

    Military personnel doing military service under a contract in the regions of the Far North, areas equated to them and other areas with adverse climatic or environmental conditions, including remote ones, as well as in military positions, the performance of military service duties in which is associated with increased danger to life and health, the duration of the main leave is increased by up to 15 days or an additional day of rest is provided in accordance with the standards established by the Regulations on the procedure for military service. At the same time, the total duration of the main vacation, taking into account the additional days of rest, cannot exceed 60 days, not counting the time required to travel to the place of use of the vacation and back.

    (see text in previous edition)

    (see text in previous edition)

    At the request of servicemen undergoing military service under a contract, the main leave may be granted to them in installments.

    Paragraphs eleven - fourteen became invalid from January 1, 2008. - Federal Law of 06.07.2006 N 104-FZ.

    (see text in previous edition)

    Military personnel who have received secondary vocational education or higher education in a military professional educational organization or a military educational organization of higher education are granted basic leave immediately after receiving the appropriate education.

    (see text in previous edition)

    The duration of the main vacation of military personnel is increased by the number of days required to travel to the place of use of the vacation and back, but not less than one day one way. If the main leave is granted to military personnel in parts, then the time required to travel to the place of use of the leave and back is provided once.

    5.1. Servicemen who are veterans of military operations specified in the Federal Law "On Veterans" (as amended by Federal Law No. 40-FZ of January 2, 2000) are granted leave of 15 days.

    (see text in previous edition)

    6. Military personnel serving under a contract are provided with educational leave to prepare for entrance examinations and pass entrance examinations when enrolling in educational programs of secondary vocational education and higher education, passing intermediate and final certification for these educational programs in the manner established by the federal laws and other regulatory legal acts of the Russian Federation.

    (see text in previous edition)

    7. Military personnel undergoing military service under a contract, as well as cadets of military professional educational organizations and military educational organizations of higher education, prior to the conclusion of a contract with them for military service during the period of study in these educational organizations, are provided with vacation leaves during breaks in training sessions for periods determined by this Federal Law and the Regulations on the procedure for performing military service. The vacation leave granted to the specified military personnel in the summer (summer vacation leave) is the main vacation, and the vacation leave provided in the winter (winter vacation leave) is additional leave and is not counted towards the main vacation.

    (see text in previous edition)

    8. Contracted servicemen who are applicants for academic degrees are granted sabbatical leave in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

    (see text in previous edition)

    9. Servicemen, on the basis of the conclusion of the military medical commission, are granted sick leave.

    9.1. Servicemen subject to medical and psychological rehabilitation in accordance with paragraph 2.1 of Article 16 of this Federal Law are granted rehabilitation leave for the period of medical and psychological rehabilitation in the manner determined by the Regulations on the procedure for military service.

    The issue of involving servicemen to work outside the limits established by the Constitution of the Russian Federation, other regulatory legal acts of the country, including those regulating the life and activities of a serviceman, is not even discussed in military units as a matter of course. Service time, smoothly passing from day to day, often including weekends and holidays, has become the norm in military units. And this applies not only to units of constant combat readiness. But who can imagine that commanders who engage officers and other categories of military personnel under contract to perform official duties in excess of the established weekly duty time often abuse their rights and grossly violate the rights of the military personnel themselves.
    Violations begin with the absence in most units, as practice shows, of the corresponding Service Time Log, which, in excess of the established one, the serviceman spent on resolving issues of military service due to the need or whim of the father commanders. The obligation to keep such a journal and its form are prescribed in the Regulations on the procedure for military service (Appendix 2). The same procedure for accounting for service time requires contracted servicemen to confirm by signature the correctness of keeping accounting records. There is no magazine, no signatures - it means that the serviceman was not involved in the performance of military service duties beyond established norm weekly working time, or did not participate in activities carried out without limiting the total duration of the weekly working time, and, therefore, is not entitled to demand additional days of rest, vacation, etc.

    As for the abuses of command in terms of attracting or, more precisely, forcing military personnel to stay longer in the service than established by the official time regulations (daily schedule), we can say the following: the involvement of military personnel, like any other employees, in work, performance of official duties overtime can be episodic but not regular! No law gives the commander the right to use a soldier in Peaceful time at your discretion for as long as you like. The limitation on the commander's rights is confirmed, among other things, by the limited number of days of rest provided to military personnel under the contract as compensation for overtime activities.

    In progress judicial protection the right of a serviceman to personal time, the provision of additional rest time, the court evaluates the available appropriate evidence in the case - the existence of the Service Time Log and its contents. If a serviceman is not interested in his rights and he does not require keeping records, does not control the correctness of filling it out, then one should not expect a miracle and intercession from the court either. As a rule, in the absence of written evidence of the involvement of a serviceman in the performance of duties in excess of the established weekly duration of the standard of service time, applications (complaints) should be denied. This, theoretically, should have spurred commanders of all levels to restore order in this matter and protect the rights of subordinates. But, as practice shows, the interests of subordinates for many, many bosses are far from being in the first places.
    And as a confirmation of the foregoing, I cite the text of the Procedure for recording official time.

    Appendix No. 2
    to the regulation
    military service
    ORDER
    TIME RECORDING AND PROVISION
    ADDITIONAL REST DAYS

    1. Accounting for the time of engagement of military personnel undergoing military service under a contract to perform military service duties on working days in excess of the established duration of weekly service time (hereinafter referred to as overtime) and separately accounting for the involvement of these military personnel in military service duties on weekends and holidays (in hours), as well as accounting (in days) of the additional days of rest provided to them in accordance with paragraph 1 of Article 11 of the Federal Law "On the Status of Military Personnel" and the rest time provided to them (in hours) is kept by the unit commander in the journal.
    2. The form and procedure for keeping a journal are established by the head of the federal executive body in which military service is provided.
    The correctness of the entries in the journal is confirmed weekly by the signature of the serviceman.
    3. When the total overtime (total time of performance of official and special duties on weekends or holidays, taking into account the time required for the serviceman to arrive at the place of service from the place of residence and back) reaches the value of the daily time established by the official time regulations for execution official duties, a serviceman undergoing military service under a contract, at his request, is provided with additional days of rest on other days of the week or they are added to the main vacation.
    Additional days of rest in the amount of not more than 30, added to the vacation, are not included in the duration of the main vacation.
    4. Information on the number of additional days of rest added to the main leave is submitted by the unit commander to the headquarters of the military unit (personnel body).
    5. The time of involvement of a serviceman who is doing military service under a contract to events held without limiting the total duration of weekly service time is taken into account in days. For every three days of involvement in these events, the specified serviceman is provided with two days of rest, established by paragraph 3 of Article 11 of the Federal Law "On the Status of Servicemen" (based on the distribution of service time and rest time in one day - 8 hours and 12 hours). Rest time, compensating for participation in these events, is provided to a military serviceman under contract, as a rule, at the end of these events, taking into account the need to maintain the combat readiness of the unit and the interests of the service.
    6. Servicemen (including conscripted servicemen) who participated in the campaigns of ships (vessels, submarines), long-range flights of aircraft, space flights, or who performed special tasks for more than one month to restore constitutional order, who took part in the implementation emergency measures, in the aftermath of natural disasters and other emergencies, instead of additional days of rest for medical and psychological rehabilitation and restoration of health, rest for up to 30 days (rehabilitation leave) can be organized.