Parts of the constant readiness of the armed forces of the Russian Federation. GWP responds: Additional payments to military personnel
The concept of combat and mobilization readiness.
combat readiness- this is such a state of the Armed Forces in which they are capable at any moment and at the most difficult conditions conditions to repel and frustrate enemy aggression, no matter where it comes from and no matter what means and methods are used for this, including nuclear weapons.
combat readiness- this is the ability of subunits and units to be put on alert in the shortest possible time, at any time of the day, under any climatic conditions and circumstances, and under the threat of the use of weapons by the enemy mass destruction.
Bringing the military unit to higher degrees combat readiness is carried out by those commanders (chiefs) who have been granted this right by the Minister of Defense of the Republic of Kazakhstan.
Measures when bringing to the highest degree of combat readiness are divided into: combat educational.
Bringing a military unit to the highest degree of combat readiness is carried out in order to prepare it for the performance of a combat mission. At the same time, all the personnel of the military unit with the weapons assigned to them are brought to the concentration area, military equipment and other material means.
The procedure for bringing a military unit to the highest degree of combat readiness is determined by a plan developed by the headquarters under the direct supervision of the commander of the military unit and approved by the senior commander (chief).
It should provide for:
Who has the right to bring a part in the highest levels of combat readiness, the procedure for notifying units, as well as notifying and gathering officers and military personnel of the Armed Forces;
Actions of the officer on duty at the military unit and other persons of the daily duty;
The assembly area of the military unit, assembly points of units and the procedure for withdrawing personnel and military equipment to them;
Organization of a commandant's service at the exit to the assembly area or to the concentration area.
The combat readiness check is carried out in order to check the training of subunits, the ability of the command and control bodies of the unit to ensure the implementation of measures when the unit is brought to the highest degree of readiness or the unit (subunit) goes to exercises, in case of a natural disaster, to extinguish a fire and solve other tasks. At the same time, the military unit (subdivision) acts in accordance with the developed plan with established restrictions.
All military personnel must know the procedure for the actions of a military unit (subunit) when bringing to the highest degree of combat readiness, insofar as it concerns them.
In all cases, when declaring the highest levels of combat readiness, personnel must act quickly and in an organized manner, observing camouflage.
Basic requirements for combat readiness:
Constant readiness of subunits and units to perform combat missions on time;
Maintaining high military discipline in the unit and subdivision;
High moral and psychological state of the personnel;
High field training of personnel;
Serviceability of weapons, military equipment, their constant readiness for combat use.
Combat readiness is achieved:
1. Organization and maintenance of troop service in strict accordance with the requirements of combat regulations.
2. Careful planning of combat and mobilization readiness and timely introduction of the necessary changes and clarifications into the plan.
3. High combat and field training of the personnel of subunits, officers and staffs.
4. Staffing of formations, units and subunits with weapons, military and automotive equipment and stocks of materiel, their proper maintenance, operation and storage.
5. Purposeful work on the ideological education of military personnel and instilling high moral qualities in all personnel. Carrying out systematic training in action of subunits and units according to the established levels of combat readiness and their management, extremely clear knowledge of duties by all personnel.
There are four levels of combat readiness in the Armed Forces of the Republic of Kazakhstan:
combat readiness - "CONSTANT" ;
combat readiness - « INCREASED» ;
Combat readiness - "WAR DANGER" ;
combat readiness - "FULL".
Combat readiness "PERMANENT"- this is such a state of the Armed Forces, subunits and units, in which the troops are at the point of permanent deployment, are engaged in daily activities, are kept according to the states and peacetime tables and are able to move to the highest degree of combat readiness in a timely manner.
Dedicated units and subunits are on combat duty and carry out tasks according to plans.
6. In the units and headquarters, round-the-clock duty is carried out, formations and units of all branches of the armed forces are on combat duty with dedicated forces.
7. Military equipment, weapons, are kept in constant combat readiness in accordance with the norms and procedures established by the order, directives of the Ministry of Defense of the Republic of Kazakhstan.
8. Material and technical means are stored in warehouses or on vehicles in readiness for issuance and export to areas of concentration in formations and units of a reduced composition.
9. Ammunition, fuels and lubricants and other material and technical means are stored in warehouses in accordance with the established procedure.
10. The equipment of the reception points for personnel and equipment is kept ready for loading and removal to the mobilization area.
Combat readiness "INCREASED"- this is an intermediate state between constant combat readiness and a state of military danger, introduced to carry out a number of measures aimed at reducing the time for bringing formations and units to the highest degree of combat readiness to perform their assigned tasks.
With this degree of combat readiness:
At the headquarters of all levels and military registration and enlistment offices, a round-the-clock duty of generals and officers from among the leadership is established.
Security and defense are being established in the garrison of important facilities, headquarters and command posts, additional posts are being set up, and patrols are being organized.
Formations, units and subunits located at the training grounds and in the areas of the exercise are returning to their garrisons.
By additional order, personnel are called from vacations and business trips.
Armament and military equipment are brought into combat condition.
Registered staff passing fees, automotive equipment supplied from National economy, are detained in the troops until further notice.
The dismissal of persons who have served their terms of service is suspended.
Troop stocks technical means loaded into combat vehicles and vehicles.
Surplus stocks (over mobile) of material and technical means, barracks, educational equipment and property are being prepared for transfer.
The time for bringing headquarters, formations and institutions to combat readiness "increased" is set no more than 4 hours.
Combat readiness "WAR DANGER"- this is a state in which formations, units and subunits withdrawn to concentration areas are quickly brought to the performance of tasks in accordance with their intended purpose. Bringing units and formations to combat readiness "Military danger" is carried out on combat alert.
Formations and units of constant readiness and command and control units of communications, security and service units are understaffed according to wartime states and are made ready to perform combat missions, and the reduced staff, personnel and newly formed ones are taken from the reserve by the organizational core and are preparing for mobilization.
With this degree of combat readiness:
1. Formations, units of all branches of the armed forces go to the area of concentration on alert (for each formation, unit, institution, 2 areas are prepared, remote no closer than 25-30 km from the point of permanent deployment, one of which is secret (not equipped in engineering terms) .
2. The end time of the exit from military camps from the moment of declaring combat readiness should not exceed:
Out of combat readiness "Constant"
Out of combat readiness "Increased"
3. The time for bringing formations, units in concentration areas into readiness for implementation is set:
a) without understaffing to wartime states:
Out of combat readiness "Constant"
Out of combat readiness "Increased"
b) with understaffing to wartime states - no more than 12 hours.
4. The time of receipt, organized core and deployment of the personnel reception point (PPLS) and the equipment reception point (PPT) should not exceed 8 hours.
5. All types of weapons and military equipment are brought into readiness for combat use.
6. Personnel are issued with cartridges, grenades, steel helmets, gas masks, dosimeters, anti-chemical packages and individual first aid kits.
7. The dismissal of persons who have served the established terms of active service and the next call for young replenishment is suspended.
combat readiness "FULL" - this is the state of the highest readiness of formations and units withdrawn to designated areas that have completed the entire range of measures to transfer from a peaceful to a military position, including full mobilization and direct preparation for combat operations, ensuring an organized entry into battle and the successful completion of the task received.
With this degree of combat readiness:
1. At command posts, full shifts of combat crews are on duty around the clock.
2. Formations and units of reduced strength, personnel and newly formed units are staffed according to wartime states, combat coordination is carried out and are brought to full combat readiness.
3. Formations and units are being prepared for the performance of tasks for their operational mission.
4. Time to bring connections and parts of constant readiness
"Full"- install:
a) without staffing to wartime states.
Out of combat readiness "Constant"
Out of combat readiness "Increased"
b) with understaffing to wartime states from combat readiness
"Constant"- no more than 12 hours
5. Terms of deployment to wartime states and bringing to combat readiness "Full"- formations, units and institutions of reduced composition, personnel and newly formed ones are determined by mobilization plans.
combat readiness "Increased", "Military danger", "Full" in the Armed Forces, it is introduced by the Ministry of Defense or on its behalf by the Chairman of the Chiefs of Staff Committee.
Bringing troops to various levels of combat readiness, depending on the situation, can be carried out sequentially or immediately to the highest, bypassing the intermediate ones. On alert "War Danger", "Full" troops are brought in on alert.
In case of a sudden attack on the territory of the Republic of Kazakhstan, the right to put subordinate troops on alert "Full" is submitted to the Minister of Defense of the Republic of Kazakhstan, the commanders of formations, formations and units, in the areas of deployment and in the zone of responsibility of which the attack was carried out, with an immediate report to the authority.
Constitutional Court Russian Federation as part of the Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleanrova, S.D. Knyazev, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, N.V. Selezneva, O.S. Khokhryakova,
after hearing the conclusion of Judge Oh.C. Khokhryakova, who conducted a preliminary study of the complaint of citizen I.A. Markov, installed:
1. According to Article 11 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”, the total duration of the weekly service time of military personnel serving under a contract, with the exception of the cases specified in paragraph 3 of this article, should not exceed the normal duration weekly working hours established by federal laws and other regulatory legal acts of the Russian Federation; involvement of these military personnel in the performance of duties military service in excess of the established duration of the weekly service time, in other cases, it is compensated by rest of the corresponding duration on other days of the week; if it is impossible to provide the specified compensation, the time of performing the duties of military service in excess of the established duration of the weekly service time is summed up and provided to military personnel in the form of additional days of rest, which can be added, at the request of these military personnel, to the main vacation; the procedure for recording service time and granting additional days of rest is determined by the Regulations on the procedure for performing military service (paragraph 1); combat duty ( military service), exercises, ship cruises and other events, the list of which is determined by the Minister of Defense of the Russian Federation (the head of another federal executive body in which military service is provided for by federal law), are carried out, if necessary, without limiting the total duration of weekly service time; additional days of rest, compensating military personnel for participation in these events, are not counted towards the main and additional holidays and are provided in the manner and on the conditions determined by the Regulations on the procedure for military service; contracted military personnel participating in events that are held, if necessary, without limiting the total duration of weekly service time, at their request, instead of providing additional days of rest, monetary compensation may be paid in the amount of a monetary allowance for each additional day of rest required; the procedure and conditions for the payment of monetary compensation are established by the head of the federal executive body in which military service is provided for by federal law (clause 3).
At the same time, the same article provides that servicemen who are doing military service in formations and military units of constant readiness, transferred in accordance with the established procedure for recruitment by military personnel undergoing military service under a contract, additional rest in accordance with paragraphs 1 and 3 of this article is not provided (paragraph 3.1). The constitutionality of this legal provision is disputed in the complaint of citizen I.A. Markov, who served under a contract with the rank of senior warrant officer in military unit 6832, which, as follows from the materials submitted, since January 1, 2007, belongs to military units of constant readiness, transferred to the recruitment of military positions by military personnel undergoing military service under a contract.
In 2003-2012 I.A. Markov, being in business trips in Chechen Republic, the Republic of Ingushetia and the Republic of Dagestan, took part in hostilities (the total period of his participation in hostilities was 445 days). On October 14, 2013, he was early dismissed from military service on the grounds provided for by subparagraph “b” of paragraph 3 of Article 51 of the Federal Law of March 28, 1998 No. 53-FZ “On military service and military service ”(for health reasons - in connection with the recognition by the military medical commission as partially fit for military service), and from November 1, 2013, he was excluded from the lists of personnel of the military unit.
Believing that upon dismissal, the settlement with him was not made in full - monetary compensation was not paid in exchange for providing additional days of rest for the period of being on business trips and participating in hostilities, I.A. Markov applied to the commander of military unit 6832 with a statement on the calculation and payment of this compensation, but his application was denied.
The Arkhangelsk Garrison Military Court, by a decision of January 21, 2014, left unchanged by the appeal ruling of the Northern Naval Military Court of March 19, 2014, refused I.A. Markov in satisfying the application to challenge the actions of the commander of the military unit related to the issuance of an order to exclude him from the lists of personnel of the military unit without providing monetary allowance in full and with the refusal to pay the specified compensation. By the decision of the judge of the Northern Naval Military Court dated May 21, 2014, I.A. Markov was denied the transfer of his cassation appeal for consideration in a session of the court of cassation.
AT court rulings, in particular, it was pointed out that, in accordance with paragraph 3.1 of Article 11 of the Federal Law “On the Status of Military Personnel” and Article 221 of the Charter of the Internal Service of the Armed Forces of the Russian Federation (approved by Decree of the President of the Russian Federation of November 10, 2007 No. 1495), military personnel undergoing military service in formations and military units of constant readiness, transferred in the prescribed manner to recruitment by military personnel undergoing military service under a contract, additional rest in case they are involved in the performance of military service duties on working days in excess of the established duration of weekly service time, as well as participation in events held without limiting the total length of weekly working time, not available; since military unit 6832 was classified as a permanent readiness unit on January 1, 2007, there are no grounds for granting I.A. Markov additional days of rest, and therefore, the possibility of paying monetary compensation for these days is also excluded; in addition, I.A. Markov, having applied to the court on January 9, 2014, missed both the general limitation period provided for by Article 196 of the Civil Code of the Russian Federation in respect of a claim for payment of compensation for the period from 2003 to January 9, 2011, and the period established by Article 256 of the Civil Procedure Code of the Russian Federation to the court with a statement challenging the actions of an official; he did not provide any evidence of valid reasons for missing this deadline.
According to the applicant, paragraph 3.1 of Article 11 of the Federal Law "On the Status of Military Personnel" allows for the inequality of military personnel, since it puts those of them who do military service in permanent readiness formations and military units in a worse position compared to other categories of military personnel in matters of exercising the right for additional rest or receiving monetary compensation instead of granting additional days of rest when called upon to perform military service duties in excess of the established duration of weekly service time, and thus contradicts Articles 2, 7, 19 (parts 1 and 2), 45 (part 1), 55 , 59 (parts 1 and 2) and 71 (paragraphs "c" and "m") of the Constitution of the Russian Federation.
2. The Constitutional Court of the Russian Federation in its decisions, in particular in the decisions of December 26, 2002 No. 17-P, of May 17, 2011 No. 8-P and of March 21, 2013 No. 6-P, noted that military service, concluding a contract on the passage of which, a citizen exercises the constitutional right to freely dispose of his abilities to work and to choose the type of activity, is a special type public service directly related to ensuring the defense of the country and the security of the state and, therefore, carried out in the public interest, and persons performing military service perform constitutionally significant functions.
The special nature of military service separate species of the federal civil service due to its specific purpose - to protect the state sovereignty and territorial integrity of the Russian Federation, ensure the security of the state, repel an armed attack and perform tasks in accordance with international obligations Russian Federation, which, according to the first part of Article 26 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”, constitutes the essence of military duty, which determines the content of the general, official and special duties of military personnel.
Accordingly, the goals of maintaining the combat capability of military units on high level performance of tasks to ensure the defense of the country and the security of the state, the possibility of introducing special rules of service that are different from those provided for other categories of civil servants, including in terms of exercising the right to rest by military personnel, is also predetermined.
At the same time, in accordance with Articles 59 (part 2) and 71 (paragraphs "m" and "t") of the Constitution of the Russian Federation, the legal regulation of relations related to military service, the federal legislator is obliged to ensure a balance between constitutionally protected values, public and private interests, while observing the principles of justice, equality and proportionality arising from the Constitution of the Russian Federation, and the norms introduced by it must meet the criteria of certainty, clarity, unambiguity and consistency with the system of the current legal regulation.
2.1. The right of everyone to rest, enshrined in the Constitution of the Russian Federation (Article 37, part 5), which includes the right to leisure and a reasonable limitation of the working day provided for in Article 24 of the Universal Declaration of Human Rights, is designed to guarantee the restoration of the human body after the stress associated with work (service ), which not only ensures further effective execution assigned to the person labor (service) duties, but also the preservation of the physical and mental health of a person, the intellectual and moral development of the individual. The right to rest creates prerequisites for the realization of other human rights and freedoms, in particular the right to health care, the right to education, the right to participate in activities public associations, rights in the field physical culture and sports, etc.
Being aimed at providing every citizen with the opportunity to restore the ability to productive work or other socially useful activities through which the right to work is realized, the constitutional right to rest has a universal character, and features of military service, although they allow the establishment of special rules (mechanisms) for the implementation of this rights, however, do not imply its excessive and uncompensated limitation.
2.2. Formations and military units of constant readiness are staffed by servicemen who have entered into a contract for military service and thereby voluntarily embarked on the implementation of the relevant professional activities. The service duties of military personnel of permanent readiness formations and units are aimed at achieving special results in combat training, which allows them to immediately begin to fulfill the tasks assigned to them at any time.
Thus, in itself, the consolidation of increased requirements for this category of military personnel, due, among other things, to the intensity of combat training events and entailing certain features of the exercise of the right to rest, as well as the establishment of special rules and forms of compensation for them when performing military service duties outside the established duration of weekly working hours, i.e. when engaging in military service duties in excess of the established duration of weekly service time, as well as participating in events that are held, if necessary, without limiting the total duration of weekly service time, which differ from the rules and forms of compensation that are provided for other categories of military personnel, does not mean a violation their rights and cannot be regarded as a limitation of their rights inconsistent with the requirements of the Constitution of the Russian Federation.
Determining the forms of compensation for military personnel of increased loads, if they need to perform their duties of military service outside the established duration of weekly service time, is the prerogative of the legislator and the executive authorities authorized by him, which can provide appropriate compensation for military units performing special tasks. cash payments(for example, an increase in salary, a special allowance or additional payment as part of monetary allowance, etc.) or other grants in exchange for additional days of rest, however, due to the universal nature of the constitutional right to rest, they are not entitled to, regulating service time and rest time for military personnel undergoing military service under the contract, to introduce such rules that would provide for the performance of military service duties beyond the established duration of weekly duty hours without any compensation.
The presence of state authorities exercising powers in the field of military service, the obligation in one form or another to compensate military personnel for the performance of military service duties outside the established duration of weekly service time, has previously been noted by the Constitutional Court of the Russian Federation in its decisions. So, in relation to the legal situation related to ensuring the right of a serviceman to compensation for the performance of military service duties in excess of the established duration of weekly service time during a business trip, the Constitutional Court of the Russian Federation indicated that the exclusion from the List of events that are carried out if necessary without limiting the total duration weekly duty time of military personnel (approved by order of the Minister of Defense of the Russian Federation of November 10, 1998 No. 492), clause 8, which provided for being on official business trips among the indicated activities, does not in itself mean that the involvement of military personnel undergoing military service under a contract to performance of military service duties in excess of the established duration of weekly service time may be carried out without appropriate compensation (Determination of June 24, 2014 No. 1366-O).
3. In order to create the necessary conditions for the exercise of the right to rest by persons undergoing military service under a contract, the federal legislator, in Article 11 of the Federal Law "On the Status of Military Personnel", provided for a number of guarantee provisions that fix the total duration of weekly service time and determine the mechanism for granting them additional days of rest, both in the case of being called to the performance of military service duties in excess of the established duration of the weekly duty time, and when they participate in combat duty (combat service), exercises, ship cruises and other events carried out if necessary without limiting the total duration of the weekly duty time establishing, in case of participation in such events, also the possibility of paying, at the request of a serviceman, instead of providing additional days of rest, monetary compensation in the amount of a monetary allowance for each additional day of rest required (points 1 and 3).
As an exception to the above rules, military personnel serving in formations and military units of constant readiness, transferred in the prescribed manner to recruitment by military personnel undergoing military service under a contract, in accordance with paragraph 3.1 of this article, additional rest in accordance with paragraphs 1 and 3 of this article is not provided . At the same time, by virtue of the first paragraph of clause 4 of the same article, the military personnel of these formations and military units are provided with at least one day of rest every week; in accordance with paragraph two of this paragraph, rest days are provided to military personnel on weekends and holidays, and when they are involved in military service duties on these days, rest is provided on other days of the week.
3.1. Clause 3.1 of Article 11 of the Federal Law “On the Status of Military Personnel”, disputed by the Applicant, was introduced by Federal Law No. 29-FZ of April 26, 2004 “On Amendments to Certain Legislative Acts of the Russian Federation”, aimed at creating a legislative basis for the transition to the recruitment of formations and military units of constant readiness by military personnel serving under a contract, and to improve the combat readiness of these formations and military units, and in fact - to implement the provisions of the Federal Target Program "Transition to the recruitment of military personnel serving under a contract, a number of formations and military units" to 2004-2007, approved by the Decree of the Government of the Russian Federation of August 25, 2003 No. 523.
In order to compensate for this category of military personnel, additional restrictions and burdens due to the nature of military service in formations and military units of constant readiness, including those related to participation in events held without limiting the total duration of weekly service time, the same Federal Law, paragraph 4 of Article 13 Federal Law "On the Status of Servicemen" was supplemented by a provision according to which such servicemen were additionally paid a differentiated allowance for special conditions of combat training in the amount established by the Minister of Defense of the Russian Federation (the head of another federal executive body in which military service is provided for by federal law), in in the manner determined by the Government of the Russian Federation.
Thus, for this category of military personnel, special form compensation in connection with the performance of military service duties by them outside the established duration of weekly service time, which differs from the compensation provided in accordance with paragraph 1 of Article 11 of the Federal Law "On the Status of Military Personnel" to a military serviceman who is serving under a contract when called to perform duties military service in excess of the established duration of weekly duty time, and from the compensation provided for in paragraph 3 of this article for participation in events held, if necessary, without limiting the total duration of weekly duty time.
The choice of this form of compensation, due to the peculiarities of military service in formations and military units of constant readiness and related to the discretion of the federal government bodies that carry out the legal regulation of military service, cannot be considered as arbitrary and contrary to the constitutional principle of equality.
3.2. Federal Law No. 122-FZ of August 22, 2004 “On Amendments to the Legislative Acts of the Russian Federation and the Recognition of Certain Legislative Acts of the Russian Federation as Invalid in Connection with the Adoption of Federal Laws “On Amendments and Additions to the Federal Law “On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” and “On the general principles of organizing local self-government in the Russian Federation”, namely paragraph 6 of its Article 100, paragraph 4 of Article 13 of the Federal Law “On the Status of Military Personnel” was set out in a new wording and no longer contained a mention of a special compensation mechanism for military personnel of military units of constant readiness.
At the same time, paragraph 3 of Decree of the Government of the Russian Federation of December 26, 2005 No. 808 “On the procedure and amount of payment of monetary compensation instead of the annual provision of sanatorium treatment and organized recreation and instead of granting the right to free travel to the place of use of the main vacation and back, as well as the payment of allowances for special conditions of combat training to military personnel serving under a contract in formations and military units of permanent readiness "provided for the payment of a differentiated allowance for special conditions of combat training, the specific amount of which was established by the Minister of Defense of the Russian Federation (the head of another federal executive body, in which the law provides for military service) depending on the complexity, volume and importance of the tasks performed.
Order of the Ministry of Internal Affairs of the Russian Federation of February 2, 2004 No. 56 "On the establishment of a monthly allowance for special conditions of combat training for certain categories of military personnel internal troops Ministry of Internal Affairs of Russia” determined the amount of the monthly allowance for special conditions of combat training for servicemen of the internal troops of the Ministry of Internal Affairs of Russia (which included the applicant). This order, as follows from its content, was issued in pursuance of Article 13 of the Federal Law "On the Status of Military Personnel" and the Decree of the Government of the Russian Federation of August 25, 2003 No. 523 "On the Federal Target Program" , a number of formations and military units "for 2004-2007", which confirms the identity of the allowance established by him with the differentiated allowance for special conditions of combat training.
Thus, the legal regulation that was in force in the period 2004-2011 provided for compensation for military personnel serving under a contract in permanent readiness formations and military units when performing military service duties outside the established duration of weekly service time by establishing and paying them a differentiated allowance for special conditions for combat training. This allowance, as indicated in the response to the request of the Constitutional Court of the Russian Federation, received from military unit 6832, was paid monthly to I.A. Markov in the period from January 1, 2007 to December 31, 2011 in the amount of 3,300 rubles.
3.3. In connection with the comprehensive reform of the monetary allowance of military personnel carried out in 2011-2012 and the entry into force on January 1, 2012 of the Federal Law of November 7, 2011 No. systems of monetary allowance with an ordered set of additional payments, coefficients and allowances for the monetary allowance of military personnel, by-laws that established allowances for special conditions of combat training, have become invalid. Meanwhile, the approach of the legislator, in which the specifics of military service under the contract, including the special conditions of service in formations and military units of constant readiness (related, among other things, to the need to perform military service duties outside the established duration of weekly service time), are subject to account when determining the size of their monetary allowance, has not changed.
So, in accordance with Part 2 of Article 2 of the Federal Law "On the Monetary Allowance of Military Personnel and the Provision of Separate Payments to Them", the monetary allowance of a serviceman undergoing military service under a contract consists of a monthly salary in accordance with the assigned military rank (salary according to military rank), a monthly salary in accordance with the military position held (salary for a military position), which constitute the monthly salary of a serviceman (monetary salary), and from monthly and other additional payments (additional payments), and in accordance with part 34 of the same article, in addition to the payments provided for by it The President of the Russian Federation and (or) the Government of the Russian Federation may establish other payments depending on the complexity, volume and importance of the tasks performed by military personnel.
As one of the additional payments to servicemen, part 18 of Article 2 of the said Federal Law provides for a monthly allowance for special conditions of military service, which is set at up to 100 percent of the salary for a military post and the rules for paying which to servicemen undergoing military service under a contract are approved by a decree of the Government of the Russian Federation. Federation of December 21, 2011 No. 1073. The specified monthly allowance is provided, in particular, to military personnel serving in formations (military units, subdivisions) of special (special) purpose, in reconnaissance formations (military units, subdivisions) according to the list approved by the state body , etc. The materials additionally received by the Constitutional Court of the Russian Federation indicate that I.A. also received such an allowance. Markov - in the amount of 100 percent of the salary for a military position (17,500 rubles), and in general, his monetary allowance as a result of the reform of the system of monetary allowances for military personnel increased almost 2.5 times.
In addition, as can be seen from the complaint and the court decisions attached to it, the right to receive monetary compensation in return for I.A. Markov associates with participation in hostilities during business trips to the territory of the North Caucasus region of the Russian Federation. Meanwhile, for the participation of a serviceman in combat operations, the legislation on military service provides for special compensation payments in an increased amount on the basis of special regulations. Thus, certain categories of military personnel, including military personnel of the internal troops of the Ministry of Internal Affairs of Russia, who are serving under a contract and seconded to the territory of the North Caucasus region of Russia, by Decree of the Government of the Russian Federation of December 29, 2011 No. 1174 “On additional payments to certain categories of military personnel and employees federal executive authorities” (as was also enshrined in the earlier Decree of the Government of the Russian Federation dated February 9, 2004 No. 65 “On additional guarantees and compensations for military personnel and employees of federal executive authorities participating in counter-terrorism operations and ensuring law and order and public safety on the territory of the North Caucasian region of the Russian Federation”), additional payments are provided for the monetary maintenance. In accordance with the certificates of the Ministry of Internal Affairs of the Russian Federation and military unit 6832 on the composition of the allowance of I.A. Markov in 2012, for performing tasks as part of the Joint Group of Forces on the territory of the North Caucasus region of Russia, he was paid additional monetary allowance for each month of his stay on a business trip in an amount comparable to his monthly allowance.
Therefore, there is no reason to believe that with the abolition of the differentiated allowance for special conditions of combat training, the applicant's situation worsened and that the specifics of military service in a permanent readiness military unit remained unaccounted for in the new system of monetary allowances for servicemen.
4. Thus, paragraph 3.1 of Article 11 of the Federal Law “On the Status of Military Personnel” cannot in itself be considered as violating the constitutional rights of the applicant, since - both in the system of provisions of normative legal acts that have become invalid, and in the system of current legal regulation - when determining the size of the monetary allowance of military personnel, it involves taking into account the special conditions of service in formations and military units of constant readiness, related, among other things, to the need to perform military service duties outside the established duration of weekly service time.
The resolution of the question of the extent to which the allowance for special conditions of service and other payments established by the current regulatory legal acts, provided to military personnel serving in formations and military units of permanent readiness, compensate for the abolition of the differentiated allowance for special conditions of combat training, as related to the verification the validity of the amounts of these payments provided for by these regulatory legal acts, is not within the competence of the Constitutional Court of the Russian Federation.
Based on the foregoing and guided by Article 36, paragraph 2 of Article 43 and part one of Article 79 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation determined:
1. Recognize the complaint of citizen Markov Ivan Alexandrovich as not subject to further consideration in a session of the Constitutional Court of the Russian Federation, since the resolution of the issue raised by the applicant does not require the issuance of the final decision provided for in Article 71 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" in the form of a resolution.
2. The ruling of the Constitutional Court of the Russian Federation on this complaint is final and not subject to appeal.
Document overview
According to the Law on the Status of Military Personnel, contractors may be called upon to perform military service duties in excess of the established weekly duty hours. This is compensated by rest of an appropriate duration on other days of the week. In case of impossibility of such compensation, additional days of rest are provided. Additional days of rest are also compensated for participation in events that are held if necessary without limiting the total duration of the weekly service time. Instead, compensation may be paid. However, the specified additional rest is not provided to those who serve in formations and military units of constant readiness, transferred to recruitment by contract soldiers.
The constitutionality of these provisions was challenged by a citizen who served in one of these military units and who was denied compensation in exchange for additional days of rest. In his opinion, the above norms allow for the inequality of servicemen.
The Constitutional Court of the Russian Federation did not accept the complaint for consideration, while explaining the following.
For contract soldiers who serve in formations and military units of constant readiness, increased requirements have been established, entailing certain features of the exercise of the right to rest. This is due, among other things, to the intensity of combat training activities.
The legal regulation that was in force in 2004-2011 provided for a differentiated allowance for such military personnel for special conditions of combat training. The applicant received it monthly.
In 2011-2012 a comprehensive reform of the monetary allowance of military personnel was carried out. But even now, when determining the amount of monetary allowance, special conditions of service in formations and military units of constant readiness are taken into account, including the need to perform military service duties outside the established duration of weekly service time.
So, for contract soldiers, a monthly allowance is provided for special conditions of military service (up to 100% of the salary for a military position). The applicant also received this allowance. At the same time, as a whole, as a result of the reform, his monetary allowance increased by almost 2.5 times.
Consequently, there are no grounds to believe that with the abolition of the differentiated allowance for special conditions of combat training, the applicant's situation worsened. And that the features of service in a military unit of constant readiness remained unaccounted for in the new system of monetary allowances for military personnel.
Major General Igor KIRILLOV, Chief of the Radiation, Chemical and Biological Defense Forces of the Armed Forces of the Russian Federation, answers the questions of the Red Star.
- Igor Anatolyevich, what are the RCB protection troops today, what tasks do they face? How have the technical means and weapons of the RCB protection troops changed over time? What special tasks are performed by the RCB protection troops in Peaceful time?
- To perform tasks in the interests of the Armed Forces and the state as a whole, a self-sufficient grouping of radiation, chemical and biological defense forces has been created. In 2017-2020, its composition and the organizational and staffing structure of formations, units and organizations of the NBC protection troops will be improved in order to ensure the fulfillment of tasks for the NBC protection of groups of the Armed Forces in armed conflicts and local wars, to eliminate the consequences of possible emergencies and to conduct research in the field of applied sciences (chemistry, biology, biochemistry, genetics, biotechnology).
To date, the NBC protection troops include combat-ready formations, units and subunits that are part of military districts, associations, formations of the branches of the Armed Forces and branches of service, military units and organizations of direct subordination, including research organizations and training military units .
Modern technical means and weapons of the RCB protection troops meet the requirements both for the protection of the troops and the population of the country in the conditions of the use of mass destruction, and in case of accidents (destruction) at objects dangerous to the RCB in relation to objects and allow to fully fulfill the tasks facing the RCB protection troops.
Considering that the existing system of weapons and means of NBC protection includes various subsystems (RCB intelligence and control; protection of personnel; special processing of weapons, military and special equipment, terrain, buildings and structures; reducing the visibility of troops and objects; fire destruction of the enemy; security) , both technical means and the system of weapons and means of NBC protection as a whole are being improved.
So, personal protective equipment is changing taking into account the increase protective characteristics, improving ergonomic properties. RCB reconnaissance means - taking into account the increase in sensitivity, the expansion of the list of substances to be determined. Flamethrower-incendiary means - taking into account the increase in the effectiveness of destruction.
Concerning further development weapons and means of RCB protection, then it goes to following directions. This is the widespread introduction of automated control systems; creation of robotic systems for special purposes, including unmanned aerial vehicles; improvement of remote NBC reconnaissance systems; qualitative improvement performance characteristics samples of weapons and means of NBC protection; minimization of human participation in the operation of technical means, which allows not only to reduce the probability of errors to a minimum (practically to zero), but also to maximize the safety of the life and health of a military specialist.
Among the main tasks facing the troops today are the re-equipment of the troops with modern (promising) models of weapons and military equipment; a phased transition to recruitment by military personnel serving under a contract; interaction with interested federal executive authorities on the issues of functioning state system radiation, chemical and biological safety of the Russian Federation; organization of functioning in the Armed Forces of the Russian Federation of the Unified System for identifying and assessing the scale and consequences of emergencies caused by radiation, chemicals and biological agents of technogenic origin.
The list of our activities, in particular, includes: biological reconnaissance; forecasting and assessment of the biological situation; special processing of troops, weapons and military equipment, structures, terrain and roads, uniforms, equipment, personal protective equipment.
To perform tasks in the interests of the Armed Forces and the state, a self-sufficient grouping of NBC protection troops was created
As for the tasks of the troops in peacetime, this is to ensure the readiness of the troops to eliminate the consequences of radiation, chemical and biological contamination (due to man-made and natural emergencies) in the interests of the troops and the population.
In addition, the NBC protection troops perform tasks to ensure the security of large international forums and mass sporting events. In the period from 2011 to 2017, the troops participated in ensuring the security of almost all significant international forums and sports mass events such as: the Summer Universiade in Kazan, the XXII Olympic Winter Games in Sochi, the Football Confederations Cup, annual economic and political forums in the cities of St. Petersburg, Sochi, Vladivostok.
An analysis of the fulfillment of these tasks showed that the forces and means of the troops became the basis of an interdepartmental grouping to carry out the tasks of the NBC protection.
I would like to note that research organizations and subdivisions of the NBC protection troops, in cooperation with federal executive authorities (Ministry of Health, Rospotrebnadzor, Rosselkhoznadzor, etc.), are actively working to analyze and prevent the spread of outbreaks of especially dangerous and exotic infectious diseases in Russia.
In 2016-2017, units of the NBC protection troops took part in the elimination of outbreaks of especially dangerous infectious diseases of people and animals (anthrax, African swine fever, foot and mouth disease, bird flu, brucellosis, etc.) in various regions of the Russian Federation (Yamal-Nenets autonomous district, Omsk, Nizhny Novgorod regions and the Republic of Bashkortostan).
Participation in these events allowed the NBC protection troops to gain experience in dealing with the consequences of emergencies in the centers of biological contamination, to test the latest mobile biological complexes in practice, as well as to develop and experimentally test effective methods disposal of dead animals infected with pathogenic microorganisms.
- Recently, final inspections for the past training period were completed in the troops. With what results did the RCB protection troops approach the end of the year?
- In October, comprehensive control checks and control exercises were held in the RCB protection troops. They were conducted by commissions of the Office of the Chief of the Radiation, Chemical and Biological Protection Troops of the Armed Forces of the Russian Federation and the commanders of military units and organizations. The readiness of military units and organizations of the NBC protection troops to perform tasks for their intended purpose was assessed.
The brigades and regiments of the NBC protection, scientific organizations and the training center for the training of junior specialists were checked, which were rated as good.
Units were checked in the course of solving combat training tasks with the implementation of standards for the management of units, tactical-special and special training, as well as in control classes in the main subjects of training.
The best results were achieved by the personnel of the RCB reconnaissance battalion of the 1st mobile brigade RHBZ and the battalion of the RHBZ emergency response of the 9th regiment of serifs and reconnaissance. Such results became possible due to the increase in the number of highly qualified military personnel under the contract.
Today, a contract soldier must be a specialist in his field - modern, high-tech equipment is supplied to formations and military units. A system for the selection, training and retraining of military personnel under a contract in training military units has been introduced in the NBC protection troops, combat training is carried out according to new training programs that incorporate modern training methods, the main place in which is occupied by the training of military personnel under the contract.
Today, experimental design work is being carried out to create a new robotic complex for the RCB protection troops.
Much attention is paid to the study and implementation of experience gained in local wars and armed conflicts. The elements of combat (professional) training for this include various exercises, from company tactical-special exercises to exercises in units and formations in cooperation with formations, units of the branches (arms) of the Armed Forces and interdepartmental military formations in various RCB environments.
In general, the participation of the NBC protection troops in the operational and combat training activities carried out this year increased their level of readiness to perform tasks for their intended purpose, made it possible to solve tasks in a coordinated and high-quality manner as part of an interspecific grouping of troops and maximize the potential of their combat potential.
- Did the RCB protection troops take part in the joint strategic exercise "West-2017"? What were the tasks before them?
- Yes, they did. As part of the joint strategic exercise "West-2017", the troops of the NBC protection of the Armed Forces of the Russian Federation carried out tasks for their intended purpose, together with the troops of the NBC protection of the armed forces of the Republic of Belarus. During the exercise, issues of NBC protection of a group of troops (forces) were worked out in the interests of ensuring the military security of the Union State.
For the training of units operating in the conditions of the use of poisonous substances by the "enemy", a training site was deployed, including sites for theoretical training of personnel, technical testing of respiratory protection, equipment training, compliance with RCB protection standards, military medical and psychological training. Particular attention was paid to the psychological preparation of military personnel for actions with the specifics of the NBC protection troops.
I note that the personnel of the units participating in the exercise were provided with the latest PMK-4 gas masks, accepted for supply in June of this year.
According to the results of the exercise, the management and service of the NBC protection were assessed as capable of organizing the fulfillment of the tasks of the NBC protection in the interests of the group of troops (forces), military units and subunits showed excellent training and coherence in actions.
– What is your assessment of the participation of Russian specialists of the NBC protection troops in the Army Games-2017?
– For three years now, the personnel of the RCB protection troops have been participating in the International Army Games under the general leadership of the Minister of Defense of the Russian Federation.
This year, the selection for participation in the "Safe Environment" competition within the framework of the International Army Games took place in several stages, and the all-army one was decisive. The main criteria in determining the rating of teams - contenders for participation in the international stage of the "Safe Environment" competition were the results of the development of standards for special tactical, special training, NBC protection, physical training, driving special vehicles, fire training, the state of weapons and military equipment.
The winners were the teams from the directly subordinate team, which represented the Russian team at the international stage.
This year (taking into account the proposal of the Chinese side), the Minister of Defense of the Russian Federation decided to hold the International Competition "Safe Environment" on the territory of the Chinese People's Republic at a training ground near the city of Korla (Xinjiang Uygur Autonomous Region).
Five teams (98 participants) from Russia, the Republic of Belarus, the Islamic Republic of Iran, the Arab Republic of Egypt and the People's Republic of China took part in the competition.
The Chinese side provided all the teams that participated in the competition with the same special equipment, weapons and RCB reconnaissance devices, on which the Chinese team competed.
The Russian team at the international stage has improved its results of passing the track, performing competitive exercises and physical training compared to the previous year. It can be said that she walked shoulder to shoulder with the Chinese team - the territorial hosts of the competition. The program of the competition in China was changed to suit the route and conditions offered by the Chinese side, but the basis remained the same.
Based on the sum of prizes for all stages of the competition held in China, the overall rating of the participating countries was determined: 1st place - China, 2nd place - Russia, 3rd place - Belarus, 4th place - Egypt, 5th place - Iran. Analysis of the results of the competition showed that the purposeful preparation of the Russian team made it possible to secure the second place at all stages.
My assessment of the Russian team is high. The servicemen coped with the task, once again proved that today they are the best specialists of the RCBZ troops, not only of the Armed Forces of the Russian Federation.
- Are new units and formations of the RCB protection being formed at the present time? If so, what tasks will they perform?
- As for the construction of troops, in recent years, NBC protection regiments have been formed as part of the armies, the organizational and staffing structure of the serif and reconnaissance regiment has been optimized, which is directly subordinate to the head of the troops of radiation, chemical and biological protection of the Armed Forces of the Russian Federation. The regiment includes an emergency response battalion equipped with modern models of equipment and the latest equipment.
As part of the improvement of the control system for formations, units and organizations of the RCB Protection Troops, the Center for Control of the RCB Protection Troops was formed on the basis of the Office of the Chief of Troops.
In order to improve the military-scientific potential of the troops, a military-scientific committee of the RCB protection troops was created. A mobile research center for biological protection for special purposes and an expert center for chemical and biological threats have been formed, the work of which is linked to the activities of a number of interested federal executive bodies.
At the Military Academy of the RCB Protection named after Marshal of the Soviet Union S.K. Timoshenko, two new departments (“Automation of command and control” and “Biological protection”) began educational activities, and a scientific company began to train military personnel and research work.
To equip the NBC protection units, separate unique models of equipment have been developed and put into operation, which currently have no analogues in the world. This equipment will be used to ensure the security of the most important events, including the 2018 FIFA World Cup.
In connection with the ongoing re-equipment of the Armed Forces of the Russian Federation with modern types of weapons, military and special equipment, the organizational structures of formations, units and subunits of the NBC protection, including those that are part of the formations and units of the branches of the Armed Forces and military branches, have been clarified. this work carried out jointly with the development of a unified standard for units of the troops, provided with the supply of modern weapons and military equipment under the state defense order. To ensure the supply of weapons and military equipment, purchased for the first time under the state defense order, the states of formations and units include modern models of equipment of the NBC protection troops, the supply of which is planned before the end of this year.
– Please, tell us in more detail about the course of re-equipment of the RCB protection units with the latest models of weapons and military equipment.
- The process of equipping the RCB protection troops with the latest models of weapons and equipment is given paramount attention. This task is also under special control of the leadership of the Russian Ministry of Defense.
The re-equipment of NBC protection units with the latest (promising) models is carried out in accordance with the decisions of the leadership of our country, the Russian Ministry of Defense within the framework of the state defense order and State program weapons. So, this year, the Armed Forces are receiving more than 350 units of special equipment from industry, including RHM-6 RCB reconnaissance vehicles, USSO universal special processing stations, TDA-3 smoke vehicles, and, of course, TOS-1A heavy flamethrower systems. Taking into account deliveries in 2017, the share of modern samples will exceed 60 percent, and by 2020 it will be at least 70 percent.
- What are the effectiveness and prospects for the development of robotic means used in the RCB protection troops?
- The main purpose of the use of robotic means is to minimize the risk of damage to personnel performing a task under the influence of various damaging factors.
The RCB protection troops were the first in the Armed Forces to accept robots for supply. Thus, using the experience of using various ground-based robotic systems to eliminate an accident on Chernobyl nuclear power plant, for the RCB protection troops, a mobile robotic complex KPR was developed and accepted for supply in 2002. It consists of a small reconnaissance robot MRK-PKh and a medium reconnaissance, sampling and clearing robot MRK-46. Both caterpillar robots have sufficient mobility, carrying capacity, control range, and are also equipped with modern means of visual and radiation reconnaissance.
Separate unique ones will be involved in ensuring the security of the most important events, including the 2018 FIFA World Cup
In addition, a remote-controlled wheeled radiation and chemical reconnaissance robot RD-RHR was developed, designed to conduct reconnaissance, search for local sources of gamma radiation in hard-to-reach areas, in industrial and residential premises.
Modern samples of robotic systems are able to effectively perform a wide range of tasks facing the RCB protection troops, including those arising during the elimination of the consequences of various kinds of emergencies.
Today, experimental design work is being carried out to create a new robotic complex for the RCB protection troops. It will include both ground robots and unmanned aerial vehicles. aircrafts. The use of UAVs for transmitting information about the radiation and chemical conditions will significantly increase the control range of ground robots.
- Where are future officers and junior specialists trained for the NBC protection troops? What are the advanced methods and techniques for training military personnel?
- The training of officers for the troops is carried out at the Military Academy of the RCB Protection named after Marshal of the Soviet Union S.K. Tymoshenko, which has deep, well-established traditions in the formation of highly qualified military professionals. These traditions are preserved and multiplied in modern conditions. Today, there are 30 doctors and about 200 candidates of sciences among the teaching staff. 13 scientific schools successfully work at the departments of the university.
The modern educational and material base of the academy provides favorable conditions for the activities of teachers and training of specialists for the NBC protection troops, including foreign armies. The Military Academy of the RCB Protection is one of the leading universities in the world in terms of its focus, it trains more than a thousand students and cadets, of which more than 800 people are trained for the Armed Forces of the Russian Federation, more than 100 people for other federal executive bodies.
In the educational process are widely used automated systems training, an extensive electronic library has been created.
Much attention in the academy is paid to the study of forms and methods of action, taking into account the experience gained in local wars and armed conflicts.
The academy is currently implementing six educational programs higher education(two programs of a specialist's degree, a master's degree and training of highly qualified personnel), one program of secondary vocational education and 28 programs of additional professional education.
The cadets are taught general education sciences by 144 best teachers of the Kostroma region, who ensure that they receive an education level in accordance with world standards.
In 2017, 22 percent of graduates graduated with honors, 10 percent with a gold medal.
The competition for the academy this year amounted to more than three people in place.
We are waiting for young people within the walls of our university who have firmly decided to devote their lives to protecting Russia, acquiring a necessary and interesting profession.
As for the training of junior commanders and specialists of the NBC protection troops for the Armed Forces, it is carried out in the 282nd training center NBC protection troops (interspecies, regional), located in the village of Bolshoe Bunkovo, Noginsk district, Moscow region.
At present, the training center, where junior specialists are trained in 10 military specialties, contains 86% of modern samples of special equipment of the RCB protection troops.
In the period from 2017 to 2020, as part of the Plan for equipping the Armed Forces of the Russian Federation, it is planned to supply the training center with promising models of the RCB protection troops: RHM-8 and RHM-9 reconnaissance vehicles, USSO-D special processing, and a mobile KRPP-1 control and distribution point , heavy flamethrower system TOS-2, aerosol countermeasure machines KSDU AEP.
The field training and material base of the center is a training complex, which includes a military shooting range, a flamethrower range, a flamethrower-shooting complex, a fire-assault strip, an engineering training field, an RCBZ training field with training grounds, a tactical training training field, a security training ground military service.
The military training and material base includes a sports hall, a sports town, an obstacle course, a water station on an open reservoir, a stadium, a volleyball court and a guard town.
The classroom educational and material base is represented by an educational building with nine classrooms. The training center has 15 (71 percent) sets of modern simulators and systems. All training aids are in good condition.
- What tasks will you set for the servicemen and troops for 2018 on the eve of the 100th anniversary of the troops?
– Undoubtedly, 2018 is a significant year for us in terms of troop training. We have planned a set of measures aimed at improving the NBC protection system for the troops and the population of the country.
First of all, this is the training of military command and control bodies. In the coming year, we will return the practice of conducting operational training activities at the bases of formations and units of the NBC protection troops of military districts.
The second step is the preparation of units. One of the main tasks facing the troops is the development of modern types of weapons, military and special equipment supplied to the troops under the rearmament program. To this end, we have planned a number of training events to study them and acquire practical skills in working on them with the crews of special vehicles of the NBC protection troops.
We will demonstrate the field training of units of the NBC protection troops during the All-Army and international competitions "Safe Environment" as part of the International Army Games - 2018. We will hold an international competition at our place, on the basis of the Military Academy of NBC Protection. We have to seriously prepare both for the reception of guests and for the fight for prizes.
The culmination of the training of the troops will be a special exercise of the RCB protection troops. In the course of it, we will check the increased capabilities of formations and units of the NBC protection troops in fulfilling tasks, taking into account the rearmament with modern types of weapons, military and special equipment.
The tasks for the troops for 2018 have been set; all that remains is their practical implementation.
- November 13 - professional holiday, Day of the NBC Protection Troops. Your wishes to those who connected their fate with this difficult profession.
- In the year of their 99th anniversary, the troops of the RCB for the protection of the Armed Forces of the Russian Federation are at a new stage of qualitative transformations, improvement and optimization. The ongoing activities have determined the main guidelines for the further improvement and development of the troops, in the transformation of all spheres of life, which are now being implemented.
The efforts of all formations, units and organizations of the troops are concentrated in a large, responsible, labor-intensive and science-intensive work. Each serviceman makes his own contribution to the common cause and has the right to be proud of the results achieved.
With all my heart I express sincere gratitude and gratitude to all servicemen of the NBC Protection Troops of the Armed Forces of the Russian Federation, whose efforts made it possible not only to quickly and efficiently solve the tasks assigned to the troops, but also to take a significant step forward in their development and improvement.
I wish the veterans and all personnel health, happiness and well-being, good luck in good undertakings, success in strengthening the power and glory of our beloved Motherland - great Russia!
219. The distribution of time in a military unit is carried out in such a way as to ensure its constant combat readiness and conditions were created for conducting organized combat training of personnel, maintaining military discipline and internal order, education of military personnel, raising their cultural level, comprehensive consumer services, timely rest and meals.
The total duration of the weekly service time of military personnel undergoing military service under a contract, except for the cases specified in paragraph three of this article, must not exceed the duration of the weekly working time established by federal laws and other regulatory legal acts of the Russian Federation. The length of service time for conscripted military personnel is determined by the daily routine of the military unit.
Combat duty (combat service), exercises, ship cruises and other events, the list of which is determined by the Minister of Defense of the Russian Federation, are carried out, if necessary, without limiting the total duration of the weekly duty time.
Conscripted servicemen, as well as contract servicemen in military professional educational organizations, military educational institutions of higher education and training military units, are provided with at least one day of rest every week. The rest of the servicemen doing military service under the contract are provided with at least one day of rest weekly, but not less than six days of rest per month.
220. Days of rest are provided to servicemen on weekends and holidays, and when they are involved in military service duties on these days, rest is provided on other days of the week.
Contracted military personnel involved in the performance of military service duties on working days in excess of the established duration of weekly duty time, as well as to events held without limiting the total duration of weekly duty time, are provided as compensation for rest on other days of the week by the decision of the commander of the military units (subdivisions), taking into account the need to maintain combat readiness and the interests of the service.
(see text in previous edition)
If it is impossible to provide, as compensation, to military personnel serving under a contract, rest of an appropriate duration on other days of the week, the time for performing military service duties on working days in excess of the established duration of weekly service time, on weekends and holidays, taking into account the time required for a military serviceman to arrive at place of service from the place of residence and back, as well as the time of participation in events held without limiting the total duration of weekly service time, is summarized and provided to the specified military personnel in the form of additional days of rest, which can be added to the main vacation. Accounting for the specified time (in hours and days) is kept by the unit commander in a journal, the correctness of the entries in which is confirmed weekly by the signature of a serviceman.
Contracted military personnel participating in events that are held, if necessary, without limiting the total duration of weekly service time, at their request, instead of providing additional days of rest, monetary compensation in the amount of a monetary allowance for each additional day of rest may be paid. The procedure and conditions for the payment of monetary compensation are established by the Minister of Defense of the Russian Federation.
Information on the number of additional days of rest, payments of monetary compensation instead of providing additional days of rest attached to the main leave, is submitted by the unit commander to the headquarters of the military unit.
(see text in previous edition)
222. The distribution of time in a military unit during the day, and according to some provisions, during the week, is carried out by the daily routine and regulations of official time.
The daily routine of the military unit determines the timing of the implementation of the main activities of daily activities, study and life of the personnel of the units and the headquarters of the military unit.
In addition to the daily routine, the regulations on the service time of military personnel serving under a contract establish the terms and duration of the performance of daily activities by these military personnel arising from the duties of military service.
The daily routine and duty time regulations are established by the commander of a military unit or formation, taking into account the type and type of troops of the Armed Forces, the tasks facing the military unit, the season, local and climatic conditions. They are developed for the period of training and can be specified by the commander of a military unit (formation) for the period of combat firing, field exits, exercises, maneuvers, ship cruises, combat duty (combat duty), service in daily duty and other activities, taking into account the peculiarities of their implementation. .
The daily routine and duty time regulations are in the documentation of the daily outfit, as well as in the headquarters of the military unit and in the offices of the units.
223. The daily routine of a military unit should provide for the time for morning physical exercises, morning and evening dressing, morning inspection, training sessions and preparing for them, changing special (working) clothing, cleaning shoes and washing hands before eating, eating, caring for weapons and military equipment, educational, cultural, leisure and sports activities, informing personnel, listening to the radio and watching TV broadcasts, receiving patients at the medical center, as well as time for the personal needs of military personnel (at least two hours), evening walks, evening checks and at least eight hours for sleep.
The intervals between meals should not exceed seven hours.
After lunch, no classes or work should be carried out for at least thirty minutes.
224. The service time regulations for contract military personnel should provide for the time of their arrival and departure from service, the time for a break for eating (lunch), self-study (at least four hours), daily preparation for classes and time on the physical training(total duration of at least three hours per week).
When determining the duty time regulations, the need for military personnel to perform official duties in accordance with the daily routine, as well as the implementation of measures aimed at maintaining the military unit (subunit) in constant combat readiness.
The schedule of service time when serving in daily duty is determined by general military regulations and relevant instructions.
Round-the-clock duty in a military unit (subunit) of officers, warrant officers and midshipmen, as well as sergeants and foremen who are doing military service under a contract who are not included in the daily outfit, can only be introduced in exceptional cases for a limited time by the commander of the troops of the military district, front, fleet , army.
225. Every week, as a rule on Saturday, a park and maintenance day is held in the regiment in order to maintain weapons, military equipment and other military property, equip and improve parks and facilities of the training and material base, put military camps in order and carry out other work. On the same day, a general cleaning of all premises is usually carried out, as well as a bathing of personnel in the bath.
In addition, in order to maintain weapons and military equipment in constant combat readiness, park weeks and park days are held in the regiment with the involvement of all personnel.
Park weeks, park and park maintenance days are held according to plans developed by the regiment headquarters together with the deputy regiment commanders for armaments and logistics and approved by the regiment commander. Extracts from the plans are brought to the departments.
On rest days, it is allowed to rise later than usual, at the hour set by the commander of the military unit, morning physical exercises are not carried out.
Question:
Hello. I serve in the 15th separate motorized rifle brigade of military unit 90600 (Roshchinsky village Samara region). Brigade one hundred percent on contract basis, according to article 221 of the internal charter and article 11 of the Federal Law "On the status of military personnel" (verbatim) clause 3.1. Servicemen doing military service in formations and military units of permanent readiness, transferred in accordance with the established procedure for recruitment by military personnel undergoing military service under a contract (hereinafter referred to as formations and military units of permanent readiness), additional rest in accordance with paragraphs 1 and 3 of this article is not provided !
The question is - am I entitled to monetary compensation for involvement in events held without limiting the total duration of weekly service time (3 months field trip)? And the second question - if I am not entitled to monetary compensation, then is this not a violation of my Constitutional right in accordance with paragraph 2.3 (discrimination), paragraph 5 of Article No. 37 of the Constitution of the Russian Federation, since, for example, a contractor in exactly the same position in a regular brigade receives (!) this monetary compensation instead of providing additional days of rest for involvement in events held without limiting the total duration of weekly service time. I am looking forward to your answer.
Sincerely, Contract based sergeant Toiganbaev Marat Zakirzhanovich
AnswerHead of the Supervision Department of the Main Military Prosecutor's Office, Major General of Justice Alexander Nikitin:
Having considered your application, we inform the following. Since February 5, 2013, you have been doing military service under a contract in military unit 90600 as commander of the 1st squad of a medical platoon. In accordance with paragraph 3.1 of Article 11 of the Federal Law of May 27, 1998 No. 76-FZ "On the Status of Military Personnel" and Article 221 of the Charter of the Internal Service of the Armed Forces of the Russian Federation, military personnel serving in formations and military units of permanent readiness transferred in the prescribed manner for recruitment by military personnel undergoing military service under a contract, additional rest in case they are involved in the performance of military service duties on working days in excess of the established duration of weekly service time, as well as participation in events held without limiting the total duration of weekly service time, is not provided.
In connection with the foregoing, there are no grounds for providing you with additional days of rest, and, consequently, for paying monetary compensation for these days.
As one of the additional payments to servicemen, Part 18 of Article 2 of the said Federal Law provides for a monthly allowance for special conditions of military service, which is set at up to 100 percent of the salary for a military post. The rules for its payment to military personnel serving under a contract are determined by Decree of the Government of the Russian Federation of December 21, 2011 No. 1073.
In particular, this monthly allowance is provided to military personnel serving in formations (military units, subunits) of special (special) purpose, and to other specified categories of military personnel. The specified allowance is paid to military personnel of military unit 90600, including you.
Thus, paragraph 3.1 of Article 11 of the Federal Law "On the Status of Servicemen" cannot be considered as violating the applicant's constitutional rights, since when determining the amount of the monetary allowance of servicemen, it involves taking into account the special conditions of service in formations and military units of permanent readiness, related, inter alia, with the need to perform military service duties outside the established weekly duty hours.
A similar position is set out in the ruling of the Constitutional Court of the Russian Federation dated December 9, 2014 No. 2743-O "On the complaint of citizen Markov I.A. for violation of its constitutional rights Clause 3.1 of Article 11 of the Federal Law "On the Status of Servicemen".
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