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Decree of the President of the Russian Federation of 16-09-99 1237 (ed 11-02-2013, with changes that have entered into force from 11-02-2013) questions of passage ... Actual in 2018

Article 34. The procedure for the dismissal of military personnel with military service and exclusion of them from the list of personnel of military unit

2. The dismissal of servicemen from military service is made according to one of the grounds provided for in Article 51 of the Federal Law, in accordance with this article, as a rule, with military positions held by military positions without enrollment to the relevant commanders (chiefs).

At the same time, military personnel are dismissed after the expiration of military service or early.

4. The soldier undergoing military service under the contract may be advanced from military service:

4.1. The servicemen who concluded a contract for military service in the period of military service for the call to be dismissal from military service on the grounds provided for by subparagraphs "in" and "e" clause 4 this article, and at the time of the dismissal of the military service for the call, sent to the passage of military service. At the same time, the duration of military service under the contract is counted by him on the term of military service upon call within the calculation of the two days of military service under the contract for one day of military service.

(as amended by the Decree of the President of the Russian Federation from 01/16/2008 N 50)

d) due to the empowerment of the highest officer (senior manager executive organ state power) the subject of the Russian Federation or the appointment of it temporarily acting by the highest official (head of the senior executive body) of the subject of the Russian Federation or the election (appointment) by his member of the Federation Council of the Federal Assembly of the Russian Federation (subparagraph "G" of paragraph 3 of Article 51 of the Federal Law);

e) in connection with the election of his deputy of the State Duma of the Federal Assembly of the Russian Federation, a deputy of the legislative (representative) authority of the state of the constituent entity of the Russian Federation, a deputy representative organ municipal Education either the head of the municipality and the implementation of these powers on a permanent basis (subparagraph "d" of paragraph 3 of Article 51 of the Federal Law).

(as amended by the Decree of the President of the Russian Federation from 01/16/2008 N 50)

8. Dismissal from military service is produced:

a) senior officers - decrees of the President of the Russian Federation;

b) Colonelovnikov, captains of 1 rank, as well as military personnel issued from military service in connection with the transition to the service in the internal affairs bodies of the Russian Federation (federal tax police, customs authorities of the Russian Federation, institutions and bodies of the criminal office, state fire service Ministry of the Russian Federation for Affairs civil Defense, emergency situations and eliminating the effects of natural disasters) (subparagraph "b" of paragraph 2 of Article 51 of the Federal Law), by the heads of federal bodies executive powerwhich provide for military service;

18. The serviceman undergoing military service under the contract and has not achieved more than age staying in military service, can not be dismissed from military service without his consent prior to acquiring them to retire the right for long service, except for cases of early dismissal on the grounds established by the Federal Law.

19. A serviceman undergoing military service, as well as concluded a contract for the passage of military service during the passage of military service (including studying in a military-educational institution), can not be ahead of time dismissed from military service before the expiration established for it The term of military service upon call, with the exception of the grounds provided for by subparagraphs "in" - "w" of paragraph 1, paragraphs and article 51 of the Federal Law.

When calculating the term of military service of this serviceman, the term of military service on the call and the term of military service under the contract in the manner determined by the Federal Law and this Regulation is taken into account.

20. Dismissal from the military - educational institution The maintenance of a serviceman for the basis of subparagraph "w" of paragraph 1 of Article 51 of the Federal Law is made by the head of the military - educational institution, from where the soldier is expelled, or another official who is given the right to dismiss this serviceman.

21. Officers and ensigns (Michmans), flawlessly served in military service of 20 years and more as a calendar calculation, and having special merits to the Russian Federation - regardless of the total duration of military service, when dismissal from military service, the orders of officials engaged by dismissal To be given the right to carry the military form of clothing and the signs of differences, except for those dismissed on the grounds provided for by subparagraphs "d" and e "clause 1 and subparagraphs" in "-" d "of paragraph 2 of Article 51 of the Federal Law.

Officers dismissed from military service by the President of the Russian Federation, the right to carry the military uniform of clothing and the signs of difference is provided by the head federal Body The executive authority in which the military service is provided.

22. Restoration of a citizen in the military service in accordance with the court decision is made by the cancellation of the order to dismiss the serviceman from military service. The cancellation of the order of the dismissal of the serviceman from military service is made by an official who published an order, or his direct boss.

23. Military service ends on the day of excluding a military personnel from the lists of the military unit in connection with the dismissal from military service, death (death), recognition of the missing or declaration of the dead.

24. The soldier dismissed from military service should be excluded from the lists of the personnel of the military unit on the expiration date of his military service (dismissed early - no later than the expiration date of his military service) and no later than a month from the date of receipt in the military unit Extracts from the order of the dismissal of a serviceman from military service, with the exception of cases provided for in paragraph 11 of Article 38 of the Federal Law and this Regulation.

25. Dismissal from the military service of pregnant women - military personnel, women who have children under the age of three, as well as children with disabilities or disabled people from childhood until they reach the age of 18 (lonely mothers who have children under 14 years old ), not allowed, except when the servicemen are subject to dismissal from military service based on the grounds provided for by subparagraphs "A", "in" - "F" of paragraph 1 of Article 51 of the Federal Law, or when the dismissal is carried out by their desire.

Women are military personnel who are on maternity leave or on child care leave cannot be excluded from the lists of the personnel of the military unit.

26. The deceased (deceased) serviceman is excluded from the list of personnel of military unit from the next day after the day of death or death, and a soldier recognized in installed manner Lovely missing or declared dead - from the next day after the day of entry into force of the relevant decision of the court.

27. The serviceman convicted of a crime committed to imprisonment, restricting freedom or deprivation of military rank, is dismissed from military service to the relevant basis from the date of the beginning of serving the sentence indicated in the court sentence.

28. The soldier convicted of a crime committed to imprisonment conditionally, by decision of the relevant official who was given the right to dismissal, can be left at military service.

29. During the serving of the arrest, a convicted soldier cannot be dismissed from military service, with the exception of cases of recognition by its unsuitable service under health.

The legislation of the Russian Federation regulates the special procedure for the dismissal of the serviceman under the prescribed grounds, including own willing. This procedure is characterized by complexity and duration. In contrast to ordinary citizens, these persons cannot quit the military service at their own desire without explaining the reasons.

The legislation in the field of regulating the activities of military personnel is less loyally, in comparison with the regulated rules of labor relations for ordinary workers, and does not allow the military to leave the service if there is only their own initiatives. The term of the authority is also increased, which is associated with a more complex procedure, which includes the consideration of the situation at the attestation commission. If the Employer cannot be forbidden to quit a civilian person on his own request, the soldier is more limited in actions. Upon receipt of a negative decision of the attestation commission, if it deems insufficient reasons for the termination of relations, the citizen will not be able to break the contract and leave the service.

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Regulatory framework governing the dismissal of a serviceman and procedure for the implementation of the procedure

Relations arising between the employer and the employee in the context of military service are not regulated by the TC RF, but by the Federal Law "On Military Responsibility". Rates for dismissal are regulated in Article 51 of this Regulatory Act.

It should be noted that the dismissal of the serviceman at his own desire is impossible in the presence of alone willing. For approval of his report, good reasons are needed. For the dismissal of a citizen with military service at his own request, he needs to adhere to the following algorithm:

• Decide for the reason why a citizen must leave military service.
• Create and submit a report on the dismissal commander, an officer, a higher chief responsible for personnel issues. The report should describe in detail the circumstances that impede the further implementation of activities in office.
• The commander or officer, in charge of the personnel issues, directs a document for consideration by the attestation commission.
• The Commission studies the request of the dismissal and documentation, which argues the rootality, the seriousness of the cause, assesses the arguments of the most dismissal.
• Making a decision by the Commission. If the answer is positive, the citizen leaves the service. A negative decision can be appealed in the manner prescribed by law.
• The conclusion of the attestation commission comes to the commander-dismissal commander.

In order for the Commission to approve the report of the dismissal, it is necessary to convince her that the reason for the termination of the service is respectful and really exists. A citizen needs to take care of the collection of documentary evidence that will confirm its position.

Good reasons for dismissal

The reasons for which the person has the right to leave military service are listed in Article 51. It should be decided on one of the following grounds and specify it in the report:

• Lead years.
• Termination of the service in connection with the achievement of age-established age.
• The end of the concluded contract.
• The unsatisfactory state of health, which greatly complicates or makes it impossible to further pass through the military service.
• With regard to a citizen there are grounds for it to be deprived of the title.
• Condemnation of a citizen to imprisonment.
• In connection with the election of the deputy.
• When depriving citizenship.
• When implementing business entrepreneurial activities.
• Other grounds listed in the law.

In Russia, age for dismissal from the Armed Forces of the Russian Federation is 45 years old, if a citizen has a unlucky 25 year old experience, which includes at least 12 and a half years of service in the army. As practice shows, attestation commissions, often make a decision on the basis of reasoning causes in the report, so it is important to pay the maximum attention to this point. The reason should be specified and reinforced by documentary evidence.

Features of reporting

The legislation prescribes, if desired, to quit from the Armed Forces of the Russian Federation to draw up the will in writing in the form of a report. It is necessary to submit it to a commander or officer, which is managed by the decision of personnel issues. The report replaces the application that the desire is made to stop labor activity In a particular organization in civilians. The requirement of registration of the will is precisely in such as enshrined in Art. 106 Disciplinary Charter of the Armed Forces of the Russian Federation. The text of the report is compiled in free form, the legislation does not contain a special template for registration of such a type of documentation. However, in order for it to be accepted and reviewed, you must specify the following information:

• Information about the commander of the military unit, an officer, in charge of the personnel issues (name, position).
• Information about dismissed.
• Request for early dismissal on its own initiative.
• Circumstances that cause the cause of termination of the service in the army. It is necessary to specify this item as much as possible. From the completeness of the argument will depend on the decision of the Attestation Commission. It is advisable to specify at least two times.
• Request for the consideration of the question of the Attestation Commission.
• Request or rejection of the passage of medical examination.
• Request for the direction of a personal affairs in the military registration and enlistment office of the area of \u200b\u200bresidence.
• List of documents serving the application.
• Date and signature of the serviceman.

Important! The serviceman must prepare and attach to the report of evidence of the reasons for dismissal at their own request. The paper is drawn up in two copies, one must be saved. He will serve as evidence if the commander will shy away from the transfer of report on the trial of the attestation commission.

Payments made by a serviceman when dismissing

Payments that will receive the fired, are appointed depending on the department where the service was held, as well as on the basis of the cause of termination of obligations. So, a military person who goes out of the sun, a military pension is laid at service. When dismissal for other reasons, a one-time allowance can be paid, which will depend on the period of stay in the army ranks:

• Payments in the amount of two salaries receive persons who stayed in the service of less than 20 years.
• Seven salary should be citizens who served in the army for more than 20 years.
• One salary can be added to pay, if the dismissed state awards have.

Payments are made to persons who were at the civil service in the army, and contract soldiers who wish to break the contract. Depending on the merit to the state and other special circumstances, other rewards in the money may be paid to the dismissal. A similar premium can be from 1 to 3 salary in addition to the main payment. The amounts of cash transfers will also depend on the title of dismissal and position, which he occupied at the time of the empowerment.

Features of the dismissal of persons undergoing a contract

According to the legislation, citizens undergoing service in the ranks of the Armed Forces of the Russian Federation are required to fully comply with the terms of the contract and can break it only in regulated cases. To implement dismissal before the end of the contract requires good reasons, one desire will not be enough. Determining the seriousness of the reason to rupture the contract The legislator left at the discretion of the attestation commission and the commander of the dismissal. As practice shows, the dismissal of the serviceman under the contract before the end of his action is possible in the presence of the following grounds:

• If relatives or spouses / spouse are not living in the Russian Federation, a contract breaking is possible.
• If the citizen's earnings are not enough to ensure the family, the person has the right to initiate the termination of the contract.
• If there is a man for the care of a serviceman who needs care for health care, the contract breaking can be approved.
• If a woman undergoing military service has seriously worsened a state of health during pregnancy, but there is no reason for dismissal for other reasons, the termination of the contract is possible.

Since the legislation does not specify the most valid reasons for which the contractor and early termination of the contract is possible, other grounds can be used. The reason to terminate commitments on the initiative of the person must be confirmed documented. A contract gap is also possible due to other reasons specified in the regulatory act, for example, in connection with the transfer to the service in the ATS.

Dismissal from military service is an important and final stage of military service, which often faces significant impairment of their rights. These are dismissal from military service without sufficient reasons for guilty actions, with a violation of the established procedure for dismissal, dismissal from military service without the consent of the serviceman to providing housing at the chosen place of residence, or without fully satisfying the money allowed or other types of contentment.

It should be understood that the legislation does not allow the serviceman in unilaterally refuse to fulfill the obligations assumed when concluding a contract for the passage of military service, as provided Labor Code RF, giving an opportunity to terminate labor contract, warning about this employer in two weeks. All the foundation of dismissal with military service provided for by the current legislation of the Russian Federation can be divided into three categories: when the soldier is being dismissed from military service, regardless of the desire of the most military personnel and command (provisions on the procedure for the military service); When a soldier can be dismissed from military service (provisions on the procedure for the military service), for dismissal on the specified grounds in some cases, it is quite desire (will) of the most soldier itself, in other cases the initiative comes from command, in third - dismissal is made on the basis of the will of the military personnel , but with the consent of the command; When a soldier has the right to dismissal (provisions on the procedure for the passage of military service).

Recently, legislation has been significantly tightened, in connection with which the servicemen currently, general rule, Learn the opportunity to choose the foundation of your dismissal from military service. So, if the soldier is dismissed for guilty actions, such as: non-compliance with the terms of the contract, violation of prohibitions, loss of confidence, deprivation of military ranks, the entry into force of the court sentence, the deduction from the military professional educational organization and has another basis, for example, Achieving the maximum age at military service, recognition of a non-profitable or limited to military service, organizational and staff activities, such a soldier cannot insist on dismissal on another basis.chosen to them.

Dismissal at your own request from military service is possible when the serviceman has good reasons (obviously, those not listed in the 4 provisions on the procedure for military service) - to conclude a certification commission. As the Supreme Court of the Russian Federation "under respect for the reasons are the circumstances that objectively do not allow the serviceman fully fulfill the terms of the contract.".

A sample report on dismissal from military service is possible.

It is not always true, the serviceman has grounds that allow him to apply for dismissal at his own request, or his report if there is no such basis, because the attestation commission has prepared a negative conclusion. There are no grounds for appealing such a solution, so in this case, as indicated above, the dismissal on the specified basis is possible, but not necessarily.

Report on dismissal from military service upon reaching the maximum age stay at military service ()

Sample report on dismissal from military service upon expiration of the contract ()

Sample of a report on dismissal from military service for health status in connection with the recognition that is not suitable for military service ()

Sample report on dismissal from military service on Oshm ()

Sample report on dismissal from military service in connection with a violation of a contract of contract terms ()

A sample of a report on dismissal from military service for health status in connection with the recognition of a restless to military service after providing housing / housing subsidy ()

Sample report on dismissal from military service for family reasons ()

Sample report on dismissal from military service at your own request ()

If you think that you were illegally dismissed from military service, or vice versa do not dismiss from military service, you did not have any periods of military service required to appoint a military retirement for years, you need the help of a military lawyer or a military lawyer's advice on issues dismissal from military service, choosing and changing the foundation of dismissal from military service, exceptions from the lists of the personnel of the military unit or restoration in military service in judicial orderIf you need to submit your interests in court, you can contact us.

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The disintegration of a single country, economic and social shocks of the 90s struck in all state institutions. Through the hardest tests, our army was held ... For errors made with numerous inconsistent reforms, which often did not stand anything, except for mechanical abbreviation, had to pay a very expensive price. The modern army is primarily competent, trained people who can apply the most advanced weapons systems. Experts with deep knowledge and high levels general Education and culture. Today, individual requirements for each officer and a soldier are significantly increasing * (1).
The military doctrine approved by the President of the Russian Federation denotes a number of external threats to Russia. It admits that many regional conflicts remain unresolved. Trends to their power permit are preserved, including in the regions bordering the Russian Federation. The existing architecture (system) of international security does not ensure equal security of all states "(paragraph 10 of the military doctrine * ( 2)). Under these conditions, the work on bringing the "structure, composition and number of components of a military organization in accordance with the tasks in peaceful time, during the immediate threat of aggression and in wartime ... "is indicated as a priority direction in the development of the Armed Forces of the Russian Federation (paragraph 35 of the military doctrine). A professional soldier must comply with a number of requirements for a service contract. In case of non-fulfillment of the conditions of the last soldier are subject to early dismissal.

Since the dismissal procedure is associated with the right of a serviceman for labor, it should be carried out in full compliance with the current legislation. Condemned arbitrage practice He indicates frequent and gross violations of the commander of the part and the personnel bodies of the procedure for early dismissal. This is reflected in the prestige of military service, affects the qualifications of personnel workers of the Armed Forces, "loads" the judicial authorities with the consideration of "losses" for the Ministry of Defense of the Russian Federation disputes. Please note that it considers the issues of dismissal of servicemen only the Ministry of Defense, without regarding the practice of dismissal on this basis in other departments.

Early dismissal from military service due to non-fulfillment of contract terms: general provisions

The regulatory and legal framework for the dismissal of servicemen are enshrined in section VII of the Federal Law of March 28, 1998 N 53-FZ "On Military Responsibilities and Military Service" * (3) (hereinafter - the Federal Service for Military Service) and in Art. 34 Regulations on the procedure for passing military service * (4) (hereinafter referred to as the Regulation on the procedure for the passage of military service). An important role is also played by a judicial practice that develops in a certain Military District, as well as the explanations of the highest judicial bodies - the Constitutional Court of the Russian Federation and Supreme Court RF (the author considers them further).
If the terms fails are not fulfilled on the service of the service, the soldier may be ahead of schedule on the basis of sub. "V" paragraph 2 of Art. 51 FZ about military service - in connection with the failure of the contract conditions. Dismissal under this legal norm is an extreme measure of impact on the serviceman. Before submission to dismissal, all other measures of impact should be exhausted.
In the context of this topic, it is important to clarify the term "non-fulfillment of the contract", and consequently, the duties of the serviceman and the terms of the contract itself.
Section V Federal Law on Military Service regulates the issues of admission to military service under the contract. Here is Article 32 in general describes the conditions service Contract. It:
- voluntary of the arrival of a citizen (foreign citizen) for military service;
- the period during which a citizen (a foreign citizen) undertakes to undergo military service;
- the responsibility of a citizen (foreign citizen) to undergo military service during the term established by the contract, conscientiously execute all the general, official and special duties of military personnel;
- the right of a citizen (foreign citizen) to comply with his rights and rights of members of his family, including receipt social guarantees and compensation established by legislative and other regulatory legal acts of the Russian Federation, which determine the status of military personnel and the procedure for passing military service.
The typical form of a contract for the passage of military service is in the Regulations on the procedure for the passage of military service. From the analysis of the typical form of a service contract it is seen that the conditions for the passage of military service are divided into the rights and obligations of the military personnel.
In the text of a typical contract (and in practice in this form, it lies with the military personnel of the Ministry of Defense of the Russian Federation) does not disclose the duties of the serviceman. There is also no regulatory relationship with non-compliance with the terms of the contract. At the same time, non-compliance with the terms of the contract logically consider non-fulfillment of a serviceman of a number of responsibilities.
Common duties of military personnel are established in Art. 26 of the Federal Law of May 27, 1998 N 76-FZ "On the status of military personnel" * (5). It:
- protection of sovereignty and territorial integrity, defense and security of Russia, as well as the fulfillment of tasks in accordance with international obligations of the Russian Federation;
- strict compliance with the Constitution and the Laws of the Russian Federation, the requirements of the Principal Communications;
- unquestioning execution of orders of commanders;
- constant readiness for the use of weapons and military equipment;
- discipline, vigilance of a serviceman, the ability to store state and military secrets;
- Compliance with generally accepted principles, norms international law and international treaties Russian Federation.
Official and special duties of military personnel are generally marked in Art. 27 of the Federal Law "On the status of servicemen." This norm is sent down and implies the use of the provisions of the Internal Service Charter, the Disciplinary Charter of the Armed Forces of the Russian Federation * (6) (hereinafter referred to) and other regulatory legal acts of the Russian Federation. At the same time, official duties are determined by the position in which the serviceman hosts service, as well as by the relevant manuals, instructions, regulations, instructions or orders of commanders (chiefs). Official duties denote the powers of the soldier and the circle of tasks performed by them * (7).
Special duties are carried out by military personnel on combat duty (combat service), in daily and garrison dresses, in cases of their involvement to eliminate the effects of natural disasters, as well as other emergency circumstances (Art. 25 of the Internal Service Charter * (8)).
Thus, the content of common, official and special duties of military personnel is due to the being of military duty - to protect the state sovereignty and territorial integrity of the Russian Federation, to ensure the security of the state, reflect the armed attack and perform combat missions. In this regard, the "Contract for the passage of military service has a significant specificity due to legal nature Military relations, which are based on the principle of uniqueness, involving strict subordination and unquestionless subordination of the orders of the commander (chief), and consequently, presenting to a serviceman of special, increased requirements for the fulfillment of obligations taken by him when concluding the obligations regulatory legal regulation The consequences of their non-compliance "* (9).
Subparagraph "in" paragraph 2 of Art. 51 The Federal Law of the Military Service admits the dismissal of the serviceman in connection with the non-fulfillment of the terms of the contract. However, the law under consideration does not disclose the content of the concept of "non-compliance with the terms of the contract." We will not find him in the Regulations on the procedure for the passage of military service. When considering the issue of early dismissal of the serviceman on the basis of the specified subparagraph before the law enforcement, a rather complicated task is worthwhile. The commander of the part must be compared: How did the failure of the servicemen affect the non-fulfillment of the terms of the contract? That is, in fact, it is necessary to prove the causal relationship between the failure of the servicemen of their duties and harm, the damage that was caused or could be caused by the interests of military service. At the same time, two points will be key:
- the legitimacy of the imposition of certain duties on the military personnel;
- Have there been significant violations of the terms of the contract.
This determines the circle of circumstances to be clarified by the court when considering this category of civil cases.
The term "non-fulfillment of the contract conditions" implies that a significant violation (non-fulfillment) of the terms of the contract has been admitted to the servicemen.
The Supreme Court of the Russian Federation in the Regulation of May 29, 2014 N 8 "On the practice of applying the laws of military duty, military service and the status of military personnel" explained the wording "Failure of the Contract Conditions" in relation to early dismissal. So, the failure to comply with the terms of the contract for the foundation under consideration for dismissal is only significant (significant) deviations from the requirements of the legislation on military duty and military service. For example:
- committing guilty actions (inaction), indicating the absence of the servicemen of the necessary qualities to properly fulfill the responsibilities of military service;
- committing one of the coarse disciplinary misconduct;
- Completion disciplinary offense if it has unnecessary disciplinary recovers;
- committing a criminal offense or administrative offense for which the soldier is responsible for general grounds;
- other legally significant circumstances, allowing the specificity of the service life of the serviceman under the contract to conclude that he stopped satisfying the requirements of the legislation on military duty and military service * (10).
Here, the Supreme Court explains that if the soldier in his business and personal qualities stopped compliance with the requirements for the undergoing contract, then early dismissal is possible only according to the results of the consideration of its materials on the attestation commission. Consider this question.

Dismissal of the serviceman in connection with non-compliance with the terms of the contract on the results of certification

As clarifies Constitutional Court RF, "Failure to fulfill the terms of the conditions of the military service contract does not agree with its special public-legal status as a person exercising constitutionally significant functions. Termination of military-service relations with military personnel is a regular response of the state to these servicemen of acts, testifying to violating them duties of military service "* (11). At the same time, the legislative consolidation of the possibility of early dismissal from military service is aimed at ensuring the proper performance of official duties.
Unreleased disciplinary recovery and negative characteristics of the service may be the basis for certification for compliance with the servicemen and requirements for persons undergoing a contract.
Questions of certification of servicemen in the system of defense regulate two legal Act:
- Regulations on the procedure for the passage of military service (Section VI "Procedure for certification of servicemen, certification commissions");
- Order of the Minister of Defense of the Russian Federation of February 29, 2012 N 444 "On the procedure for organizing and conducting certification of military personnel overgoing military service under the contract in the Armed Forces of the Russian Federation" * (12) (hereinafter referred to as certification).
The purpose of the certification is a comprehensive, an objective assessment of military personnel undergoing military service under the subject of their compliance with military post and the prospects for further official use * (13). In the case under consideration, the task of the attestation commission is to assess the reasons that can serve as the basis for early dismissal of the serviceman.
The Constitutional Court of the Russian Federation noted that "... Certification is a special legal instrument, the use of which allows you to evaluate the willingness of a serviceman to fulfill military debt and obligations to protect the Fatherland, expressing not only in high professionalism, but also in special personal qualities, as well as in relation to execution duties stipulated by the contract for the passage of military service. The certification procedure suggests an impartial and comprehensive consideration of the appropriate materials by members of the attestation commission and the adoption of solutions based on collegiality, taking into account equal extent of all circumstances that are important for the comprehensive characteristics of the serviceman, including the reasons for their disciplinary misconduct, other deviations from the requirements for servicemen, the presence of unreasted disciplinary recovers "* (14).
The composition of the attestation commission is announced by the order of the commander of the military unit.
According to paragraph 6 of Art. 26 Regulations on the procedure for the passage of military service on the certificate of the serviceman directly (direct) the head is a certificate list.
According to paragraph 6 of the order of certification, the meeting of the certification commission is carried out with the participation of the certified serviceman, his immediate or direct chief when considering a certification sheet, which contains the conclusion about the inconsistency of the military personnel of the military position or a review, which shows the existence of significant deficiencies in the fulfillment of common, Official or special duties, as well as in the presence of a statement of a serviceman about disagreement with the presented certification list and the response set out in it.
In the conclusion of the Commission, it is indicated for compliance (inconsistency) of the serviceman of the position, as well as the opinion of its further official destination. At the same time, recommendations may be made on the dismissal of the serviceman in connection with the failure to comply with the terms of the contract.
The soldier must be familiar with the content of certification, as described in an approved attestation sheet.
To ensure the implementation of approved conclusions on certification of servicemen headquarters (personnel authorities) military units There are obliged to file lists of military personnel certified for early dismissal (paragraph 13 of the procedure for holding certification).
Judicial practice shows that the participation of a serviceman at a meeting of the attestation commission when considering the issue of early dismissal in connection with the non-fulfillment of the terms of the contract necessarily. Consider on the example.

Example
By order of the commander of the troops of April 28, 2011. "Lieutenant Colonel E. Afraidly dismissed from military service in connection with the failure to comply with the terms of the contract based on the fact that on April 6, 2011, an incident occurred in stock. From the protocol of the meeting of the certification commission, it follows That the idea of \u200b\u200bdismissal by E. On the basis of the above, the foundation was considered only on April 29, 2011. The conclusion of the attestation commission and direct commanders decided to decide on the applicant's early dismissal. " Further, the court came to the conclusion that the procedure for the representation of Lieutenant Colonel E. to dismissal from military service was violated.
1. The decision on the dismissal of E. from military service was taken after the incident in the warehouse. At the same time, his fault in the incident was not proven.
2. Order of the dismissal E. dated April 28, 2011, and all documents on the applicant's submission to the dismissal was made on April 29, 2011. * (15)
Based on the fact that the order of certification was broken, and the soldier did not participate in its holding, the court recognized the action of the commander to publish the order of dismissal by E. from military service illegal.

Of course, it is possible to conduct a certification commission and without the participation of the serviceman. Then he must be notified in advance about the upcoming meeting, and the Commission should conclude on the disrespectful causes of the absence of a serviceman. These facts and circumstances must be confirmed documented.
Attestation order is a mandatory stage of the procedure for early dismissal of a serviceman who, according to his business and personal qualities, does not comply with the requirements for persons undergoing military service. The Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation are jointly in the opinion that only the certification procedure is able to provide the necessary degree of completeness, objectivity and comprehensiveness when evaluating whether the soldier is responsible for continuing the services * (16). At the same time, the Constitutional Court of the Russian Federation noted that the mechanism for holding an extraordinary certification of military personnel needs to be improved in part of the determination of the grounds, rules and timing of its conduct.

Early dismissal of a serviceman convicted of a crime to punish, not related to imprisonment, deprivation of military rank or deprivation of the right to occupy military posts

The Federal Law of the Military Service in imperative form establishes the grounds for the dismissal of the serviceman in connection with:
- deprivation of his military rank;
- entry into force of the court sentence on the appointment of a sentence to a sentence in the form of imprisonment;
- the entry into force of the court sentence on the appointment of a serviceman undergoing military service under the contract, punishment in the form of imprisonment conditionally for a crime committed intentionally;
- the entry into force of the court sentence to deprive the serviceman of the right to hold military positions during a certain period.
The question of the possibility of early dismissal of the serviceman in connection with the failure to fulfill the terms of the contract in case of condemning it for committing a crime to punish, not related to the deprivation of liberty or deprivation of military rank or the right to hold military posts, was the subject of consideration by the Constitutional Court of the Russian Federation. This is important both for practice and for theory.
The Constitutional Court of the Russian Federation explained that the command is entitled to make a decision on early dismissal from military service based on the basis of subparagraph "in" 2 Article. 51 FZ on military service, with respect to the military person who, by the sentence, prescribed a sentence not related to the deprivation of liberty (real or conditional), deprivation of military title or the right to hold military posts. However, there should be good arguments that the character of the committed act "excludes for him a further passage of military service" and "... The fact of committing a crime is clearly indicated by a violation of the most important duties of the Defender of the Fatherland, including the obligations to strictly comply with the Constitution of the Russian Federation and the laws, comply with high moral requirements, to value military honor, i.e. on the failure to comply with the terms of the contract "* (17). At the same time, the commander occurs only the possibility, and not the obligation to take this reason for early dismissal.
To represent a serviceman for early dismissal, not only the fact of its conviction for committing a crime. The fault of the serviceman, the severity and the consequences of the criminal act committed them should be taken into account when assessing the compliance of the serviceman of the service contract with the requirements of the service contract. In this regard, the Constitutional Court of the Russian Federation confirmed that the procedure for dismissal in a certification order for persons convicted of committing a crime to punish, not related to the deprivation of freedom, deprivation of military rank or deprivation of the right to hold military posts, is obligatory. However, dismissal on this basis is possible only within the maturity of the criminal record * (18).
By analogy, it can be brought in an example and part 5 tbsp. 34 of the Federal Law of the Military Service, according to which a citizen should be denied a contract for the passage of military service:
a) in respect of which convicted sentence was made and punished;
b) in respect of which the inquiry is conducted or preliminary investigation or in respect of which the criminal case was transferred to the court;
c) having an incomparable or outstanding conviction for committing a crime;
d) serving a sentence in the form of imprisonment.
The conclusion that the decision on the early dismissal of a soldier cannot be based only on the fact of his conviction, is reflected in judicial practice.

Example
Thus, the applicant T. appealed to the court demanding about the abolition of orders for his early dismissal * (19). The basis for the publication of an order about the early dismissal of the applicant was the submission of the commander of the military unit, which approved the conclusion of a certification commission that the soldier does not comply with the position occupied due to the condemnation of its garrison military court for committing a crime under part 1 of Art. 115 of the Criminal Code of the Russian Federation, with the appointment of punishment in the form of a fine.
The court of first instance agreed with the conclusions of the attestation commission and recognized the legal order of the commander of the troops on early dismissal due to the failure to comply with the terms of the contract, indicating that the executive committee of the crime certainly demonstrates common duties Military persons about the strict compliance with the laws of the Russian Federation, and, as a result, with violation of the terms of the contract.
Between those court appeals instance It was established that the applicant for the entire period of military service had only one disciplinary recovery - a reprimand announced by the order of the commander of the military unit for the loss of identity card. From the characteristics of the commanders military units And it seems that the serviceman T. is characterized exclusively on the positive side, official duties fulfill in full.
District Military Court determined: "With such data, the conclusion of the attestation commission of the military unit that T. does not comply with the position being held, which was the basis for the presentation of the latter to the challenged dismissal, as well as the conclusions of the garrison military court on the sufficiency of the grounds for early dismissal of T. with Military service on the contested base cannot be recognized as reasonable, as they are not confirmed by objective data. " The decision of the court of first instance was canceled.

Interesting and the following example of practice.

Example
In 2011, the applicant L. committed a crime in service, provided for by part 1 of article 159 of the Criminal Code of the Russian Federation (fraud). The criminal case was discontinued by the court in connection with the active repentance, i.e. According to the unrealistic base (in court the applicant did not dispute this fact).
The Baltic Fleet Military Court supported the decision of the court of first instance: "... the fact of the termination of the criminal prosecution of L. is only due to his active repentance, contrary to his mistaken opinion, confirmed the commission of the crime and at the same time they canceled everything legal consequencesassociated with attracting to criminal responsibilityBut not with the fact of his attitude to the fulfillment of the conditions of the contract concluded by him on the passage of military service and not with the fact of the gross violation of these conditions.
The court of first instance pointed to the decision and the fact that under the circumstances set out the fact of the conscientious service of the applicant before and after the commission of the crime does not question the legality of the grounds for the early dismissal of the applicant from military service in connection with the non-fulfillment of the contract conditions "* (20). So As a citizen of L. was excluded from the lists of part on the basis of a legitimate issued order of dismissal from military service and his right to provide various types of satisfaction with the exclusion from the lists of part were not violated, then the procedure for dismissing it from military service in connection with the non-fulfillment of contract terms The court recognized legal.
Similarly, when a criminal case is terminated due to reconciliation with the victim, a soldier can be dismissed from military service due to non-compliance with the terms of the contract. Thus, senior lieutenant A. appealed to the court with a statement about challenging the order of the fleet commander, which the applicant was ahead of schedule for the foundation under consideration. "Failure to fulfill these servicemen of the terms of the contract for the passage of military service, the fleet commander considered that A. In 2010, for various omissions in the service four times, it was attracted to disciplinary responsibility and, moreover, on May 3, 2010, driving a vehicle, violated the rules roadWhat led to a traffic accident, as a result of which a man died "* (21). Business materials, namely orders and records in service CardIt was shown that the soldier along with one promotion was filmed four times to disciplinary responsibility for various omissions in service. Also in the attestation sheet, the applicant was characterized by "from the mediocre part", "demanded control" for the execution of them official duties, in increasing his knowledge "was engaged in uniseumatatically", in common charters in daily activities "Not always guided", I had "low discipline and steady".
Criminal case on charges of the applicant in committing a crime provided for in part 3 of Art. 264 of the Criminal Code, it was discontinued due to reconciliation with victims. The decision to terminate the criminal case A. did not appeal. According to the court, "agreeing with the termination of this criminal case with respect to him, A. Thus, recognized the accusation of this publicly dangerous criminal acting. In this regard, the termination of a criminal case on non-rehabilitating grounds by virtue of Art. 25 and h. 2 Art. 27 of the Code of Criminal Procedure of the Russian Federation and contrary to the erroneous opinion of the applicant about the opposite did not refute the fact of a gross violation by them when managing the vehicle traffic rules and the coming in connection with this negative consequencesthat, in turn, also negatively characterizes A. ". The indicated violations of the rules of the road and the Criminal Code of the Russian Federation, which the applicant, after the conclusion of a contract for the passage of military service, was to comply with the negative attitude of this serviceman to the execution of the provisions of the current legislation * (22 ). The court came to the conclusion that the Commander faithfully regarded the negative behavior of this soldier and its negative characteristics as non-fulfillment of A. Conditions of the concluded contract for the passage of military service. Thus, the commander of the Baltic Fleet, making an order for the early dismissal of senior lieutenant A. from military service In connection with the failure to comply with the terms of the contract, in the current situation acted legitimately and reasonably, within the limits provided to him official authority, and the order published and challenged by the applicant is legal.
Crime - guilty of the community dangerous Actprohibited by the Criminal Code of the Russian Federation under the threat of punishment (part 1 of article 14). The crime, depending on the subject of the encroachment, violates the interests of the state, society, personality.
Due to the specifics of military service, the soldier must protect government interests, socially significant and personal benefits. This is due to the presentation of high demands, including a moral plan. The commission of crime servicemen (as a proven fact) indicates its inconsistency of the position. At the same time, the dismissal procedure, eliminating the possibility of errors and "unfair discretion", should be clearly complied.
In contrast to the crime administrative offense Do not have signs of public danger, but only causes harm to the interests and benefits protected and protected law. However, the anti-paragraph, in some cases, the lengthy nature of administrative offenses negatively affects public relations. And in general, in the state of security and security of the personality in society, the stability of the institutions of the authorities, the development of national potential. In this regard, special attention should be paid to the certification procedure, if the reason for submission to early dismissal is the commissioning of the administrative offense.

Committing an administrative offense as a reason for the presentation to early dismissal

According to Art. 2.1 of the Administrative Code, the administrative offense recognizes the illegal, guilty effect (inaction) of physical or legal entityFor which the COAP of the Russian Federation or regional laws have established administrative responsibility * (23).
The offense can be performed in the form of both the action and the inaction of the person in relation to other subjects of administrative law. These forms of offenses are obliged to carry the following nature:
1) be necessarily unlawful - violate the prescriptions established by the sources of administrative law;
2) Act (action or inaction) of the guilty entitle of administrative law must necessarily be guilty, i.e. Violate legal norms.
So, signs of administrative offense:
1) socially harmful act;
2) illegal act;
3) guilty act (action or inaction).
The administrative offense may be the cause of early dismissal of the serviceman from the service in connection with the non-fulfillment of the terms of the contract. The basis is an administrative offense as an act is expressed in violation of the rules of law, and therefore indicates non-fulfillment of the general responsibilities for the contract. However, the offense may have signs of insignificance (Art. 2.9 of the Administrative Code of the Russian Federation), may be committed for the first time or in connection with the ignorance of legislation, etc. Under these conditions, the conclusion on the compliance of the serviceman for business and personal qualities to the requirements for the undergoing contract for the contract is possible only. According to the results of certification.
Judicial practice shows that the most frequent reason for the early dismissal of the serviceman is to commit such an administrative offense as the management of the vehicle in the state of alcohol intoxication. Given the public harm of this violation, the mechanism of early dismissal in such cases is quite reasonable. We give one example, considering that in the conditions of information availability of judicial acts it is easy to find confirmation of the said.

Example
By order of the commander of the Northern Fleet of January 30, 2014, D. amerectly dismissed from military service to a margin due to the non-fulfillment of the terms of the contract * (24). Believing that the order is published with a violation of legislation and it was unreasonably attracted to disciplinary responsibility, and the procedure of certification itself was incorrectly, D. appealed against the order and actions of the military authorities, the attestation commission and asked the court to oblige:
- the commander of the military unit - to cancel the order in terms of bringing it to disciplinary responsibility;
- the Commission and the Chairman of the Commission - to cancel the attestation list towards it;
- The commander of the fleet is to cancel the order in the part of the early dismissal of D. from military service.
The requirement to abolish the order of the commander of the military unit on the involvement of D. to disciplinary responsibility, the court declared to be satisfied. Motivation is as follows.
Article 2.5 of the Administrative Code of the Russian Federation establishes that for administrative offenses in the field of road traffic servicemen carry administrative responsibility on a universal basis.
In the Federal Law of May 27, 1998 N 76-FZ "On the status of military personnel" * (25), a ban on re-attracting a serviceman to disciplinary responsibility for the same disciplinary misconduct (part 2 of article 28.3) was enshrined.
The materials of the case were confirmed that earlier by the Resolution of the Polarin Garrison Military Court of December 9, 2013 D. for the commission of an administrative offense provided for in paragraph 1 of Article. 12.8 of the Administrative Code of the Russian Federation (by the driver of the driver who is in a state of intoxication), sentenced in the form of deprivation of the right to manage vehicles for a period of 1 year 6 months with a fine of 30,000 rubles. In this regard, the court recognized the order of the commander in part of the attraction of D. to disciplinary responsibility to the abolition, since the latter reprimand is actually declared for the accomplishment of an offense, which he suffered administrative responsibility in general.
It should be noted that the applicant's representative insisted: Dismissal D. was carried out in a disciplinary statement. Indeed, in this case, the mistake made by the command is to attract responsibility for the same violation twice, would lead to the cancellation of the order of the order of early dismissal.
In decision, the court emphasized that the applicant was ahead of charge from the service not in the order of disciplinary recovery, but in the order of extraordinary certification. The court checked the procedure for its requirements established by law. It was confirmed that:
- With the participation of the applicant, a meeting of the Commission was held, on the basis of the conclusion of which D., it was recommended ahead of time to dismiss from military service to a margin due to the failure to fulfill the terms of the contract for the passage of military service. Protocol - In stock. Subsequently, the conclusions of the certification were approved by a higher command;
- The Commission was analyzed activity The applicant was taken into account: making a mentioned administrative offense, the applicant violated the requirements of the legislation, which is non-fulfillment of the general responsibilities of the military personnel.
Analyzed by the court and the dismissal procedure:
- December 9, 2013 The commander of the military unit held a conversation with the applicant for dismissal from military service, during which the latter objected to early dismissal;
- December 26, 2013 D. According to the results of medical examination, it was recognized as suitable for military service;
- On December 26, 2013, the commander of the military unit sent a submission approved by direct chiefs, about the early dismissal of D. from military service on the contested basis;
- Order of the commander of the Northern Fleet dated January 30, 2014, ahead of time, dismissed from military service to a margin due to the failure to comply with the terms of the contract.
At the same time, the court mentioned the responsibilities needed for military personnel to refrain from drinking alcohol, a sober lifestyle, including the time free of time. The order of the early dismissal of D., the reason for the publication of which was the management of D. by the vehicle in a state of intoxication, was recognized as reasonable and legal.

Administrative offense is a violation of legislative requirements, as well as rules and norms that are mandatory for execution. In case of its commissioning, there is also a violation of the requirements of the contract on strict compliance with legislative provisions. However, the conclusion on the discrepancy between the business and personal qualities of the serviceman of the requirements that the legislation of the Russian Federation are imposed on the legislation of the Russian Federation, other regulatory acts and the contract, it is possible to make only attestation order.
Early dismissal may occur when applying disciplinary recovery. Consider this question.

Early dismissal in the order of implementation of disciplinary recovery

The federal law "On the status of servicemen" establishes:
- grounds for attracting a serviceman to disciplinary responsibility (Art. 28.2);
- types of disciplinary recovers and conditions for their use (Art. 28.4);
- circumstances taken into account when appointing disciplinary recovery (Art. 28.5);
- the circle of circumstances to be found out when involving a serviceman for disciplinary responsibility (Art. 28.6).
The concept of disciplinary offense can be formulated on the basis of the norm of paragraph 1 of Art. 28.2 of the Federal Law "On the status of servicemen." This is an unlawful, guilty effect (inaction) committed by a military personnel or a citizen designed to military fees, and expressing in violation of military discipline, provided that it does not entail criminal or administrative responsibility.
Forms of guilt when performing a disciplinary offense - deliberate or by negligence.
Disciplinary misconduct performed with intent if a soldier or citizen called on military fees, aware of the unlawful nature of his action (inaction), foresaw the possibility or the inevitability of the onset of harmful consequences and wanted the onset of these consequences or did not want to host the harmful consequences, but deliberately allowed these consequences or It was indifferent to them (paragraph 4 of Art. 28.2).
Disciplinary misconduct performed by negligence, if a soldier or citizen, designed to military fees, foresaw the possibility of the harmful effects of his actions (inaction), but unreasonably and arrogantly expected to prevent these consequences or did not foresee the possibilities of their offensive, although with the necessary prudency was supposed Could foresee these consequences (paragraph 5 of Art. 28.2).
Disciplinary recovery is a measure of responsibility established by the state for committing a serviceman or a citizen designed to military fees, disciplinary misconduct. Recovery is applied to prevent disciplinary misconduct.
The following types of disciplinary recovery can be applied to the serviceman: reprimand; strict reprimand; deprivation of next dismissal from the location of the military unit or from the ship to the shore; deprivation of bad sign of excellent; Warning of incomplete service report; decline in military position; decline in military rank per step; decline in military rank for one step with a decrease in military position; early dismissal from military service due to non-compliance with the terms of the contract; the deduction from the military professional educational organization or military educational organization of higher education; deductions from military fees; Disciplinary arrest.
Decisions are applied taking into account the features set in paragraph 3 of Art. 28.4 of the Federal Law "On the status of servicemen."
Early dismissal as disciplinary recovery can be applied to soldiers, sailors, sergeants and foreman * (26).
As in the procedure of certification, in order of disciplinary proceedings, important, predetermining the solution of the issue of the application of circumstances should be found. In the process of evidence in disciplinary order.
- an offense event (time, place, method and other circumstances of its commit);
- a person who has committed misconduct;
- the wines of a soldier or a citizen designed for military fees, in the commission of a disciplinary offense, a form of guilt and motive;
- data characterizing the personality of a soldier or a citizen designed to military fees who committed disciplinary misconduct;
- the presence and nature of the harmful effects of the offense;
- circumstances excluding the disciplinary responsibility of a soldier or a citizen designed to military fees;
- circumstances mitigating disciplinary responsibility, and circumstances aggravating disciplinary responsibility;
- Causes and conditions that contributed to the commission of disciplinary misconduct;
- Other circumstances that are important to solve the issue of attracting disciplinary responsibility.
The study of the law enforcement of these points is necessary, since it is these data that will be the basis for the appointment of disciplinary recovery.
The following conditions affect the type of recovery:
- the nature of the disciplinary offense;
- circumstances and consequences of his commitment;
- form of guilt;
- the personality of a soldier or a citizen designed to military fees who committed disciplinary misconduct;
- circumstances mitigating disciplinary responsibility;
- Circumstances aggravating disciplinary responsibility.
The Supreme Court of the Russian Federation draws attention to the fact that the judges should evaluate "not only the validity of the military personnel to the disciplinary responsibility, but also the proportionality of the applied disciplinary recovery of the gravity of the perfect misconduct and the degree of its guilt. Under the disproportionality of disciplinary recovery applied to the military personnel, the obvious inconsistency of the applied disciplinary The gravity of the perfect misconduct, for example, if it is established that the commander (boss) did not take into account all the circumstances that take into account the law "* (27). For example, according to Art. 82 Du, "The severity of disciplinary recovery increases if the disciplinary offense was performed during the carrying of combat duty (combat service) or in the execution of other official or special duties, in a state of intoxication or if its consequence was a significant violation of the internal order" * (28).
Thus, when checking the court, a prosecutor, a higher command of the legality of the legacy of the serviceman in connection with the non-fulfillment of the terms of the contract, it is necessary to find out both the validity of the application to the serviceman of the disciplinary recovery and the observance procedural order Its applications.
Disciplinary recovery in the form of dismissal can be announced only after the proceedings.
According to Article 81, the proceedings are carried out by the direct commander (chief) of a soldier who committed disciplinary misconduct, or another person appointed by one of the direct commanders (bosses) (as a general rule). At the same time, only the soldier is appointed for the proceedings, which has a military rank and military post not lower than the military rank and military position of a serviceman who has committed disciplinary misconduct. This rule does not apply to military police due to the features of their service functionality.
Really enshrines that disciplinary proceedings are usually carried out without writing written materials. Exceptions are cases when: the commander (boss) demanded to submit the materials of the proceedings in writing; The proceedings are underway on a rough disciplinary offense.
When committing a coarse disciplinary misconduct or upon receipt of data on its commitment on the direct commander (chief) of a soldier assigned a duty to immediately report this to the commander of the military unit. The latter decides on the conduct of the proceedings and appoints the responsible for its implementation.
The results of the proceedings on the fact of the commission of a coarse disciplinary misconduct must necessarily be issued in protocol. The form of the protocol is given in Appendix 8 to the DU. Violation of procedural points of the proceedings leads to the abolition of an order of disciplinary recovery, and in the cases under consideration - to the abolition of an order of early dismissal. I will look at the example.

Example
The applicant challenged the order about the early dismissal applied to it in the order of disciplinary recovery. The court found out that, according to the protocol of September 10, 2014, about the rude disciplinary misconduct, on August 16, 2014 at 8 am to 30 minutes when checking the presence of a personnel by the second division commander K. The fact of the absence of G. in the service, which arrived at the location Division on August 17 of the same year at 8 am 10 minutes. At the same time, those specified in the protocol as evidence of the disciplinary misconduct of the explanation B. and K. The court is not presented. Also there was also no conclusion on the materials of the official proceedings, the report report to the commander about the absence of a soldier, which serves as the basis for official proceedings in the presence of an appropriate resolution of the official.
In accordance with the order of the commander of September 11, 2014, there was no time in service without good reasons for more than four hours in a row on September 8, 2014, which was regarded by the commander as a rough disciplinary misconduct. In this regard, a disciplinary penalty was applied in the form of early dismissal from military service. The emerging contradictions by the date of the servicemen are offense during trial eliminated were not.
Representative of an official in court session I explained that G. was dismissed from military service precisely for the disciplinary misconduct for him on September 8, 2014. However, the witnesses of F. and I. (Persons who, according to the submitted documents were carried out by official proceedings) showed that the proceedings against the city were not conducted, the explanations were not given, as well as the applicant was not suggested to give explanations and familiarize themselves with the Rough Protocol Disciplinary offense, including witnesses not confirmed their signatures in the documents studied. The court of action of the commander of the army and the commander of the military unit associated with early dismissal of the city from military service and the exception from the lists of the military part of the military unit, recognized illegal * (29).

Example
K. appealed to the court with a statement in which he asked to oblige the commander of the military unit to cancel the illegal order for his early dismissal from military service and on exclusion from the lists of the military unit. He pointed out that in connection with the finding of the Father in the hospital, he left home without resolving the command. Subsequently, the applicant was summoned to the certification commission, where it was accepted and brought to K. The decision on its early dismissal from military service in connection with the failure to comply with the terms of the contract. At the same time, the reasons for the dismissal of K. did not report and did not provide the opportunity to give their explanations about the reasons for the absence of in service. In this regard, the applicant after the meeting of the Attestation Commission refused to sign a leaf of the conversation.
The court, satisfying the applicant's claims, motivated the decision by the following arguments:
1) Contrary to the requirement of Part 1 of Art. 249 Code of Civil Procedure of the Russian Federation, the commander of the military unit is not represented by convincing and indisputable evidence that the Protocol on the rude disciplinary misconduct was provided to the applicant for familiarization. This protocol is not signed by the applicant, there are no explanations in it, the Protocol itself is not signed by the person who conducted the proceedings, and is compiled in the period when the applicant was generally absent.
2) The protocol on rude disciplinary misdemeanor was presented earlier than the date of the proceedings and was not signed by the person themselves who were the protocol and carried out the proceedings.
3) The commander of the military unit is not considered within two days, and the decision to attract the perpetrator to disciplinary responsibility was made later in violation of the procedure for a disciplinary investigation.
In this case, attention is drawn to the following circumstance: the judge really established the fact of the illegal absence of the applicant. The latter acknowledged it. The court stressed that this is definitely a gross disciplinary misdemeanor. However, due to the fact that the prosecution procedure was seriously violated by the command, the order for early dismissal is subject to cancellation, and the applicant is to restore the service * (30).

Early dismissal due to the application of a warning of incomplete service compliance

Article 28.4 of the law "On the status of military personnel" and article 96 do not provide such punishment for military personnel as a warning about incomplete service compliance. This type of punishment has two features:
- the possibility of only one-time application during the stay of the serviceman in the employee of the staffing position. We immediately mention that in connection with this, "the commander's serviceman (boss), the specified disciplinary penalty does not apply" * (31);
- In the case of a systematic violation of official and (or) special duties until the expiration of this collection, the soldier can be submitted to a decrease in military service or early dismissal from military service.
In the latter case, after the expiration of this disciplinary recovery, the commander for up to 30 days decides on the removal of this disciplinary action or if the soldier did not fix his behavior with the exemplary fulfillment of military debt and the recovery did not play his educational role - about the decline in this serviceman in military office or on early dismissal from military service (Art. 96 Dois).
Dismissal prematurely due to the use of disciplinary recovery measures under consideration may occur only in the case of repeated violation Military discipline. Please note that it should be different disciplinary misconduct. Consider an example of judicial practice.
A citizen appealed to the court with a statement in which he requested to recognize the unlawful actions of the commander of the troops associated with the issuance of the order of its early dismissal due to the failure to comply with the terms of the contract, and the commander of the general-official army related to the issuance of the announcement of the announcement of the disciplinary recovery in the form of a strict reproduction * ( 32).
The applicant's court explained that the order of the commander of the military unit was brought to disciplinary responsibility in the form of a warning of incomplete service compliance. In this regard, the subsequent edition of the Order of the Commander about the announcement by the applicant's strict amendment for actually the same action, representing the early dismissal and publication by the commander of the Siberian Military District of the Order of His Military Service in connection with the failure to comply with the terms of the contract.
The court found out that the commander of the military unit M. for omissions in service was attracted to disciplinary responsibility in the form of a warning of incomplete service compliance, but no other disciplinary misconducts in the actions of the applicant is not contained. The court came to the conviction that the dismissal of the applicant is illegally, since the soldier cannot be re-attracting disciplinary responsibility for the same offense. At the same time, in the decision, it was emphasized that a single violation by the applicant of military discipline, for which a penalty is already imposed, is clearly an insufficient basis for its early dismissal due to non-compliance with the terms of the contract.

Early dismissal for committing a rough disciplinary offense

The Plenum of the Supreme Court of the Russian Federation recognizes the commission of one of the coarse disciplinary misconduct failure to comply with the terms of the contract (p. 41) * (33).
The compositions of coarse disciplinary misconduct are transferred by the legislator in paragraph 2 of Art. 28.5 of the Law "On the status of servicemen." Among them:
- Violation statutory rules relationship between servicemen;
- the unauthorized loss of military unit or installed outside the military unit of military service a servicemen undergoing military service for a call, or a citizen designed for military fees;
- non-appearance on time without good reasons for the service when dismissal from the location of the military unit or from the ship ashore, when appointing, translation, as well as from a business trip, leave or medical organization;
- the absence of a serviceman passing military service under the contract, in a military unit or installed outside the military unit of military service without good reasons for more than four hours in a row during the daily service time established;
- evasion from the fulfillment of the responsibilities of military service;
- violation of the rules of martial duty (combat service);
- violation of the rules of the border service;
- violation of the statutory rules of the guard service;
- violation of the statutory rules of the internal service;
- violation of the statutory rules of patrols in the garrison;
- violation of public order protection services and provision public security;
- intentional destruction, damage, damage, illegal spending or the use of military property;
- Destruction or damage by negligence of military property, etc.
As the Military Collegium of the Supreme Court of the Russian Federation, "with the early dismissal of a serviceman from military service in connection with the failure to comply with the terms of the contract, in order of disciplinary recovery of the certification is not required" * (34). It is important to take into account that the use of early dismissal in order to realize the punishment for making a coarse disciplinary misconduct requires the commander:
- make the severity of the offense with the examination measurement under consideration;
- Assess the feasibility of applying dismissal compared to other types of disciplinary punishments.

Conclusions and offers

1 TO essential conditions The service contract of the serviceman includes:
- the duty to undergo military service;
- the term during which the soldier undertakes to undergo military service;
- The obligation to conscientiously perform all the general, official and special duties of military personnel.
The fulfillment of these conditions is the responsibility of the military personnel passing by the military service under the contract. They act as a measure of proper behavior, and if necessary, provided by state coercion.
2. Only significant (significant) deviations from the requirements of military duty legislation and military service can serve as grounds for early dismissal. As a rule, in such cases, the actions of the serviceman must:
- either once, but to violate military discipline and contract terms;
- or violations should be a significant and systemic nature.
3. In connection with the failure to fulfill the terms of the contract, the following types of dismissal procedure can be distinguished:
- in attestation order;
- in disciplinary order.
4. Independence on the procedure for dismissal (in the order of certification or in connection with the implementation of disciplinary recovery), it is necessary to make a clear observance of the dismissal procedure: from the deadlines before filling out the necessary procedural documents. The violation of the procedure for dismissal in the case of a judicial dispute will lead to the abolition of the order.