Eviction of a serviceman upon dismissal for health reasons

What is a serviceman entitled to upon dismissal?

What a serviceman is entitled to upon dismissal depends on how long he served, on what grounds he was dismissed, and what payments were made to him and what were not.

A soldier can receive:

• housing certificate
• payments may be retained for a year
• right to early retirement for a military personnel (more details at the link)
• upon dismissal, a serviceman may receive a one-time benefit upon dismissal, as well as other payments taking into account the circumstances of dismissal

It is necessary to take into account that in order to receive a certificate, payments there must be a certain set of circumstances. Individual points are discussed in detail in the following sections of this material.

Also, dismissed military personnel may be provided with benefits specified by law, which we will discuss below in this material.

What will happen to additional payments on a military mortgage upon dismissal?

Within a week after dismissal, the unit commander must convey to the former employee or his relative:

• certificate of length of service;
• certificate of family composition;
• information about service;
• data from orders accompanying dismissal;
• calculation of additional payments;
• name of the organization, unit involved in housing support for unit employees, address to which documents should be sent.

No later than 3 months from the date of the order for exclusion from personnel, the former military man or his relatives must submit an application to the provided address. Mandatory information:

• Full name, NIS participant number, postal address, telephone;
• Full name of the recipient of the money;
• details for transfer;
• obligation to leave official housing, if used, no later than 3 months;
• the financial support body to which the NIS participant was attached on the day of dismissal (information from management);
• if the NIS participant is dead or missing, in order to obtain the right to additional payments, the relative must notify that the NIS participant's obligations under the loan/credit have not been taken over.

Recommended article: What to do if you don’t have money to pay your mortgage

The following documents must be attached to the application:

• a set of statements and certificates received from the command;
• copies of passports and birth certificates of all family members;
• if there is a debt to Rosvoeipoteka, consent to repay it with additional payments.

The housing support organization will check the documents and request additional information through interdepartmental channels. After receiving them, a decision on additional payment will be made within 10 days.

Amount of additional payments

The calculation is carried out by the responsible person in the unit. The algorithm is as follows:

1. For a person resigning for good reasons, the period he served is calculated to the nearest day.
2. The resulting period is subtracted from 20 years.
3. For the remaining number of years, months and days, the number of payments is calculated in accordance with the amount of the contribution for the year of dismissal. Potential investment income is not taken into account.

The amount is often large. Those leaving are making big plans for how to dispose of it.

It is important to know that financing a program does not always allow you to receive money immediately. The question arises especially acutely for those who expect to use these funds to repay their debt to the bank. You should consider an additional source for making payments on schedule while waiting for payment.

Can a military personnel be fired without a pension?

In accordance with the provisions of Article 23 of Law No. 76-FZ of May 27, 1998, contract military personnel who have not reached the age limit for military service cannot be dismissed without their consent until they acquire the right to a long-service pension.

However, the law on conscription establishes exceptions when a serviceman can be dismissed early for certain reasons, for example, due to the fact that he does not fulfill the terms of the contract. The list of such grounds is provided in Art. 51 of the law on military duty.

Thus, under certain conditions, a military personnel can be dismissed without a pension.

Payments upon retirement

According to the standards established by Art. 23 Federal Law No. 76, regulating issues relating to the status of military personnel, as amended on December 2, 2019, citizens who came to serve of their own free will cannot be dismissed without their consent if they:

• have not reached the maximum age for service;
• do not have enough length of service to qualify for a preferential long-service pension.

The only exceptions can be called situations provided for by the right to early dismissal of subordinates by the command of Federal Law No. 306.

Need to know! If unjustified dismissal from service is proven, citizens who entered into a contract have the right to claim compensation for damages caused, including the amount for moral damage caused.

By decision of the authorized authorities:

• the serviceman is reinstated in his previous position;
• provide all unseen benefits;
• the period of forced non-fulfillment of military duties is included in the total duration of terms for increasing military rank.

The estimated amount upon retirement will consist of:

• wages and compensation for unused vacation;
• a single benefit (the amount of which directly depends on the salary and total length of service, taking into account length of service);
• material assistance (if during this calendar year the serviceman did not exercise the right to receive it);
• bonuses based on performance indicators for the month when the order for dismissal from the armed forces is issued.

The unit commander has the right to nominate a serviceman for a reward in the amount of 3 salaries or more for his contribution in serving the Fatherland.

The commander may apply for an additional bonus for a particularly distinguished serviceman

Housing for military personnel upon discharge

If a person has served for 10 years or more, is dismissed from service, due to reaching the age limit for service, for health reasons or in connection with organizational and staffing measures, in the last year of military service of the Ministry of Defense of the Russian Federation, if the serviceman wishes, a state housing permit is issued certificate for purchasing housing for a family.

If a serviceman was a participant in the savings-mortgage system, then in certain cases, upon dismissal, he can use savings for the purchase of housing or construction, which are accounted for in his personal savings account.

Payments upon dismissal from military service

In the event of dismissal of a contract serviceman who has served less than 20 years and is dismissed due to reaching the age limit for service, for health reasons or due to organizational and staffing measures without the right to a pension, then within 1 year after his dismissal payment of salary according to military rank is maintained.

If a person performs military service under a contract and the total duration of service is less than 20 years, then in the event of dismissal, the serviceman is paid a one-time benefit in the amount of 2 salaries.

Expert opinion

Kovalev Evgeniy Andreevich

Lawyer with 6 years of experience. Specialization: family law. Extensive experience in document examination.

If a person has served for 20 years or more, then upon dismissal he is also paid a lump sum benefit, but in the amount of seven monthly salaries.

IMPORTANT : the specified lump sum benefit is not always paid. In what cases these payments are not made should be looked at in Part 4 of Article 3 of the law, dedicated to the monetary allowance of military personnel.

If a serviceman received a state award of the Russian Federation during his service, the above allowance is increased by one salary.

If the serviceman did not receive financial assistance before dismissal, then it must be paid upon dismissal.

In addition to the above payments in individual cases, other payments may be made to dismissed military personnel, for example, if a person is dismissed from service under a contract due to being declared unfit for military service due to a military injury, then he should be paid a benefit in the amount of 2 million . R.

Other payments to those dismissed from military service can be found in the law of November 7, 2011 No. 306-FZ, for example, if a disability is received, etc.

What you need to know about these payments

There are a number of conditions under which payments to military personnel are not made. If the dismissal occurred due to a violation of the law or military regulations, then payments will not be made.

This:

• deprivation of the rank of officer;
• a court decision that finds the serviceman guilty (this applies to both real and conditional terms);
• if the serviceman was expelled from a military educational organization for poor academic performance;
• if the court decided to prohibit a citizen from holding military positions for some time;
• the citizen transferred to serve in other government bodies;
• the terms of the contract were not fulfilled;
• the serviceman did not receive access to state secrets or lost it;
• during the probationary period, the citizen was unable to demonstrate himself with dignity;
• the command of the unit lost confidence in the serviceman.

Some categories of military personnel are entitled to receive an increased award. If he has a state award, his payment will be increased by one more salary.

Types of financial assistance

To support military personnel who were discharged from their military units, the state introduced a system of insurance and one-time payments.

Such measures should help the former military man get back on his feet faster after leaving work. This is especially important for those citizens who left service for health reasons.

If a citizen, while performing his direct duties, suffered health damage, then the legislation guarantees him, in addition to a one-time payment, also a monthly payment.

Such benefits are assigned within 10 days after submitting documents. If this time is not enough to fully verify all data, the period can be extended to 90 days.

Insurance

Every citizen who enlists in military service is immediately subject to compulsory insurance.

Moreover, the day the insurance begins coincides with the day of entry into service (the time of signing a contract or conferring a military rank).

If one of the insured events occurs during the period of service, the serviceman is paid insurance.

How a victim of an injury at work is paid, see the article: How a victim of an injury at work is paid. What are benefits and payments to employees during the liquidation of an individual entrepreneur, read here.

Insured events occur:

• after the death of a citizen;
• if the serviceman became disabled during service or within 1 year after its end;
• if during service a citizen received severe or minor injuries;
• dismissal of an employee after the military medical commission declared him unfit for service.

In most cases, a citizen is denied an insurance payment if his injuries were sustained while intoxicated.

One-time

As a reward for excellent service, retiring military personnel may be given a one-time benefit. Its size depends on the number of years spent in service.

Military personnel who served in conscription and were transferred to the reserve also receive similar financial assistance.

The amount of the benefit depends on the rank of the serviceman; the higher it is, the greater the payment amount.

List of documents

The main document that will be needed to process payment upon dismissal of a serviceman is an application with a corresponding request.

For female military personnel who leave the service, they are also entitled to a payment. To receive it, you must submit the following documents:

• statement;
• birth certificate of all children;
• a document that confirms that the other parent does not have such assistance.

Features of compensation compensation

The legislation gives military personnel not only responsibilities, but also gives them the right to receive a large number of benefits.

This also includes various types of compensation, thanks to which a soldier whose contract has expired can improve his financial situation.

For health

If during service a citizen receives an injury that does not allow him to continue to perform his duties, then he has the right to receive a one-time compensation.

Its size:

If a citizen has not been allocated these funds within the prescribed period, he has the right to file an application with the prosecutor’s office.

By age limit

Payments to military personnel upon retirement in 2020 are determined depending on rank and number of years of service. The retirement age also depends on the rank.

Depending on it, to take a well-deserved vacation, you must work from 55 to 65 years. For female military personnel, this age is 45 years.

Payments are processed in accordance with the general procedure. The unit's management issues an order, on the basis of which the accounting department allocates funds. The transfer of funds occurs on the day of retirement.

Organizational events

Citizens who leave service due to organizational and staffing measures have the right to receive one-time financial assistance.

Quite often, this norm applies to women serving in military units who went on maternity leave, and at that time they were removed from the staff.

All controversial issues in such cases should be resolved in favor of women. The amount of payment depends on the number of years of service. The minimum is 10 salaries, the maximum is 20.

End of contract

If the reason for dismissal is the end of the contract, then the serviceman does not need to write a report, since the procedure takes place without his intervention.

The referral to the VVK must come from the HR department. If a serviceman's length of service is less than 20 years, then he receives 2 salaries, if more than this period - 7 salaries.

What to do if a serviceman is denied benefits upon dismissal?

You cannot be 100% sure that upon dismissal everything will go smoothly and the dismissed serviceman will receive all the payments due to him.

Payments can be refused on legal grounds, since the serviceman is not entitled to them, and on illegal grounds.

What to do if they refuse to make payments upon dismissal?

First of all, you need to find out the reasons for refusal of payments. After this, check according to the law whether the refusal of payments is justified. If the refusal to pay is not based on the law, then there is only one way out - to go to court to protect your rights.

To challenge the refusal of payments, a serviceman must apply to the garrison military court with an administrative claim to declare the decision to refuse payments illegal and restore your rights to the funds.

USEFUL : you can also file a complaint with the prosecutor's office for an inspection, watch the video with tips and order us to draw up a complaint

Dismissal procedure

A serviceman can file health complaints himself or be sent for examination by his commander.

The dismissal procedure includes:

1. A serviceman's appeal to a doctor with health complaints.
2. Direction to VVK.
3. Rendering a conclusion on the suitability category and its approval by the IHC.
4. Dismissal from the army (issued by order after a personal conversation with the person being dismissed).
5. Receiving due payments.

The entire procedure takes at least 3 months . The Military Military Commission, simultaneously with the conclusion on unfitness for military service (if the military contractor is a contract soldier), makes a conclusion on the need to grant exemption for the period until the day the serviceman is removed from the lists of personnel of the military unit.

The end of military service is considered the date of exclusion from the lists of personnel of a military unit in the order of the commander of the military unit.

Benefits upon leaving the army

Military personnel, in case of dismissal, taking into account certain facts (service period, reaching the age limit, etc.), are provided with the following benefits:

• in the field of medical support (free medical care, free prescription drugs, etc.)
• in the field of education (in certain cases they have the right to undergo free professional retraining)
• tax breaks (in certain cases, former military personnel do not pay property taxes)
• military personnel, in cases specified by law, are provided with housing or are provided with money for the purchase or construction of housing

Lawyer for military benefits upon dismissal

Thus, certain benefits are not and are not always provided to everyone; you must carefully study the provisions of the law on issues that interest you and make sure that you meet all the requirements in order to receive certain benefits.

If you are a discharged military personnel and believe that some of your rights have been violated upon dismissal, please contact our Law Office “Katsailidi and Partners” for help, which works with military cases related to violations of the rights of military personnel. At a minimum, you can count on advice from our military lawyers, and then you will decide whether to protect your rights or not.

Author of the article:

© lawyer, managing partner of the law firm “Katsailidi and Partners”

The state rarely changes the procedure and amount of cash payments upon dismissal and exclusion from the lists of personnel of a military unit. As of March 1, 2021, upon dismissal and exclusion from the lists of personnel of a military unit, a serviceman is entitled to the following monetary payments:

What payments are provided upon dismissal for military personnel?

For 2021, if excluded, a serviceman is entitled to the following monetary payments:

A one-time benefit in the amount of two wage rates for a total duration of service of less than twenty years. If the state term is more than twenty years, then in the amount of seven salaries:

• For contract employees and those awarded state awards of the USSR and the Russian Federation.
• For military personnel who served under conscription upon exclusion from the military, a subsidy is also paid in the amount of two salaries for the position occupied.
• If a conscript serviceman is an orphan or a child without parental care, then the amount of his subsidy is equal to five salaries.

One-time benefit.

Expert opinion

Kovalev Evgeniy Andreevich

Lawyer with 6 years of experience. Specialization: family law. Extensive experience in document examination.

According to the Federal Law of the Russian Federation dated November 7, 2011 N 306-FZ “On monetary allowances for military personnel and the provision of individual payments to them” and Order of the Ministry of Defense of the Russian Federation No. 2700 dated December 30, 2011 “On approval of the Procedure for providing monetary allowances”:

Upon dismissal from military service, military personnel who served under a contract are paid a lump sum allowance (hereinafter referred to as the allowance in this section) in the following amounts:

- with a total duration of military service of less than 20 years - two salaries;

- with a total duration of military service of 20 years or more - seven salaries.

For military personnel who served under a contract and who were awarded state awards (state awards) of the USSR or state awards (state awards) of the Russian Federation during their military service, including those awarded an honorary title of the USSR or an honorary title of the Russian Federation, the amount of benefits is increased by one salary monetary content. For military personnel who have served under conscription, upon dismissal from military service (with the exception of dismissal due to the entry into force of a court verdict imposing a prison sentence on a serviceman, in connection with expulsion from a military professional educational organization and a military educational organization of higher education for indiscipline, poor academic performance or unwillingness to study) a one-time allowance is also paid in the amount of two salaries for a military position.

If such a conscript serviceman is an orphan or a child without parental care, he will receive a one-time benefit in the amount of five salaries for his military position.

According to the current version of the law on monetary allowances, benefits are not paid to a military serviceman who served under a contract if, upon dismissal from military service:

a) he has been deprived of his military rank;

b) the court verdict imposing a sentence of imprisonment on the serviceman has entered into force;

c) a court verdict imposing a suspended sentence on a serviceman for a crime committed intentionally has entered into force;

d) a court verdict imposing a suspended sentence on a serviceman for a crime committed through negligence has entered into force;

e) a court verdict depriving a serviceman of the right to hold military positions for a certain period has entered into force;

f) he transferred to the service of the internal affairs bodies, the federal fire service, institutions and bodies of the penal system, bodies for control of the circulation of narcotic drugs and psychotropic substances or customs authorities of the Russian Federation and appointment to positions of private (junior) or commanding staff of the said bodies and institutions;

g) did not fulfill the terms of the contract;

h) he was denied access to state secrets or was deprived of said access;

i) he was expelled from a military professional educational organization and a military educational organization of higher education for indiscipline, poor academic performance or unwillingness to study;

j) he is found to have failed the test;

k) restrictions were not observed, prohibitions were violated or duties related to military service provided for in paragraph 7 of Article 10 and Article 27.1 of the Federal Law of May 27, 1998 N 76-FZ “On the status of military personnel” were not fulfilled;

l) he does not meet the requirements, did not fulfill his duties, violated prohibitions, did not comply with the restrictions established by the legislation of the Russian Federation and related to military service in the federal security service, state security agencies;

m) trust in him is lost in the cases provided for in subparagraphs “e.1” and “e.2” of paragraph 1 of Article 51 of the Federal Law of March 28, 1998 N 53-FZ “On Military Duty and Military Service”.

service specified in paragraph 1 of the Decree of the Government of the Russian Federation of September 22, 1993 No. 941 “On the procedure for calculating length of service, assigning and paying pensions, compensations and benefits to persons who served in military service are counted in calendar terms for the payment of benefits. service as officers, warrant officers, midshipmen and military personnel of extended service or under contract as soldiers, sailors, sergeants and foremen, or service in internal affairs bodies, the State Fire Service, institutions and bodies of the penal system, and their families in the Russian Federation" *.

In this case, the benefit is paid for full years of service without rounding them up.

If dismissed military personnel enter military service, benefits upon their subsequent dismissal from military service are paid based on their total length of service on the day of their last dismissal.

When paying benefits to discharged military personnel, including military personnel assigned to non-military positions, salaries for the last full-time military position (official salaries) received by military personnel on the day of dismissal from military service and salaries according to military rank are taken into account. Military personnel dismissed from military service directly from a military position, during the performance of which they were paid retained in the manner prescribed by paragraph of Order of the Ministry of Defense of the Russian Federation No. 2700 of December 30, 2011.

salary for a previously held military position, payment of benefits upon dismissal from military service is made from this salary.

To whom benefits are not paid?

Benefits for exclusion from combat service are not paid:

1. The person has been stripped of his title.
2. If a sentence of imprisonment has entered into force.
3. If a sentence of detention for a crime committed through negligence has entered into force.
4. In the event that a sentence banning holding a position for a certain period has entered into force.
5. The serviceman transferred to serve in other bodies.
6. The citizen did not fulfill the terms of the agreement - the contract.
7. The Defender of the Motherland was expelled from a professional organization and a military educational institution for poor studies and failure in subjects.
8. The face did not pass the test.
9. The military man did not comply with the conditions and requirements and violated the rules related to service.
10. Trust in the citizen has been lost.

Award for conscientious and effective performance of official duties

If at the time of dismissal or exclusion of a serviceman from the lists of the unit he was in office, then according to Order of the Ministry of Defense of the Russian Federation No. 2700 of December 30, 2011 “On approval of the Procedure for providing monetary allowances,” the bonus is paid with monetary allowance on the day of dismissal or exclusion from the lists of the unit.

The bonus is calculated based on the monthly salary of a military serviceman in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of temporary performance of duties in a vacant military position - the monthly salary in accordance with this military position), established on the 1st day of the month , for which a premium is paid.

The bonus is paid based on the order of the relevant commander (chief) in the following amounts:

a) for military personnel performing military service under a contract - up to 25 percent of their salary per month;

b) cadets and students of military educational institutions of professional education, depending on the results of the past examination session or entrance exams:

those with only excellent grades - up to 25 percent of their salary per month;

having only good and excellent grades - up to 15 percent of salary per month;

those with satisfactory grades - up to 5 percent of their salary per month.

The specific amount of the bonus is determined based on the results of the performance of official duties by military personnel in the month for which the bonus is paid.

For military personnel who have served for less than a full month, the bonus is paid for the time of actual performance of duties in a military position, based on the salaries on the day the decision to pay the bonus was made.

The bonus is not paid to military personnel:

— those undergoing military service in military units (organizations), where, in accordance with federal laws and other regulatory legal acts of the Russian Federation, a bonus system has been established for them for fulfilling and exceeding production targets and other indicators;

Expert opinion

Kovalev Evgeniy Andreevich

Lawyer with 6 years of experience. Specialization: family law. Extensive experience in document examination.

— sent outside the territory of the Russian Federation to provide technical assistance and perform other duties, to whom monetary allowance is paid in foreign currency and rubles;

- during the period of being at the disposal of commanders (chiefs), with the exception of periods of temporary performance by them of duties in vacant military positions;

- those dismissed from military service on the grounds specified in paragraphs 1–5, 7–11 of part 4 of article 3 of the Federal Law of November 7, 2011 No. 306-FZ “On monetary allowances for military personnel and the provision of individual payments to them.”

Payment of insurance upon dismissal due to illness

When military personnel are discharged for health reasons, they are entitled to insurance payments from the state. They are established by the Federal Law “On compulsory state insurance of life and health of military personnel, citizens called up for military training, private and commanding personnel of the internal affairs bodies of the Russian Federation, the State Fire Service, employees of institutions and bodies of the penal system, employees of the Russian National Guard troops Federation" dated March 28, 1998 No. 52-FZ.

Insurance cases

Article 4 of this law establishes that insured events when implementing compulsory state insurance of a military personnel are:

• death (death) of a serviceman;
• injury (wounds, injuries, concussions);
• establishing his disability.

These cases are recognized as insurance if they occurred during military service (including participation in military training), as well as before the expiration of one year after that. In addition, insured events include the dismissal of a serviceman undergoing compulsory military service upon conscription, and the expulsion from military training of a citizen in a full-time position requiring military rank up to and including petty officer (chief sergeant major), in connection with the recognition of their Military Military Commission as unfit for military service or limitedly fit for military service due to injury (wounds, trauma, concussion) or illness received during military service or military training.

Payment procedure

The procedure for making payments is established by Decree of the Government of the Russian Federation dated July 29, 1998 No. 855. This document also approves a specific list of injuries (wounds, injuries, concussions), qualifying them as heavy or light, in the presence of which a decision is made on the occurrence of an insured event under compulsory state life and health insurance for military personnel. Wherein:

• severe injuries include injuries (wounds, injuries, concussions) that are dangerous to life or health, capable of causing moderate or significant dysfunction of the damaged organ or system;
• Light injuries include injuries (wounds, injuries, concussions) that cause minor anatomical and functional disorders, leading to temporary loss of the ability to perform military service duties for a period of at least 7 days.

According to the established payment procedure, a military unit, military commissariat, military medical or other organization of the insured is obliged to notify persons entitled to receive compensation about the occurrence of an insured event immediately after they become aware of it.

Upon receipt of an application for payments and supporting documents from these persons, the policyholder is given no more than 5 working days to verify the completeness and correctness of their execution or, if necessary, to request the elimination of identified inconsistencies. Then, within 15 days from the date of receipt of the full set of documents, the policyholder is obliged not only to review them, but also to make the payment itself. In case of refusal to pay compensation, the person entitled to receive it is notified of such a decision in writing with a mandatory reasoned justification of the reasons for the refusal and an indication of the provisions of the legislation of the Russian Federation that served as the basis for this.

Payment amount

The specific amounts of insurance payments to military personnel required under the terms of compulsory state insurance of life and health of military personnel are established in Part 2 of Article 5 of Federal Law No. 52-FZ “On compulsory state insurance of life and health of military personnel...”. Such payments are indexed annually, and from January 1, 2021 they are:

• in case of death of a serviceman - 2,854,292.35 rubles;
• in case of serious injury - 285,429.24 rubles;
• in case of minor injury - RUB 71,357.31.

In the event of disability being established as a result of injury (wound, injury, concussion) or illness received during military service, a military serviceman is paid (from January 1, 2021) an insurance amount in the amount of:

• disabled person of group I – RUB 2,140,719.26;
• disabled person of group II – 1,427,146.18 rubles;
• Group III disabled person – RUB 713,573.09.

If you have any questions, leave them in the comments below the article. We or our visitors will be happy to answer them

Material aid

According to the Federal Law of the Russian Federation dated November 7, 2011 N 306-FZ “On monetary allowances for military personnel and the provision of individual payments to them,” annual financial assistance is established in the amount of at least one monthly salary.

According to Order of the Ministry of Defense of the Russian Federation No. 2700 of December 30, 2011 “On approval of the Procedure for providing monetary allowances,” material assistance is calculated based on the monthly salary of a military serviceman in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of temporary performance their duties for a vacant military position - a monthly salary in accordance with this military position), established on the date of the decision on the payment of financial assistance, and when paying financial assistance in December - on December 1 of the current year.

When servicemen leave a military unit, the order for exclusion from the lists of personnel indicates the amount and month of financial assistance provided to the serviceman in the year of departure. If financial assistance was not provided, the order states: “Financial assistance was not provided this year.”

An extract from the order is attached to the serviceman’s personal file.

Financial assistance is not provided:

- during the period of being at the disposal of commanders (chiefs);

— those dismissed from military service on the grounds specified in paragraphs 1–5, 7–11 of part 4 of article 3 of the Federal Law of November 7, 2011 No. 306-FZ “On monetary allowances for military personnel and providing them with individual payments”, namely:

- in connection with the deprivation of a military rank;

- in connection with the entry into force of a court verdict imposing a sentence of imprisonment on a serviceman;

- in connection with the entry into force of a court verdict imposing a suspended sentence on a military serviceman for a crime committed intentionally;

- in connection with expulsion from a military educational institution of vocational education for indiscipline, poor academic performance or unwillingness to study;

- in connection with the entry into force of a court verdict depriving a serviceman of the right to hold military positions for a certain period;

— due to failure to fulfill the terms of the contract;

- in connection with the refusal of access to state secrets or deprivation of the said access;

Expert opinion

Kovalev Evgeniy Andreevich

Lawyer with 6 years of experience. Specialization: family law. Extensive experience in document examination.

- in connection with the entry into force of a court verdict imposing a suspended sentence on a military serviceman for a crime committed through negligence;

- as having failed the test;

- in connection with non-compliance with restrictions, violation of prohibitions, failure to fulfill obligations related to military service provided for in paragraph 7 of Article 10 and Article 27.1 of the Federal Law of May 27, 1998 N 76-FZ “On the status of military personnel.”

- those dismissed from military service at the end of the current year with the provision of leave upon dismissal, ending next year - for the year in which the leave ends. If financial assistance was paid to the specified military personnel earlier, upon their dismissal from military service, the paid amount is not subject to withholding.

Types of payments

Bonus benefits are calculated based on salary. The amount of funds will depend on the category to which the military belongs:

1. For contract workers – up to twenty-five percent of the total rate for one month.
2. For students of military educational institutions from five to twenty-five percent, depending on academic performance and grades.
3. Payments to military personnel upon departure from combat service.

For military personnel, upon exception, cash benefits are provided. The calculation must be made in accordance with the law on monetary allowances.

One-time benefit

Provided types of subsidies

• One-time benefit upon exclusion from military service. For conscripts there are two salaries. An increased benefit is also provided for orphans without parents.
• At the end of the contract, payments are made to those who leave due to the expiration of the contract.
• The value depends on the time in service.
• Grants due to length of service.
• Award for conscientious and effective performance of job descriptions and duties.

The bonus is paid for the effective performance of duties, for contract military personnel in the amount of up to three monthly salaries per year.

For soldiers who served in the Russian Armed Forces, the bonus is accrued for less than a full month and is paid upon completion of all duties.

Incentives are calculated based on salary, position, and position. The amount depends on the quality and performance of duties.

Material aid

Financial assistance is a mandatory state subsidy specified in orders issued upon exclusion from the list of personnel upon dismissal. If assistance is not provided this year, then this fact is indicated in the order.

The amount of annual assistance does not exceed the average salary assigned for the existing rank and position. To accrue financial assistance, you need to submit a report to the commander with a request for accrual. After the order at the end of the year, funds will be credited.

1. A one-time benefit if a serviceman is declared unfit for service.
2. Two salaries if service lasted more than twenty years.
3. Seven salaries if the service lasted more than twenty years.
4. Having an award is plus one salary.

One-time benefit in case a serviceman is declared unfit for service

If a serviceman is discharged due to being declared unfit for military service due to an injury received while performing official duties, he is entitled to a lump sum benefit. For persons performing military service under a contract, the amount of this benefit is 2 million rubles, for conscripts - 1 million rubles.

According to current legislation, the specified amount is indexed annually by the government and paid, regardless of what other benefits and payments the serviceman receives.

The procedure for determining the amount and type of payments at the end of a contract to a military personnel, upon his voluntary dismissal or retirement, is determined by federal legislation. Regulatory acts include the Law “On Military Duty” No. 53-FZ, adopted in 1998, and the Law “On Monetary Allowances for Military Personnel” No. 306-FZ, published in 2011.

According to Art. 11 of the Labor Code of the Russian Federation, the norms of general civil labor legislation do not apply to military personnel.

Law on the dismissal of a military personnel for health reasons

The grounds for dismissal of a serviceman for health reasons are established by Federal Law No. 53-FZ of March 28, 1998 “On Military Duty and Military Service.” They are indicated in Article 51 of this law as separate subparagraphs:

• “c” of paragraph 1 - in connection with the recognition of the military military personnel as unfit for military service;
• “d” of paragraph 1 - in connection with the recognition by the Military Military Commission as limitedly fit for military service of a contract soldier in a military position below a warrant officer;
• “b” of paragraph 3 - on the initiative of a serviceman when filling the position of an officer, warrant officer (midshipman) in connection with the recognition of the Military Military Commission as limitedly fit for military service.

The decisions of the Military Medical Commission, which give the right to dismiss from military service, are made on the basis of the Regulations on military medical examination, approved by Decree of the Government of the Russian Federation of July 4, 2013 No. 565. The document includes a Schedule of diseases, in accordance with the articles of which categories of fitness for military service are assigned service.

In addition, this Regulation determines the medical indicators of the possibility of serving in areas with unfavorable climatic conditions, not only for the military personnel themselves, but also for their family members. In this case, the identified contraindications, if it is impossible to transfer to another area, will also be grounds for dismissal from military service for good reasons.

The right to dismiss a military personnel for health reasons and to provide state guarantees and compensation in this regard is confirmed by other laws and regulatory documents of the current Russian legislation, including Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel.” Certain issues of providing benefits and payments are also regulated by the laws “On pension provision for persons who served in military service”, “On monetary allowances for military personnel and the provision of certain payments to them”, “On compulsory state insurance of the life and health of military personnel”.

When can a soldier retire?

Section 7 of Law No. 53-FZ lists the reasons why a military man can leave service at his own request or due to circumstances beyond his control:

• reaching the maximum retirement age - for men, depending on rank, it varies from 45 to 65 years (but on a personal basis it can be extended to 70 years), for women, regardless of position - 45 years;
• the period of fulfillment of duties under a contract or conscription has expired;
• the presence of any disease due to which the medical commission decided that the person cannot be involved in military duties;
• carrying out organizational and staffing activities;
• systematic or significant violations of contractual terms;
• family circumstances (their list is strictly regulated in clause “c”, part 3, article 51 of Federal Law No. 53).

If the circumstances listed above contributed to dismissal from military service, then the citizen has the right to receive monetary compensation. However, there are reasons for removal from office for which a person is deprived of this privilege:

• deprivation of military rank;
• a student at a military university was expelled due to disciplinary violations or due to poor academic performance;
• committing a crime for which the court found the military man guilty and imposed a suspended sentence or actual imprisonment;
• failure to pass the test to renew a military contract;
• evasion of contractual obligations;
• loss of trust (for example, if a person is seen in corrupt transactions);
• engaging in commercial activities, concealing additional income;
• denial of access to government secret;
• refusal to undergo tests to identify traces of narcotic, psychotropic, and toxic substances in a citizen’s body;
• convicting a serviceman of taking psychotropic, narcotic, toxic substances;
• transfer to other law enforcement agencies (Ministry of Internal Affairs, National Guard, Ministry of Emergency Situations, customs, fire service, Federal Penitentiary Service) - here the citizen will receive benefits only after his final departure from service in law enforcement or military agencies.

Also, a serviceman can submit a report for dismissal due to individual valid reasons that are not listed in the law, but objectively interfere with his performance of contractual duties.

Resign from the army due to illness, if not sick

Dismissal from the army for health reasons implies the mandatory presence of appropriate medical grounds. But there are situations when a serviceman is unable to obtain a proper conclusion from the Military Military Commission, especially when it is not he himself who is sick, but his closest relative, and this is precisely the reason for the end of military service.

Today, if we are talking about early termination of a contract, according to the law, he will have to choose another basis to leave military service. Article 51 of Law No. 53-FZ “On Military Duty and Military Service” allows dismissal at will “if there are good reasons,” which can be:

• violation of the terms of the contract by one of the parties;
• organizational and staffing measures;
• loss of trust in a serviceman (for example, due to his business activities or the presence of accounts in foreign banks);
• family circumstances (for example, caring for parents or a minor child in the clear absence of a second parent);
• transfer to service in another “security” department besides the army;
• election or appointment to a position in state authorities and local self-government.

All of the legal grounds listed above cannot be called equally positive: some of them can seriously prevent a person from establishing his career in the “civil” sphere.

Amount of one-time compensation

The procedure for determining the amount of a one-time dismissal benefit is established by Law No. 306-FZ and Order of the Russian Ministry of Defense No. 2700, issued in December 2011 as a supplement to the main law.

The amounts of compensation are not the same for different categories of military personnel.

• A payment of 2 salaries is due to citizens who have served under a contract for less than 20 years; persons retiring after the end of their conscription service period.
• In the amount of 7 salaries - for citizens who have served over 20 years at the end of the contract.

The amount of the benefit will vary for different military positions and ranks, although the procedure for determining it will be the same for everyone. Also, when dismissing persons who have Soviet or Russian awards, the military unit is obliged to additionally pay them a bonus in the amount of 1 salary.

If the contract was concluded before April 2, 2014 and the serviceman decided to retire early, then according to Art. 49 of Law No. 53-FZ, severance pay based on the age limit can be paid if the following conditions are met:

• the military man already has 25 years of work experience, 12.5 years of which must be devoted to military service;
• the citizen is 45 years old.

In 2021, if a person has entered into a new contract, during which he will reach the age limit, or is already a military pensioner, it cannot be terminated without good reason. However, for women, unlike men, extending the age limit is unacceptable.

Therefore, a contract can be concluded with them for a shorter period (for example, if a woman is 43 years old, the contract will be concluded for only 2 years).

Benefit paid in one lump sum

In addition to the monetary allowance, which must be paid on the day the serviceman is removed from the list of personnel of the military unit, those discharged from the armed forces receive additional benefits.

One-time monetary support is directly related to the duration of military duty:

• persons who have served the army for less than 20 years will receive 2 salaries;
• Those who have dedicated more than 20 years of their life to serving the Motherland can count on more significant financial support, equal to 7 salaries.

For conscripts who have served their term, if they are orphans or have been left without parental care since childhood, upon dismissal from the armed forces, benefits are paid at the rate of 5 salaries based on their army position and rank.

Upon dismissal of a serviceman who has been awarded state awards and honorary titles of the Soviet Union or Russia for special services, severance pay is increased by one salary (clause 153 of Order No. 727).

For your information. To calculate a lump sum benefit, years of service are taken into account in calendar terms. Fully served contract years are taken into account without rounding to increase the value.

Severance pay upon dismissal of a military personnel depends on length of service

Reward for conscientious service

Military personnel who have shown themselves to be conscientious and responsible people upon dismissal are entitled to receive additional remuneration. Government Decree No. 993, published in 2011, regulates the amount of both incentive bonuses and financial assistance.

Conscientious citizens are entitled to a reward, the amount of which is 3 salaries. Moreover, unit commanders can increase it depending on what contribution the military man made to their structure and how exactly he distinguished himself in service.

Financial assistance upon dismissal

Clause 1 of the Rules for the payment of financial assistance to military personnel, enshrined in Government Decree No. 993, states that financial assistance is paid every year. Its amount is equal to 1 salary.

At the same time, only those citizens who contact the commanders with a corresponding report will be able to receive financial support. It is not paid automatically.

If a military man retires at the end of the year, but is on leave, which ends next year, then financial assistance is paid only after the end of the leave. For example, an officer submitted his resignation in December 2021 and went on leave, which ends in January 2021, the payment of financial support will be counted for 2021.

Compensation in case of being declared unfit for service

The Law “On the Status of Military Personnel” No. 76-FZ, adopted in 1998, states that in the event of a deterioration in health, a private or officer is obliged to undergo a medical examination. A medical report confirming poor health becomes the basis for receiving a lump sum payment.

The amount of compensation is determined depending on the person’s length of service as a military serviceman:

• 5 salaries – if the period of performance of duties did not exceed 10 years;
• 20 salaries – if the period of service was more than 20 years.

Also, if an ordinary soldier or officer responsibly fulfilled his official duty, he is entitled to payments that compensate for the costs of treatment.

If a serviceman receives significant injuries, he is entitled to the following types of state support:

• receiving 2 million rubles if the service was carried out on a contract basis;
• receiving 1 million rubles if the activity was carried out by a citizen upon conscription;
• if a person is assigned disability group 3, he is entitled to monthly compensation in the amount of 2.8 thousand rubles;
• if a serviceman is recognized as a group 2 disabled person, he is paid 7 thousand rubles every month;
• If a citizen is recognized as a disabled person of group 1, the monthly benefit is 14 thousand rubles.

If a military man, recognized by doctors as unfit for duty, retires due to length of service or old age, then he is additionally assigned social benefits. He also has the right to receive a discount when using public transport and to be examined by doctors in hospitals without waiting in line.