Dismissal from military service
One of the most important elements of military service is dismissal. It should be noted that although dismissal from military service is not an end to military service, a soldier can not be excluded from the list of military personnel until he is discharged from military service in due course.
Dismissal from military service is considered as a circumstance (event), which, in accordance with federal laws and Regulations on the procedure for military service, determines the servicemen's legal status in military service.
The grounds for dismissal from military service can be divided into three groups.
The first group provides general grounds for dismissal from military service (Part 1, Article 51 of the Federal Law "On Military Duty and Military Service"):
a) by age - upon reaching the age limit of military service;
b) after the expiration of military service by conscription or the term of the contract;c) due to a state of health - in connection with the recognition of his military medical commission as unfit for military service;
d) in connection with the deprivation of his military rank;
e) in connection with the loss of confidence in the serviceman by an official who has the right to decide on his dismissal in cases specified in the law;
e) in connection with the loss of confidence in the serviceman who is the commander (chief), on the part of the official who has the right to decide on his dismissal, also in the event of non-acceptance by the serviceman who is the commander (chief), who became aware of the occurrence of subordinate serviceman of personal interest, which can lead to a conflict of interests, measures to prevent and (or) resolve conflicts of interest;
g) in connection with the entry into force of a court verdict on the appointment of a military prisoner in the form of imprisonment;
h) in connection with the entry into force of a court verdict on the appointment of a military serviceman undergoing military service under a contract, in the form of deprivation of liberty, conditionally for a committed crime intentionally;
i) in connection with the deduction of vocational education from the military educational institution;
k) in connection with the entry into force of a court verdict on depriving a serviceman of the right to occupy military posts for a certain period;
k) in connection with the election of a serviceman who is in military service but conscripted, a deputy, as well as on other grounds established by the Federal Law.
The second group (part 2 of Article 51 of the said Federal Law) provides for the procedure for dismissal on the initiative of the head (state). A serviceman passing military service under a contract may be dismissed early from military service:
a) in connection with organizational and staff activities;
b) with the transfer to the service in other authorities;
c) with the failure of the contract terms;
d) with refusal to admit to state secrets or deprivation of the said tolerance;
e) with the entry into force of a court verdict on the appointment of a military prisoner in a form of deprivation of liberty conditional, as well as in connection with the entry into force of a court verdict on depriving a serviceman of the right to hold military posts for a certain period;
e) as not having passed the test;
g) in connection with the violation of prohibitions, restrictions and duties associated with the passage of military service, stipulated by paragraph 7 of Art. 10 and art. 27.1 Federal Law On the Status of Servicemen and on other grounds established by law.
The third group of grounds (part 3 of Article 51 of the Federal Law) - dismissal from military service on the initiative of a serviceman:
a) due to a material and (or) systematic breach of contract terms;
b) for health reasons - in connection with the recognition by the military medical commission of limited military service (with the exception of those found to be unfit for health reasons);
c) for family and other reasons.
Federal Law No. 329-FZ of November 21, 2011, "On Amending Certain Legislative Acts of the United States in Connection with Improving Public Administration in the Sphere of Counteracting Corruption"; in the Federal Law "On Military Duty and Military Service"; introduced a new article 51.1 "The procedure for the use of penalties for corruption offenses." Here are its main points.
1. Penalties foreseen by sub. e. 1 and e. 2 item 1 (in connection with loss of trust) and sub. e. 1 paragraph 2 (in connection with violation of prohibitions, restrictions and duties) Art. 51 of the Federal Law "On Military Duty and Military Service" are applied in accordance with the procedure established by US law regulating the issues of military service, on the basis of a report on the results of a check conducted by the Personnel Service Branch for the Prevention of Corruption and Other Offenses; a report on the results of the inspection was sent to the commission for compliance with the requirements for the conduct of official behavior of federal civil servants and the settlement of a conflict of interests (attestation committee ssiyu) - and on the basis of the recommendations of this committee.
2. In applying the penalties provided for in the above paragraphs, the nature of the corruption offense committed by the serviceman, its severity, the circumstances under which it was committed, the compliance of the servicemen with other restrictions and prohibitions, the requirements for prevention or settlement of conflicts of interests and the performance of duties established for the purpose of combating corruption , as well as the previous results of performance of military duties by the servicemen.
Thus, we examined the main legal facts of military service: appointment to military posts; appropriation of military ranks; attestation of military personnel; transfers and transfers of servicemen; discharge from military service.
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