The responsibilities of the serviceman at the disposal. Responsibilities of a serviceman in military service and at the disposal (for staff)

Hello! Here it is given a general description of these issues http://www.lawmix.ru/comm/3815 These questions are regulated by the Presidential Decree - Decree of the President of the Russian Federation of September 16, 1999 N 1237 Questions of military service

In accordance with Art. 13 Regulations on the procedure for the passage of military service (hereinafter referred to as the Regulation) To address the issues of further military service, military servicemen undergoing military service can be credited to the disposal, as a rule, the nearest direct commander (chief), which has the right to publish orders, official With the right to appoint a military position, which replaces the specified serviceman. The main feature legal status a serviceman at the disposal is the passage of their military service not on military postwhat entails certain legal consequencesrelated to the execution of the responsibilities of military service paid money allowance, assigning military ranks.

Article 13. The procedure for enrollment to the order of the commander (chief)

1. To address issues of further military service, military servicemen undergoing military service under the contract can be enrolled at the disposal, as a rule, the nearest direct commander (chief), which has the right to publish orders, an official with the right to go to the military position, which replaces Specified serviceman. 2. Enrollment of the serviceman passing military service under the contract, at the disposal of the commander (chief) is allowed in the following cases and for the following deadlines: a) in case of liberation from military office (posts) - no more than three months; b) in case of liberation from military office (positions) in connection with the holding of organizational and staff events - no more than six months; c) due to the initiation of a criminal service person - before the decision in a criminal case; d) in connection with the recognition of a military personnel who inpatient treatment, unsuitable for military service - before the end of inpatient treatment (the term of liberation from the execution of duties for military position necessary for execution of dismissal), but not more than a period established by the Regulations on military medical examination; e) in connection with the translation from the Armed Forces Russian Federation to federal organ executive powerwhich provides for military service, and vice versa, as well as from one federal executive body, which provides for military service, to another - no more than three months; e) due to the missing lack of more than one month - before the return of the serviceman in military part (if there is no other decision on the further passage of the military service) or until the day of entry into force (inclusive) the decision of the court on recognizing it is missingly absent or about the declaration of the dead; g) in connection with the finding of a serviceman in captivity, as a hostage or an interneed - before its release; h) in the event of disbanding the military unit and the reduction in connection with this military office, which was noticed by a female soldier on maternity leave or child care, before the end of this vacation; Garant: decision Supreme Court Of the Russian Federation dated March 9, 2005 N CPI04-132, left without changing the definition of the cassation board of the Supreme Court of the Russian Federation of June 2, 2005 N CAS05-218, subparagraph "and" of paragraph 2 of Article 13 of this Regulation recognized as not contradictory legislation and) The impossibility of the timely exclusion of a soldier dismissed from military service, from the lists of the personnel of the military unit in cases provided for by the Federal Law and this Regulation, before its exceptions. 3. The serviceman in respect of which a conclusion is applied as a preventive measure, credited to the commander (chief) from the date of detention.

The enrollment of the serviceman at the disposal is made by order of personnel, which makes an official with the right to appoint a military position on which the specified soldier is located. The powers of officials of the Armed Forces of the Russian Federation for the appointment of military personnel to military posts and enrollment to the disposal were determined by the Order of the Minister of Defense of the Russian Federation "On the powers of officials of the Armed Forces of the Russian Federation for the appointment of officers and ensigns (Michmanov) for military posts, liberating them from military posts, Dismissal from military service and assigning them military ranks "2002 N 110.

the question of notifications in these orders is unfortunately not considered and not specified, precisely as applied to this situation.

13. According to clause 1 of Article 43 of the Federal Law "On Military Duty and Military Service", the appointment for military positions of military personnel, for which military ranks are provided to the colonel or captain of 1 rank inclusive, including the transfer to another locality for military service is carried out in the manner prescribed by the Regulations on the procedure for the passage of military service.

Based on the content of paragraph 2 of Article 15 of the Regulations on the procedure for the military service, a military serviceman who hosts military service under the contract can be transferred to the new place of military service for the appointment with the appointment to an equal military office without its consent, which is due to the specifics of military service and itself It can not be considered a violation of his rights and freedoms.

At the same time, this circumstance does not imply the possibility of an arbitrary transfer of such a soldier to another military unit (to another locality), since the provisions on the procedure for military service establishes an exhaustive list of cases and conditions under which military personnel can be translated to a new service station from one military unit. to another, including those in another area.

14. Taking into account the fact that the international agreements of the Russian Federation with the countries of the Russian military bases, military formations (hereinafter - military bases) identifies the organizational and staff structure of military bases and their regular number, finding Russian servicemen in the territory of the countries of the stay of military bases outside and Their regular number is not provided.

In connection with the above courts in resolving disputes against military personnel liberated from military posts, it is necessary to take into account that the enrollment of their commanders (chiefs) on the territory of military bases does not and the issues of further passage of military service should be solved by planned replacement or by dismissal From military service or enrollment at the disposal of commander (chiefs) in the territory of the Russian Federation within the period of stay at the disposal.

15. Allowing disputes on the implementation by military personnel rights, social guarantees and compensation provided federal laws and other regulatory legal acts on the protection of family, motherhood and childhood, the courts need to take into account the provision of paragraph 19 of Article 11 of the Regulations on the procedure for the passage of military service that pregnant women who are military personnel in accordance with medical conclusion with their consent can be appointed to military posts with easier service conditions with The preservation of a monthly salary in accordance with military post, monthly and other additional payments on military position they occupied before the specified purpose.

Female servicemen who have children under the age of one and a half years, in accordance with paragraph 20 of Article 11 of the Regulations on the procedure for the passage of military service in the event that they cannot fulfill official duties, appointed another military position to reach the child of the age of one and a half years with the preservation of the month Oklade in accordance with military post, monthly and other additional payments on military position they occupied before appointment.

16. In the meaning of Article 145 of the TEC RF, servicemen who are serving a sentence in the form of a restriction on military service cannot be appointed to the Higher Military Office. If, taking into account the nature of the committed crime and other circumstances, a soldier who has been punished in the form of a restriction on military service cannot be left in military position associated with the leadership of subordinates, it is appointed to another military position within the military unit either with the translation into another military unit or terrain in accordance with the Regulations on the procedure for the military service, which is notified by the court that made the sentence.

You have been deployed (for the staff) of the commander of the military unit. Immediately arises the question of which responsibilities must perform a soldier at the disposal (for state). Do you have the right to appoint in the outfit, send on business trips and in general, what is obliged to do and what not. None in any military legislation is not spelled out exactly what responsibilities must perform a soldier at the disposal (per staff).

As the wise saying says: "Return to Earth, if your brain is clouded and the heart is empty. Just returning to the beginning, we can see the way. " Therefore, let's start with the very beginning to deal with this issue. According to Article 13, paragraph 1 of the President of the Russian Federation No. 1237 of September 16, 1999. "Questions of military service" Regulations on the procedure for military service ":

To address issues of further military service, military servicemen undergoing military service under the contract can be enrolled in disposal, as a rule, the nearest direct commander (chief), which has the right to publish orders, an official with the right to appoint a military position, which replaces the specified soldier .

It follows that only the commander of the military unit is entitled to give orders at the disposal (behind the state), in which it is at the disposal (behind the state) and no other. Immediately questions, and what orders he has the right to give a serviceman at the disposal (for state)? Can they put in a guard or on duty by team? To designate the responsibility of a vacant position while it is free? What responsibilities should do?

According to the UVP of the Russian Federation, a soldier from the first day of service is obliged to carry out general, official and special duties. After removing the serviceman at the disposal (for the staff) of the commander of the military unit, official duties are automatically removed from it. That is, the result is common and special duties. Common duties apply to a serviceman up to exclude it from the part of the part. But the fulfillment of special duties, which include combat duty (combat service), daily and garrison outfits, etc. Even under the big question.

From the first day of enrollment, payments to work with information constituting state secret. The military service hosting military service is not in military position, to the information that makes up the state secret is allowed to be in principle. In principle, his admission to his admission to the order is suspended. As you know, the service of the service in the daily outfit, as a duty officer, an assistant on duty by part, etc. It is associated with work with documents containing information that make up the state secret. When specific commands are received, these person must open certain packets with one or two zeros. AU of the serviceman enrolled in the disposal is suspended to work with such documents. As a result, when a specific command is received, the specified packets of documents will not be opened. Consequently, the breakdown of the combat task, for which no one's responsibility to bear, except the commander who has given the order for the appointment of the serviceman at the disposal in the outfit. And he is definitely not necessary.

Another very important point that prohibits putting in the outfit. For example, the duty officer on the garrison is prescribed from the number of officers of the military units of the garrison in military position not lower than the commander of the company (batteries) and they are equal. It can be seen that only servicemen can be assigned to the outfit that are not lower than the one that is necessary for this outline. In the charter of the internal service of the Armed Forces of the Russian Federation and the Charter of the Garbis, Commandant and Kasual Services of the Armed Forces of the Russian Federation, this moment affects some types of outfits. And since the soldier is at its disposal, he has no position and it is not possible to apply in the outfit !!! Military title in this case does not play roles, but has the meaning of the office, because black is written in white: "... is appointed from among the officers at military office not lower than such a position and they are equal."

At the expense of issuing weapons to a serviceman at the disposal (for state). Many officers immediately give the team to pass weapons to the warehouse. And with a strange weapon, it is forbidden to intercede in the outfit, because it should be officially and documented. If others are issued, and it will accidentally shoot or worse you will have to apply it to defeat. The prosecutor's office will come here and will understand who it is enshrined, as serviced, etc., maybe it rusted everything and shoots itself. Who wants to answer these questions on the site. Yes, even if your gun is not yet tried, then the commander will surely think many times before putting you in the outfit with weapons. In Karaul, they definitely do not put you, because this is a very responsible outfit and the officer must intercede only with the subordinate to him.

If all these arguments do not help you, to convince your commander to not put you in the outfit, and you will be as a result to tactically tactfully from the outfits or trips on a business trip, due to the fact that they are officially and documented or on the divorce complained about health and moral Psychological instability. And the commander will try to deprive you to eat or suspend dismissal under NUC, then there are 2 options. Either to assemble the evidence base and apply on this issue to the court, or reach the moment when you are officially recognized as dismissed from the Armed Forces of the Russian Federation, due to the expiration of the term at the disposal under the place of Art. 13. P.22EK IDA No. 1237 of September 16, 1999. "Questions of military service" Regulations on the procedure for military service ". At the same time, the report should already be written on dismissal, for example, on Oshm, then under the dismissal of NUCs will not be submitted.

At the expense of how the soldier at the disposal should come to military service. IN common responsibilities It is not written that the serviceman at the disposal (for state) is obliged to come to military service. But, there is a big, but ... in article 1. General responsibilities of military personnel p.16stava internal services:

Strictly observe the Constitution of the Russian Federation and the laws of the Russian Federation, the demands of the Principles of Commanders are unquestioning unquestioning (chiefs);

Be disciplined ...

The commander of the part of each training period is published an order for the introduction of the service time regulations, namely the routine of the day, according to which the servicemen are guided in everyday service life, that is, at what time of day to come to build, go for lunch and military service. From here and implies that according to the first Point, you must fulfill the order of the commander of the part and follow the rules of the service time. And if you "beat the bolt" on the construction, then the second pitch of this article comes into force, namely the aggregation of the charter of the Armed Forces No. 7 p.1 to row disciplinary misconduct the absence of a military personnel passing military service under a contract, or officer, passing military service, in the military unit or installed outside the military unit of military service good reasons For more than four hours in a row for the daily service time set. And for the systematic violation of the routine of the day, disciplinary punishments can be applied, in accordance with paragraph 61, 67 and 68 Disciplinary Charter of the Armed Forces of the Russian Federation. That is, first announce reprimand, then a strict reprimand, then a warning of incomplete service report, and there can be fired in NUK. Therefore, it is better to come, first every day to build in the morning and after lunch, then you can only every day in the morning, then begin to reduce this moment to a minimum. First, you will be filled, but then everything will be accustomed to, and they will be forgotten, in connection with your own long service workload and you will now come to coming only on Mondays to build. But if your commander goes on the principle and wants you to be in the territory of the part every day according to the routine of the day, and you will be able to learn from the territory of the military unit for personal circumstances, then it will come to the asticidal savings.

At the expense of "Games in a dozen". If a serviceman under the contract does not appear in the service of less than ten days, it cannot be made a criminal case, because according to the criminal code of Article 337:

3. Unauthorized leaving of a part or place of service, as well as a non-appearance on time without good reasons for the service for more than ten days, but no more than one month, committed by military personnel passing military service or under the contract, are punished by restriction on military service for a period up to two years or content in the disciplinary military unit for up to two years, or imprisonment for up to three years.

4. Acts provided for by part of the third this article, the duration of over one month is punished with imprisonment for up to five years.

Note. The soldier who first made the acts provided for in this article can be released from criminal responsibilityIf the unauthorized leaving of the part was the consequence of the holding of severe circumstances.

About what criminal penalty In connection with no access to the service less than 10 days of the serviceman under the contract in the Criminal Code of the Russian Federation, it is not stipulated, and therefore, there is no criminal punishment for such an act. That is, only ten days can be applied to the military personnel under the contract for the military service for the military service, only disciplinary punishments reported above. But it is not necessary to be mistaken that if you just came to the military unit once at ten days and went through it, it means everything, "played in a dozen." It was not there, because this moment is not a fact of your performance. Agreement of the Plenum of the Supreme Court of the Russian Federation No. 3 of April 3, 2008 "On the practice of consideration by the courts of criminal cases about evading military service and from the passage of military or alternative civil service" 13 In cases where the soldier who is illegally abiding outside (place of service) temporarily appears in the location of the part (at the service site) without intent to start the responsibility of military service and in fact it does not proceed to their execution or delayed by the authorities for committing another offense and This hides that he has the status of a serviceman from them, or after notifying the command, he does not fulfill the orders given to him and thus continues to shy away from the fulfillment of the responsibilities of the military service, the period of the term of unauthorized absence is not interrupted. Therefore, it is necessary to come to the construction, to defend it, listen to the complaints of the commander of the part, plus to this point to the eyes as more than your colleagues and former commanders and everything, consider that you "played in a dozen".

So, based on the above, the maximum that normal commanders will require you to come to build and may be sent on a business trip that is not related to official duties (for example, for young replenishment).

If you do not want to dismiss from the Armed Forces of the Russian Federation and your length of service in the calendar estimate of ten years and more, then the database from the Armed Forces of the Russian Federation and pull the time at your disposal.

"Power Ministries and Offices: Accounting and Taxation", 2007, N 10

Sometimes servicemen for certain reasons can not be quitted from military service, for example, they have no laid calendar service, which gives the right to housing. In this case, one of the solutions can be the enrollment of the serviceman at the disposal of the commander (chief). The article discusses the procedure for this enrollment, as well as the features of payment of monetary allowances to such servicemen and the guarantees provided by it.

The procedure for enrolling servicemen at the disposal of the commander

The main document regulating the procedure for enrolling the servicemen to the commander's order is the Federal Law of 28.03.1998 N 53-FZ "On Military Duty and Military Service" (hereinafter referred to as the Federal Law N 53-FZ). In accordance with him, the soldier passes military service at military position. The exception is made for servicemen enrolled at the disposal of the commander on the grounds shown in paragraph 4 of Art. 42 federal law N 53-FZ. At the same time, the law does not disclose what to consider the commander to be credited to the commander, and the lands presented in it is an unfinished, and it can be expanded by other legislative acts.

In particular, such a document, as a decree of the President of the Russian Federation of September 16, 1999 No. 1237, "Questions of Military Service", approving the Regulation on the procedure for the passage of military service (hereinafter referred to as the Regulations on the Military Service). It gives a definition of crediting a serviceman at the disposal of the commander and a broader list of conditions for such enrollment compared with the Federal Law of the Federal Law No. 53-FZ. Based on paragraph 1 of Art. 13 Regulations on military service To resolve issues of further military service Military personnel, held by the military service under the contract, can be enrolled in disposal, as a rule, the immediate direct commander (chief), which has the right to publish orders, an official with the right to go to the military office which replaces the specified serviceman.

Also in the Military Service Regulations are determined to be credited to the serviceman at the disposal of the commander:

a) in case of liberation from military office (posts) - no more than three months;

b) in case of liberation from military office (positions) in connection with the holding of organizational and staff events - no more than six months;

c) due to the initiation of a criminal service person - before the decision in a criminal case. One of the conditions for the removal of the serviceman from office is the commitment of an act falling under signs of the crime (within the framework of criminal procedure production). As defined by Art. 114 of the Code of Criminal Procedure, it is carried out on the basis of a criminal proceedings made in order to ensure the procedure for criminal proceedings, proper execution of the sentence by the investigator of the military prosecutor's office for the court on removal from office when attracting a serviceman as a suspect or accused. The petition is represented by the judge, which within 48 hours makes a decree, which defines the temporary removal of the serviceman from office or refusal to this. According to PP. "V" paragraph 2 of Art. 13 Regulations on the military service Execution of the court order to remove the serviceman from office, as a rule, not on the basis of the order of removal from office, but by liberating it from the post and enrollment of the commander before making a decision by the court. However, based on paragraph 1 of Art. 13 Regulations on the military service Execution of the named subparagraph is right, and not the responsibility of the commander - it has the right to issue an order for temporary removal of the serviceman from office.

What could be the way out of this situation in a military personnel? In accordance with Art. 114 Code of Code of Criminal Procedure RESPORTATIONS Cancellation is canceled if it is not necessary. After that, the order had previously published, the order of temporary removal of the serviceman from office is recognized as invalid;

d) in connection with the recognition of a military personnel who inpatient treatment, unsuitable for military service - until the end of the stationary treatment (the term of liberation from the fulfillment of duties for military position necessary for execution of dismissal), but not more than a period established by the Regulation on the military The medical examination approved by the Decree of the Government of the Russian Federation of 25.02.2003 No. 123 (hereinafter referred to as the Regulation on the military-medical examination). Based on paragraph 34 this Regulation With regard to a military personnel recognized as unfit to military service, a military medical commission makes a conclusion about the need to provide exemption before excluding a serviceman from the lists of the personnel of the military unit;

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

e) due to the missing lack of more than one month - before the return of the serviceman in the military unit (unless otherwise decided on the further passage of the military service) or until the day of entry into force (inclusive), the court's decision to recognize it is missingly absent or announcing dead;

g) in connection with the finding of a serviceman in captivity, as a hostage or an interneed - before its release;

h) in the event of disbanding the military unit and the reduction in connection with this military office, which was noticed by a female soldier on maternity leave or child care, before the end of this vacation;

and) if it is impossible to timely exclude a soldier dismissed from military service, from the list of personnel of the military unit in cases provided for by paragraph 11 of Art. 38 of the Federal Law of N 53-FZ and the Regulations on Military Service - before its exception.

On military personnel recorded at the disposal of the commander (chief), in accordance with the instructions on the organization of military service, officers and ensigns (Michmans) in the Armed Forces of the Russian Federation, approved by the Order of the Ministry of Defense of Russia of September 30, 2002 N 350, is drawn up at the approved form, which Heads through the personnel bodies of the institutions subordinate to the federal executive bodies in which the military service corresponding to the Federal Law provides for officials. In addition to the presentation, they are sent:

• a copy of the certification sheet (when appointing to military post in the order of planned replacement);
• personal affairs and other documents (if the need for their submission is established by a higher personnel body);
• the report of the serviceman on harmony with the appointment is in the event of appointing a higher military post or to a low military position (due to organizational and staff activities, for family reasons, for health state in accordance with the conclusion military Medical Commission either for the personal request of the serviceman).

In the institutions of power departments, departmental regulatory documents are published governing both the procedure for enrolling servicemen to the disposal of the commander and the payment of monetary allowances to such a serviceman. for example, in the FSB of Russia is an order N 367<1>, in the Ministry of Internal Affairs of Russia - Order No. 680<2>, in FSO Russia - Order No. 121<3>. Taking into account that these orders are practically identical, consider the procedure for enrolling the serviceman at the disposal of the commander in the FSB of Russia.

Depending on the conditions of this enrollment provided for by Art. 13 The provisions on military service, in the FSB of Russia, the timing of the time during which it is produced. So, enrollment of the serviceman at the disposal of the commander is carried out:

• in the event of liberation from military position, as well as in connection with the conduct of organizational and staff activities, the initiation of a criminal case, with the transfer of the Russian Armed Forces to the establishment of a power department and vice versa, as well as from one federal executive body, which provides for military service, Another, if it is impossible to timely exclude a soldier, dismissed from military service, from the lists of the personnel of the military unit - from the day following the end of the end of delivery and position;
• in connection with the recognition of a military personnel located on inpatient treatment, unsuitable for military service - until the end of inpatient treatment (the term of liberation from the execution of duties in military position necessary for execution of dismissal), but not more than a period established by the Regulation on Military Medical Examination ;
• in connection with the missing lack of more than one month, as well as with the finding of a soldier in captivity, as a hostage or an interbored - from the date, with which military personnel in accordance with the order of the security authority are considered missing, which are in captivity, as hostages or interneeds;
• in case of disbanding the military unit and reduce in connection with this military office, which the female soldier was substituted on maternity leave or child care, from the day following the day of reform (abolition) of the security authority;
• an addressed military-educational institution, an adjuncture, military doctoral studies and assigned to military posts to be replaced by persons with the necessary level of education and stipulated by the relevant list of military posts - from the day next after the day of signing the order on the end of the military educational institution.

Turn to K. judicial practice The application of the provisions on military service to the servicemen enrolled at the disposal of the commander is the decision of the military collegium of the Armed Forces of the Russian Federation of 09.03.2005 N CPI04-132. The Armed Forces of the Russian Federation examined the statement of a citizen who requested the norms of the specified provision by contradictory the Constitution of the Russian Federation, as well as otherwise legislative acts. In his opinion, the mentioned norms regulating the procedure for enrollment to the order of the commander of military personnel dismissed from military service deprive them different rights and benefits stipulated by law On military duty and military service, impede the right to the free choice of the kind of activity and profession, limit the rights to housing and violate constitutional principle Equality of human rights and freedoms.

Having considered the statement, the Armed Forces of the Russian Federation did not find grounds to meet the requirements.

From the content of PP. "And" paragraph 2 of Art. 13 The provisions on military service see that the enrollment of a serviceman passing the military service under the contract is allowed at the disposal of the commander if it is impossible to the timely exclusion of a soldier dismissed from military service, from the lists of the personnel of the military unit in cases provided for by paragraph 11 of Art. 38 of the Federal Law of N 53-FZ and the Regulations on Military Service, before its exception. At the same time, a soldier dismissed from military service, on the day of exclusion from the lists of the military unit should be fully secured by the established monetary content, food and broad support. Prior to carrying out with the servicemen of all necessary settlements, it is not excluded from the lists of the personnel of the military unit without its consent.

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 admission to the military part of the statement from Order of the dismissal of a serviceman from military service. Consequently, the Federal Law N 53-FZ and the Regulations on military service cannot be considered as violating constitutional rights Applicant.

In addition, the applicant's enrollment at the disposal of the commander was caused by the fact that in accordance with Art. Art. 15, 23 of the Federal Law of 27.05.1998 N 76-FZ "On the status of military personnel" (hereinafter referred to as the Federal Law N 76-FZ) for dismissal of military service for health a serviceman who served 10 or more years and in need of obtaining housing should Give your consent to dismissal without providing housing with leaving the list of sewers to receive housing at the place of service. The applicant did not give such consent than and was due to his enrollment of the commander of the part.

Payment of money allowance

Summarizing the legislation of the Russian Federation on the payment of servicemen enrolled at the disposal of the commander, we note that they are made of cash allowances in other sizes, which differ from the payments provided for by the servicemen undergoing military service under the contract and replacing military positions.

Consider the peculiarities of obtaining monetary by the servicemen established by the Order of Russia No. 121. The list of the servicemen undergoing military service under the contract enrolled at the disposal of the commander, payments are given in paragraph 1 of the procedure for payment of monetary confidence of the FSO servicemen approved by this order. This list is unlocked and may provide other additional payments in addition to the specified. In particular, the MSO servicemen are paid:

a) the salary of military position received by the servicemen before enrolling the commander;

b) salary on military rank;

c) percentage allowance for long service. It is provided in the Decree of the Government of the Russian Federation of 14.07.2000 N 524 "On individual payments to military personnel and members of their families." Its size ranges from 5 to 70% of the salary of the serviceman's monetary content;

d) Monthly allowance for the complexity, tension and special mode of military service in the amount of 50% of the salary for military position obtained before enrollment of the commander. It is worth noting that in relation to military personnel under the military service under the contract and replacing military positions, the payment of this premium is made in size up to 120% in accordance with the norms of the Federal Law N 76-FZ. In addition, in an increased amount, it is paid to individual staff of federal executive bodies, in which the Federal Law provides for military service undergoing service (military service under the contract) in Moscow and St. Petersburg, Moscow and Leningrad regions, in order to reimburse the actual costs of driving On all kinds public transport urban, suburban and local communication (with the exception of a taxi), payment of land tax and property taxes individuals (Decree of the Government of the Russian Federation of January 31, 2005 N 47 "On increasing the size of the monthly surcharge for the complexity, tension and special service mode (military service) special categories employees and servicemen passing military service under the contract ");

e) a monthly monetary promotion in the amount of one salary under the last military position. Basic regulatory documentproviding for the payment of monetary promotion is the Decree of the President of the Russian Federation of 18.02.2005 N 177;

e) Supplement for knowledge of a foreign language. According to paragraph 5 of the Decree of the Government of the Russian Federation of January 27, 1993 N 65 "On streamlining the payment of monetary allowances to military personnel, persons of the ordinary and the supervisory composition of the internal affairs bodies, state fire service, employees of the criminal executive system and strengthening them social protection"The size of the surcharge cannot exceed 20% of the salary in military position;

g) a surcharge for the scientist and a degree. It is given in paragraph 6.1 of Art. 13 of the Federal Law N 76-FZ and is established to official salaries in the following sizes:

• 40% for the post of associate professor;
• 60% for the post of professor;
• 3000 rub. for a scientist degree of candidate of science;
• 7000 rub. For a scientist degree of doctor of science.

h) surcharge to military personnel awarded breast familiar "Honorary Employee FSO of Russia", "Honorary Officer Counterintelligence", "Honorary Officer of the Federal Bodies of Government Communications and Information", "Honorary Employee of Special Communications of Russia", "Honorary Security officer" or "Honorary Security Council".

As already mentioned, in addition to the paid payments, military personnel can receive other additional payments. The main condition for their receipt by servicemen enrolled in the disposal of the commander - the availability of legislative Acts federal executive authorities of additional payments to military personnel in the event of military service by their military posts. These include, for example, the payment of travel expenses in the event of the directions of servicemen to office business trips, compensation payments Instead of food soldering, for hiring (for) residential premises, for sanatorium-resort treatment.

In addition to enrolling the serviceman at the disposal of the commander, it can be allowed to temporarily execute responsibilities for a vacant military office under Art. 12 provisions on military service. At the same time, the composition of the money paid to him is similar to the considered above, with the exception of the salary in military position, since in this case it receives salary according to the temporarily executable military position.

When finding a serviceman passing military service under a contract enrolled at the disposal of the commander in the areas of the Far North, equivalent to them areas and other areas with unfavorable climatic or environmental conditions, including remote, coefficients (district, for military service are established to its monetary content. In highland areas, for military service in desert and anhydrous localities) and interest rate allowances are paid to monetary content in size and order that are established by federal laws and other regulatory legal acts of the Russian Federation for citizens working and living in these areas and localities.

Please note: the servicemen provided in the current month cash contents in full at the fulfillment of a full-time military office, but subsequently subsequently at the disposal of the commander earlier than the date of payment of these monetary allowances, the recalculation of monetary content is not carried out (clause 4 of the order N 121).

A. Kantherovsky

Expert journal

"Power ministries and departments:

accounting and taxation "