Are there military fees c. The passage of military training during the period of stay in the reserve of citizens of the Russian Federation. Sample order in .docx format

Military training sessions are held annually in the Russian Federation, as well as in the overwhelming majority of other countries. Their main goal is to prepare citizens in the reserve for a potentially possible military aggression. In many countries, this event is held annually and without any direction from above. In Russia, the president annually signs a decree on the conduct of military training. Thus, the head of state is always aware of this extremely important event.

Do everyone have the right to be called up for military training? Not really. In peacetime, those liable for military service are not entitled to be called up for training more often than once every three years, and the duration of the call for them should not be more than two months. In total, the citizens of the country who are in reserve, subject to peacetime, must spend a total of twelve months at military training, that is, a year.

What are the fees at the military registration and enlistment office, and how are they carried out

Fees at the military registration and enlistment office is a process that takes place in several stages.

First, there is interaction with military units, which must be completed. Based on the results of this interaction, the selection of persons liable for military service age is made. After that, the officers of the military registration and enlistment offices send out summons for training camps. At these training camps, a medical examination and certification of the conscript's health condition with the standards for a conscript is carried out.

Separately, it should be noted that there are categories of citizens who are not in the reserve and not liable for military service. These include:

1. Women.
2. Law enforcement officers.
3. Citizens involved in sowing and harvesting works at the time of their implementation.
4. Teachers.
5. Full-time and part-time university students.
6. Fathers with at least three minor children.

All of these are people exempt from military service in peacetime.

The most complete information about military training

The agenda should be treated with due attention, because it is an official document. Young men who have reached the age of sixteen are given it for the purpose of undergoing a medical examination and, if their health is in accordance with the norms, a decision to be registered with the military commissariat. For young people, from the age of eighteen to twenty-seven, the agenda serves as a call for compulsory military service. In addition, the summons are sent to those liable for military service in the reserve who need to undergo retraining.

There are three main reasons why a summons is delivered to the military registration and enlistment office for training:

1. Passing a medical examination to determine the suitability of a conscript to fulfill his duty to the Fatherland.
2. For referral for compulsory military service.
3. Direction to military exercises.

Failure to appear at the military commissariat after receiving the summons threatens administrative or even criminal liability, so it is impossible to ignore the receipt of this document. However, there are situations in which it is possible to postpone military service, and sometimes not to complete it at all.

Military service can be postponed for an indefinite period of time due to the following circumstances:

• University studies;
• family circumstances, such as caring for a weak relative, raising a child by a single father, a disabled child in a family, paternity with two or more children;
• service in special state institutions.

You can generally be exempted from military service under the following circumstances:

• a disease that interferes with military service;
• academic degree;
• outstanding criminal record.

Military training camp in 2019

In 2019, the first 10,000 conscripts who studied in higher educational institutions for military specialties under a new program, approved three years ago, will be called up for the final military training.

The army of the Russian Federation today needs extremely high-quality training of future military personnel, and not the service of everyone who will be called up, because in 2019 the troops are gradually being equipped with new and extremely sophisticated equipment and weapons.

President of Russia Vladimir Putin signed a decree calling up Russians in reserve for military training in 2018. The corresponding document was published on the official portal of legal information. What is military training, why are they needed, and who is "threatened", is it worth it to be afraid of being drafted, and what awaits the draft evaders - in analysis Federal News Agency and in the commentary of a military expert.

Military fees decree

In the decree Vladimir Putin it says: "To call in 2018 citizens of the Russian Federation who are in reserve to undergo military training for up to two months in the Russian Armed Forces, in the state security agencies and the Federal Security Service."

The document specifies that the timing of military training will be coordinated with the executive authorities of the constituent entities of the Federation and with the Russian Ministry of Defense, Gazeta.ru reports.

What is military training

Military cathedrals are one of the types of military duty of citizens of the Russian Federation. Military training is carried out to prepare for military service citizens who are in the reserve.

How often military training is announced

The president signs decrees on holding military training sessions in Russia annually. Last year, a similar decree Vladimir Putin signed on April 20. The maximum duration of military training is usually two months.

Who can be called up for training

As a rule, those who are related to military service are called to the training camp. There are age restrictions, which depend on the rank assigned to the reservist.

Usually men from 22 to 40 years old are called to the training camp. The Ministry of Defense does not disclose the number of citizens and the regions from where they will be conscripted. It is also not reported on the owners of which military specialties the call will be extended - this information is official.

Can they call those who did not serve in the army

Yes, citizens who have not served on military service can be called up for military training. According to the law, persons who have completed military service by conscription and graduated from military departments, exempt from military service or who have had deferrals from conscription up to 27 years are enrolled in the reserve.

Do not call for military training of citizens who are recognized temporarily unfit or unfit for military service.

Also, women, teachers, pupils and students of all forms of education, as well as those who have three or more children, are not called up for military training.

Also, they try not to call those who underwent alternative service because of pacifist beliefs or those who will be able to prove that they cannot serve for political or religious convictions. As a rule, military commissariats go to meet such citizens and exempt them from fees.

How a citizen learns about the call for military training

For military training, citizens are summoned by the summons of the military commissariat of the established form. The summons must be handed over to the citizen in person and signed. Invitations by mail, by phone, or through relatives are not provided for by law.

Earlier in the State Duma amendments were made to the law on military service, according to which conscripts who did not receive a summons during the period of conscription must independently appear for it at the commissariat. These amendments have not yet been adopted, but in any case, they do not apply to military fees.

What will be the evasion of fees

In relation to the "evader" who received a summons, but did not appear at the place of assembly without good reason, the necessary measures can be taken to summon him and deliver him to the place of military assembly, including with the involvement of the police.

Failure to show up for fees without a valid excuse is subject to administrative liability in the form of a warning or a fine in the amount of 100 to 500 rubles.

No criminal liability has been established for tax evasion. Criminal liability only entails evasion without good reason from conscription, but not from conscription.

This is an illness or injury of a citizen associated with disability; illness, serious condition or death of close relatives; as well as other reasons that will be recognized as valid by the draft board or court.

Is it worth "hiding" from military training

I must say that in Russia, citizens are more loyal to military training than to conscription. The reservists at their place of work retain their average earnings, and many are not averse to going “partisans” for two months (“partisans” is the popular name for reservists).

For some reservists, the training camp is a way to legally take a break from work and family life, in which the Russians are quite in line with world trends.

For example, in Israel, where military service is taken extremely seriously, military training is an extremely popular event. In Israel, both men and women are conscripted, but training is exclusively the prerogative of men. All male military personnel who have completed military service, both privates and officers, before reaching 45 years of age, are annually called up for training for up to 45 days. It is not accepted to evade taxes there.

Article 54. Military fees

1. To prepare for military service, citizens in the reserve may be called up for military training.

Military training for other purposes is not allowed.

1.1. Military fees are subdivided into:

Study fees;

Fees for checking the combat and mobilization readiness of military units and military commissariats (hereinafter - the test fees).

2. The duration of military training, the place and time of their holding shall be determined by the Ministry of Defense of the Russian Federation or another federal executive body in which military service is provided for by this Federal Law.

3. The duration of the military training camp may not exceed two months. The total duration of military training, to which a citizen is involved during his stay in the reserve, cannot exceed 12 months.

The duration of military training does not include the time of serving the disciplinary arrest.

4. The frequency of the call of citizens who are in the reserve for training camps cannot be more than once every three years. Citizens who are in reserve are called up for testing fees, regardless of their passing training fees.

Article 56. Procedure for passing military training camps

1. The procedure for the passage of military training by citizens in the reserve is determined by the Regulations on the conduct of military training, approved by the Government of the Russian Federation.

The procedure for conducting military training in accordance with Art. 6 of the Federal Law "On Defense" of May 31, 1996 is determined by the Government of the Russian Federation. Regulations on the conduct of military training (approved by the decree of the Government of the Russian Federation of May 29, 2006 No. 333) (as amended on December 24, 2008, December 17, 2010)

The General Staff of the Armed Forces of the Russian Federation analyzes and coordinates the activities in the Russian Federation to call up for military training.
To conduct training and testing camps, citizens are called up for military camps.

Citizens who are not eligible for a deferral from conscription for mobilization may be called up for military training.

Article 18 of the Federal Law "On mobilization training and mobilization in the Russian Federation" dated February 26, 1997 No. 31-FZ (as amended on March 9, 2010) determines that a deferral from conscription for mobilization is granted to citizens:

1) booked in the manner determined by the Government of the Russian Federation;

2) recognized temporarily unfit for military service for health reasons - for a period of up to six months;

3) engaged in constant care of a father, mother, wife, husband, sibling, sibling, grandfather, grandmother, adoptive parent, who are in need for health reasons in accordance with the conclusion of the medical consultation commission in outside constant care (assistance, supervision) or who are disabled I group, as well as for family members under the age of 16, in the absence of other persons obliged by law to support these citizens;

4) having four or more dependent children (female citizens - one child);

5) whose mothers, in addition to them, have four or more children under the age of eight and raise them without a husband;

6) members of the Federation Council and deputies of the State Duma.

A deferral from conscription for military service for mobilization, in addition to the citizens indicated above, is provided to other citizens or certain categories of citizens who have been given such a right by decree of the President of the Russian Federation.

The selection of candidates for call-up to training camps is carried out by military commissariats in conjunction with completed military units. During the selection period, citizens can be summoned to military commissariats to clarify credentials and medical examinations. Based on the selection results, the military commissar makes the final decision on calling citizens for military training.

Citizens who have filed complaints about their health, as well as persons selected as candidates for training camps of the assigned personnel of units of the Airborne Forces, reconnaissance and airborne units, aviation flight personnel, seafarers of the Navy and for training camps for training citizens in military - accounting specialties, are subject to medical examination in the manner prescribed by the provisions on military medical examination and medical examination of flight personnel of aviation of the Armed Forces of the Russian Federation.
Citizens who are called up for military training as specialists in rocket fuel, divers, military nutrition specialists, based on the results of a medical examination, are issued documents of the established form about their suitability for work in their specialty.

2. Notification of citizens called up for training camps is made in advance in the process of studying and selecting candidates. Citizens selected for training camps, no later than 10 days before their start, are handed a summons with an indication of the terms of attendance at the military commissariat. On the day of arrival of citizens at the military commissariat, they are called up for training camps and sent to military units.

Notifying, calling and sending citizens to check fees are carried out in accordance with the procedure and within the time frame established by special plans.
If a citizen does not appear at military training without good reason, the military commissar takes all necessary measures to call him up and deliver him to the military unit. If necessary, for these purposes, in accordance with the Federal Law "On Military Duty and Military Service", internal affairs bodies are involved.

In accordance with Art. 7 of the commented Law, a valid reason for failure to appear on the agenda of the military commissar, provided that the reasons for failure to appear are documented:

Illness or injury of a citizen associated with disability;

The grave state of health of the father, mother, wife, husband, son, daughter, brother, sister, grandfather, grandmother or adoptive parent of a citizen, or participation in the funeral of these persons;

An obstacle arising from the action of a force majeure, or other circumstance that does not depend on the will of the citizen;

Other reasons, recognized as valid by the conscription commission, by the military commissar - for citizens called up for military service from the reserve or by the court.

The evasion of a person liable for military service from training or testing camps and military registration occurs when these actions are deliberately committed.

3. The heads of enterprises are notified of the call of citizens for military training. In the notification to the head of the enterprise, the time of distraction of citizens in connection with their call for military training is indicated taking into account the timing of the training, the time to travel to the military unit and back.

Transportation of citizens called up for military training is carried out by rail, sea (river) or road transport, and at a distance of 3000 km or more - by air transport. Transportation is carried out at the expense of the Ministry of Defense of the Russian Federation.

Organization of transportation is entrusted to:

a) to military commissariats - from the place of residence to the place of deployment of military units conducting training. Automobile transport for these purposes is allocated by enterprises according to the plans (decisions) of the relevant executive authorities;

b) to military units (at the end of the training session) - from the place of their deployment to the place of residence of those liable for military service.

Citizens called up for military training are subject to the status of a soldier in the cases and in the manner provided for by the legislation of the Russian Federation in the field of defense.

4. Citizens called up for military training are subject to compulsory personal insurance in the event of death (death), injury (concussion) or illness received during the training period, in accordance with the legislation of the Russian Federation.

It is prohibited to involve citizens called up for military training in the performance of other duties not related to the passage of military training, including economic and construction work.

Citizens called up for training camps may be expelled from them in connection with:

With indiscipline;

With their inconsistency with their official purpose.

The expulsion of citizens from training camps is carried out on the recommendation of the commanders of military units conducting the training, by senior commanders (chiefs), about which the heads of enterprises are immediately notified.

Citizens who have been called up for military training and who have violated the established procedure for their conduct are held accountable as provided for by the legislation of the Russian Federation in relation to military personnel.

The Federal Law "On Material Responsibility of Servicemen" of July 12, 1999 No. 161-FZ provides that for damage caused by negligence in the performance of military duties, citizens called up for military training are liable in the amount of damage caused by them, but no more than one monthly salary and one monthly bonus for length of service.

In the event that a citizen, called up for military training, brought to financial responsibility, did not compensate for the damage caused by the end of the collection, the remaining debt is collected according to the rules of enforcement proceedings established by the legislation of the Russian Federation.

In the case when the citizen who caused the damage, who was called up for military training, left the military training due to their termination and was not brought to financial responsibility, the recovery of damage from him is carried out by the court under a claim brought by the commander (chief) of the military unit, in the amount established by the Federal Law "On the material responsibility of military personnel." In this case, the size of the monthly salary and the amount of the monthly allowance for length of service are determined on the day the fees end.

5. Citizens called up for military training are provided during the training period:

Food according to the rationing norms established for the personnel of the units conducting the training;

Apparel according to the standards established for the relevant categories of military personnel.

Citizens who are in reserve are released from work or study at the time of military training, with the preservation of their place of permanent work or study and the payment of average earnings or a scholarship at the place of permanent work or study in the amount. They are also paid a salary for a military position provided for by the staff of a military unit, ship, institution, organization of the Armed Forces of the Russian Federation, other troops, military formations and bodies, a salary for a military rank, and travel expenses are reimbursed for the time they are on the road.

Conclusion

Based on the tasks set in the introduction, the following conclusions can be drawn:

1. Military service is a special type of federal public service performed by citizens in the Armed Forces of the Russian Federation, as well as in the border troops of the Federal Border Service of the Russian Federation, in the internal troops of the Ministry of Internal Affairs of the Russian Federation, in the Railway Troops of the Russian Federation, and in the troops of the Federal Agency for Government Communications and information under the President of the Russian Federation, the civil defense forces (hereinafter referred to as other troops), engineering and technical and road-building military formations under the federal executive authorities (hereinafter referred to as military formations), the Foreign Intelligence Service of the Russian Federation, and the bodies of the Federal Security Service of the Russian Federation , bodies of the Federal Border Service of the Russian Federation, federal bodies of government communications and information, federal bodies of state protection, federal body for providing mobilization training of bodies of state power and the Russian Federation (hereinafter referred to as bodies) and special formations created for wartime.

2. Conscription of citizens of the Russian Federation provides for:

1) military registration;

2) compulsory training for military service;

3) conscription for military service;

4) the passage of military service by conscription;

5) stay in stock;

6) the call for military training and the passage of military training during the period of stay in the reserve.

3. Citizens in the reserve are divided into three categories according to age limits:

The first category - soldiers, foremen, warrant officers and warrant officers - up to 35 years old, junior officers - up to 45 years old;

The second category - soldiers, foremen, warrant officers and warrant officers - up to 45 years old, junior officers - up to 50 years old;

The third category - soldiers, foremen, warrant officers and warrant officers - up to 50 years old, junior officers - up to 55 years old.

4. To prepare for military service, citizens in the reserve may be called up for military training.

Military fees are subdivided into:

Study fees;

Fees for checking the combat and mobilization readiness of military units and military commissariats.

5. The procedure for the passage of military training by citizens in the reserve is determined by the Regulations on the conduct of military training, approved by the Government of the Russian Federation.

Bibliographic list

I. Normative acts

1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 30.12.2008 No. 6 - FKZ, dated 30.12.2008 No. 7 - FKZ).

2. Federal Law of 31.05.1996 No. 61-FZ "On Defense" (as amended and supplemented by 05.04.2011).

3. Federal law "On mobilization preparation and mobilization in the Russian Federation" dated 02.26.1997 No. 31-FZ (as amended on March 9, 2010).

4. Federal Law of 28.03.1998 No. 53 - FZ "On conscription and military service" (as amended and supplemented from 08.10.2011).

5. Federal Law of 27.05.1998 No. 76 - FZ "On the Status of Servicemen" (as amended and supplemented from 16.10.2011).

6. Federal Law "On material responsibility of servicemen" dated 12.07.1999 (as amended on 04.12.2006).

7. Decree of the Government of the Russian Federation of February 25, 2003 No. 123 "On approval of the Regulations on military medical expertise" (as amended and supplemented from 17.12.2010).

8. Decree of the Government of the Russian Federation of May 29, 2006 No. 333 "On military training and some issues of ensuring the fulfillment of military duties" (as amended and supplemented from 07.07.2008).

9. GARANT - Encyclopedia of Russian legislation. http://www.garant.ru/.

Fateev K.V., Professor of the Military University, Doctor of Law, Colonel of Justice.

1. General Provisions

During the Soviet period of national history, military service was divided into active military service and military service in reserve. Persons liable for military service, who were called up for military training, did military service in reserve.

With the adoption in 1993 of the Law of the Russian Federation "On Military Duty and Military Service", the following distinction between military service was introduced: military service by conscription - as the fulfillment of military duty and military service through voluntary admission (under a contract) - as the fulfillment of constitutional duty to defend the Fatherland. The call for military training and the passage of military training during the period of stay in the reserve for citizens who did military service by conscription and under the contract were attributed to the execution of military duty by citizens of the Russian Federation.

Currently, according to paragraph 1 of Art. 1 and Art. 54 of the Federal Law of March 28, 1998 N 53-FZ "On conscription and military service" the conscription of citizens of the Russian Federation provides, in particular, the call for military training and their passage during the period of stay in the reserve. Thus, the passage of military training by citizens in the reserve is not a form of military service, but is a form of military duty.

Military training refers to a set of measures to prepare citizens for military service, carried out in the Armed Forces of the Russian Federation, other troops, military formations and bodies.

Military fees are subdivided into:

a) training fees:

• as part of military units (subdivisions) in regular military positions for which citizens are intended (assigned) for military service in wartime (training camps of the assigned personnel);
• on the training of citizens in military registration specialties and military positions (training camps for the preparation of citizens in military registration specialties);
• on maintenance of material resources of the emergency reserve;

b) fees for checking the combat and mobilization readiness of military units and military commissariats (verification fees).

Military training sessions are carried out in order to prepare citizens for military service and accumulate them in reserve for the replenishment of troops (forces) during the mobilization deployment of the Armed Forces of the Russian Federation, other troops, military formations and bodies.

The objectives of the training camp are:

• assigned personnel - checking and improving the skills of citizens in the corresponding military positions in action with weapons and military equipment;
• on the training of citizens in military registration specialties - the acquisition and increase of the level of military professional knowledge, improvement of training and military skill in the relevant military registration specialties necessary in the areas of manning of formations, military units and organizations of the Armed Forces of the Russian Federation;
• for maintenance of material resources of an emergency reserve - maintaining material resources in readiness for combat use (use) in the interests of replenishment (mobilization) of formations, military units and organizations of the Armed Forces of the Russian Federation.

Verification camps are conducted in order to check the readiness of military command and control bodies, large formations, formations, military units (ships), organizations of the Armed Forces of the Russian Federation and military commissariats to perform combat missions (missions as intended).

Thus, the main purpose of military training is to prepare citizens for military service. Military training for other purposes is not allowed (clause 1 of article 54 of the Federal Law "On Military Duty and Military Service").

The main regulatory legal acts governing the organization and procedure for conducting military training are:

• Federal Law "On Defense" (Clauses 17 and 18 of Art. 6);
• Federal Law "On Military Duty and Military Service";
• Federal Law "On the Status of Servicemen";
• Federal Law "On compulsory state insurance of life and health of servicemen, citizens called up for military training, persons of the rank and file of the internal affairs bodies of the Russian Federation, the State Fire Service, bodies for control over the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of criminal - executive system ";
• Federal Law "On Material Responsibility of Servicemen";
• The Criminal Code of the Russian Federation (part 1 of article 331);
• The Code of Administrative Offenses of the Russian Federation (Article 2.5);
• Disciplinary Charter of the Armed Forces of the Russian Federation, approved by Decree of the President of the Russian Federation of November 10, 2007 N 1495;
• Decree of the Government of the Russian Federation of May 29, 2006 N 333 "On military training and some issues of ensuring the fulfillment of military duty";
• Regulations on the conduct of military training, approved by the Decree of the Government of the Russian Federation of May 29, 2006 N 333;
• Rules for compensation of expenses incurred by organizations and citizens of the Russian Federation in connection with the implementation of the Federal Law "On Military Duty and Military Service", approved by Decree of the Government of the Russian Federation of December 1, 2004 N 704;
• Decree of the Government of the Russian Federation of July 29, 1998 N 855 "On Measures to Implement the Federal Law" On Compulsory State Insurance of Life and Health of Servicemen, Citizens Drafted for Military Camps, Privates and Commanders of Internal Affairs Bodies of the Russian Federation, the State Fire Service , bodies for control over the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penal system and employees of federal bodies of the tax police ";
• Decree of the Government of the Russian Federation of May 6, 1994 N 460 "On the norms of expenditure of funds for the burial of dead (deceased) military personnel, employees of internal affairs bodies, institutions and bodies of the penal system, the state fire service, and bodies for controlling the circulation of narcotic drugs and psychotropic substances, federal tax police and customs authorities, citizens called up for military training, and persons dismissed from military service (service), as well as for the manufacture and installation of gravestones ";
• Guidelines for organizing military training in the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation of May 17, 2007 N 185 "On measures to implement in the Armed Forces of the Russian Federation the Resolution of the Government of the Russian Federation of May 29, 2006 N 333", and etc.

A citizen who is in the reserve and has reached the age limit for staying in the reserve or is recognized as unfit for military service for health reasons in accordance with the procedure established by the Federal Law "On Military Duty and Military Service" resignation, removed from military registration and not involved in the passage of military training. The age limits for staying in the reserve, before which citizens in the reserve can undergo military training, are established:

• for soldiers, sailors, sergeants, foremen, warrant officers and warrant officers - up to 50 years;
• for junior officers - up to 55;
• for senior officers - up to 60 years;
• for senior officers - up to 65 years.

The duration of military training, the place and time of their holding are determined by the Ministry of Defense of the Russian Federation and other federal executive bodies in which military service is provided for by federal law.

At the same time, the duration of military training cannot exceed 2 months, and the total duration of military training, to which a citizen is involved during his stay in the reserve, cannot exceed 12 months. The frequency of conscription of citizens for military training cannot be more than once every three years. The duration of military training does not include the time of serving the disciplinary arrest.

In accordance with paragraph 1 of Art. 55 of the Federal Law "On Military Duty and Military Service" female citizens are exempted from military fees.

The following are also exempt from military fees:

• citizens booked for public authorities, local governments and organizations for the period of mobilization and in wartime;
• employees of the internal affairs bodies, the State Fire Service, institutions and bodies of the penal system, the bodies for control over the circulation of narcotic drugs and psychotropic substances and the customs authorities of the Russian Federation;
• civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies, as well as internal affairs bodies, the State Fire Service, institutions and bodies of the penal system, bodies for control over the circulation of narcotic drugs and psychotropic substances and customs bodies of the Russian Federation;
• flight technical personnel, as well as workers and employees of aviation and railway transport, directly carrying out and providing transportation or engaged in the maintenance and repair of aircraft (helicopters), airfield equipment, rolling stock and railway transport devices;
• the floating composition of the ships of the sea fleet, as well as the floating composition of the river fleet and the fleet of the fishing industry - during the navigation period;
• citizens directly engaged in sowing and harvesting work - during the period of such work;
• citizens who are teaching staff of educational institutions;
• citizens studying full-time and part-time (evening) forms of education in educational institutions;
• citizens studying by correspondence in educational institutions - for the period of examination and crediting sessions and writing a thesis;
• citizens dismissed from military service - within two years from the date of transfer to the reserve;
• citizens with three or more minor children;
• citizens who have grounds for postponing conscription for military service provided for by the Federal Law "On Military Duty and Military Service";
• citizens staying outside the Russian Federation;
• members of the Federation Council of the Federal Assembly of the Russian Federation, senior officials of the constituent entities of the Russian Federation (heads of the supreme executive bodies of state power of the constituent entities of the Russian Federation), citizens temporarily acting as the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of state power of the constituent entity of the Russian Federation);
• citizens nominated in the prescribed manner to the legislative (representative) bodies of state power of the constituent entities of the Russian Federation as candidates for the highest officials of the constituent entities of the Russian Federation (heads of the supreme executive bodies of state power of the constituent entities of the Russian Federation) - until a decision is made to reject the proposed candidacy or to vest it with powers the highest official of the constituent entity of the Russian Federation (head of the highest executive body of state power of the constituent entity of the Russian Federation);
• citizens who have completed alternative civilian service.

Citizens specified in clause 3 of Art. 23 of the Federal Law "On Military Duty and Military Service":

• those serving a sentence in the form of compulsory labor, correctional labor, restriction of freedom, arrest or imprisonment;
• having an unexpunged or outstanding conviction for committing a crime;
• in respect of which an inquiry or preliminary investigation or a criminal case has been submitted to the court.

The military commissar has the right to exempt a citizen from being drafted for military training if there are valid reasons.

Good reasons for the failure of a citizen to appear, provided that the reasons for the failure to appear are documented:

• illness or injury of a citizen associated with disability;
• the serious state of health of the father, mother, wife, husband, son, daughter, brother, sister, grandfather, grandmother or adoptive parent of a citizen, or participation in the funeral of these persons;
• an obstacle arising as a result of force majeure, or other circumstance that does not depend on the will of the citizen;
• other reasons recognized as valid by the military commissar or court.

2. Organization of military training and conscription of citizens for military training

The organization of military training is assigned to the federal executive authorities, in which military service is provided for by federal law. The organization of military training of citizens assigned (assigned) to special formations created for wartime is carried out by the central bodies of the military command of the Ministry of Defense of the Russian Federation at the request of the relevant federal executive bodies.

The number of citizens called up for military training is established by a decree of the President of the Russian Federation on the proposal of the Government of the Russian Federation, taking into account the need for the training of specialists necessary to staff the Armed Forces of the Russian Federation, military units and special formations.

Information about the number of citizens called up for training camps and the timing of training camps are communicated by military commissariats to the executive authorities of the constituent entities of the Russian Federation, local government bodies and heads of organizations.

General planning of military gatherings is carried out by the General Staff (Main Organizational and Mobilization Directorate) on the basis of proposals from the central bodies of military administration, the headquarters of the military districts, and the Baltic Fleet. The planning of military training is carried out in advance in the year preceding the year of their holding.

Extracts from the plan for military training are brought by the General Staff (Main Organizational and Mobilization Directorate) to the central bodies of military administration, the headquarters of military districts, the Baltic Fleet no later than two months before the start of military training.

The call of citizens for military training and military training are carried out in accordance with the Guidelines for organizing military training in the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation of May 17, 2007 N 185.

The conscription of citizens for military training is carried out by military commissariats on the basis of decrees of the President of the Russian Federation.

The military commissariats are entrusted with the following functions: selection of citizens to be called up for training camps in cooperation with completed military units; on the organization of medical examination of citizens called up for training camps; to alert and call citizens for military training; on organizing the transportation of citizens called up for military training from the military commissariat (collection point) to the place of military training and back; to reimburse the costs of organizations and citizens associated with military training.

The selection of citizens to be called up for training camps is carried out by military commissariats in conjunction with completed military units. The selection of citizens by military commissariats is not carried out for the call for verification fees.

During the selection period for training camps, citizens are summoned on a summons to military commissariats to clarify the data of military registration and medical examination.

Citizens, when called up for military training, undergo a medical examination in accordance with the Regulations on military medical examination, approved by Decree of the Government of the Russian Federation of February 25, 2003 N 123, Instruction on the procedure for conducting military medical examination in the Armed Forces of the Russian Federation, approved by Order of the Minister Defense of the Russian Federation of August 20, 2003 N 200 "On the procedure for conducting military medical expertise in the Armed Forces of the Russian Federation."

Citizens who are called up for training camps for military positions as rocket fuel specialists, divers, military nutrition specialists, based on the results of a medical examination, are issued documents of the established form about fitness for work in their specialty.

The conscription of citizens for training camps by the military commissariat is carried out in accordance with extracts from the consolidated plans of military districts, the Baltic Fleet and applications of military units for the supply of citizens for training camps.

Before being called up for training camps, military commissariats of municipalities, together with military units, carry out the study and selection of citizens - candidates for training camps. According to the military registration, a preliminary selection of citizens is carried out without calling them to the military commissariats.

For citizens who have passed the military medical commission and called up for training camps, personal lists are drawn up.

For citizens called up for military training, military commissariats send to the commanders of military units personal lists and personal files of reserve officers (with service records). The personal files of reserve officers called up for military training, in a sealed form, as well as the names of citizens, are handed over to the head of the team against receipt.

Citizens who are called up for military training for military positions that provide for work with information constituting a state secret must have a duly formalized access to information constituting a state secret in the appropriate form. It is prohibited to send citizens who do not have appropriate forms of permits or who have permits, whose validity has been terminated or whose validity period has expired, to be sent to military training in military positions that provide for the work (familiarization) with information constituting a state secret.

As a rule, citizens destined for mobilization in military units or from the remnants of the resources of military commissariats who have appropriate training in military registration specialties are called up for training camps for enrolled personnel, training camps for the maintenance of material resources of an emergency reserve, testing camps.

The decision to call a citizen for military training is formalized by the order of the military commissar.

Notification of citizens about the call for training camps is carried out in advance. The summons of a citizen to the commissariat for medical examination and conscription for military training is carried out by a summons. Citizens selected for training camps are handed summons no later than 10 days before their start.

The agenda consists of three parts:

• receipt of receipt;
• the actual agenda;
• notification to the head of the organization.

The notice indicates the date and time from which (at which) the citizen is called up for military training, or the date and time of his stay at the military commissariat.

In addition, in accordance with clause 26 of the Regulations on the conduct of military training, approved by Decree of the Government of the Russian Federation of May 29, 2006 N 333, a citizen who underwent military training or medical examination, no later than the date of his departure from the military commissariat, must be issued a certificate of the military commissariat ... The certificate form is given in Appendix No. 2 to the named Regulation. It indicates the period of time in which the citizen was at military training or in the military commissariat.

If a citizen fails to appear at the place and time specified in the military commissariat's summons for military training, without good reason, the military commissar takes all necessary measures to call him up and deliver him to the place of military training. If necessary, for these purposes, in accordance with the Federal Law "On Military Duty and Military Service", internal affairs bodies are involved.

Transportation of citizens called up for military training is carried out at the expense of the Ministry of Defense of the Russian Federation and other federal executive bodies by rail, sea (river) or road, and at a distance of 3000 km or more - by air.

3. The beginning of military training

Citizens undergoing military training are considered to be performing military service duties.

In accordance with clause 5 of the Regulations on the conduct of military training, approved by Decree of the Government of the Russian Federation of May 29, 2006 N 333, the beginning of military training is considered:

• for citizens called up for military training, whose delivery to the place of military training is carried out on the day they are sent from the military commissariat (collection point) - the day the citizen is enrolled in the lists of the military unit's personnel;
• for citizens called up for military training, the delivery (arrival) of which to the place of military training is carried out on the days following the day of their departure from the military commissariat (collection point) - the day of the citizen's departure from the military commissariat (collection point) to the place of the military fees indicated in the citizen's travel card (senior team) issued by the military commissariat.

The reception of citizens called up for military training in military units is carried out at the points of reception of personnel according to the names of military commissariats. Personal belongings of citizens are accepted for storage with the issuance of receipts of the established form.

At the end of the reception of citizens called up for military training, an order is issued by the commander of the military unit on their enrollment in the lists of the personnel of the military unit, about which appropriate entries are made in the documents of the military registration of citizens.

Citizens called up for military training and have not previously taken the Military Oath, within five days in the manner prescribed by Art. Art. 40, 41 of the Federal Law "On Military Duty and Military Service" and the general military regulations of the Armed Forces of the Russian Federation are taken to the Military Oath. Relevant entries are made about bringing citizens to the Military Oath in their military registration documents.

4. Types of military training and the procedure for their conduct

Training fees of the assigned staff.

The main tasks of the training camps of the assigned staff are:

a) checking the reality of the established deadlines (standards) for the implementation of mobilization measures;

b) preparation of military units (subdivisions) for actions in conditions of mobilization, martial law and wartime;

c) preparation of military commissariats for the mobilization of human and transport resources in the territories of the constituent entities of the Russian Federation and municipalities;

d) the improvement by citizens of military knowledge, skills and abilities in the performance of official duties;

e) preparation of citizens for the implementation of priority work on the transfer of military units from peacetime to wartime.

To conduct training camps of the assigned personnel, a full or partial transfer of military units to wartime states is carried out.

Training of citizens at training camps of the assigned personnel is carried out in regular military positions and is carried out according to combat training programs (training sessions of the assigned personnel), developed by the federal executive authorities, in whose military units military training is held.

Training camps for training citizens in military registration specialties.

At the training camp for the preparation of citizens in military registration specialties, the following are carried out:

a) training reserve officers for higher positions;

b) training reserve officers from among warrant officers and warrant officers, sergeants and foremen, reserve soldiers and sailors;

c) training, retraining of citizens and improvement of their military knowledge, skills and abilities in the required military registration specialties and military positions, including on new models of weapons and military equipment;

d) preparation for military service of citizens who have not previously completed military service, with the assignment of appropriate military registration specialties.

The training of citizens in military registration specialties and military positions is carried out in military training units, at military educational institutions, in military units that have appropriate conditions for accommodating trainees, the necessary educational material and technical base and personnel capable of training trainees according to programs of conducting training camps for the preparation of citizens in military registration specialties, developed by the federal executive authorities, in the military units of which training camps are held.

Rescue Material Maintenance Training Fees.

Training fees for the maintenance of emergency supplies are held to assess the state of weapons, military equipment, other emergency supplies, their maintenance, performance checks (for military equipment - control run) and suitability, re-preservation and setting (bookmarking) for storage, and also for the study of serviced weapons, military equipment, other material resources of the emergency reserve and the improvement of practical knowledge by citizens of their operation and application.

At training camps, at least 25% of the study time is devoted to technical and special training.

Training camps are conducted in accordance with the plans of military units for the refreshment and re-preservation of emergency supplies, maintenance and repair of weapons, military equipment, and other emergency supplies held in long-term storage.

Verification fees.

Verification camps are conducted in order to determine the level of combat and mobilization readiness of military units and military commissariats, to check the reality of the timing (standards) for the implementation of planned measures to mobilize human and transport resources, to transfer military units from peacetime to wartime (to mobilize and transfer military units to wartime). ) and conducting their combat coordination, as well as improving the knowledge, skills and abilities of citizens in the military positions for which they are intended (assigned) for mobilization.

Verification camps are carried out by the Ministry of Defense of the Russian Federation on the basis of decrees of the President of the Russian Federation. To carry out verification training, a full or partial transfer of military units to wartime states is carried out with the call of citizens assigned to these military units, and the conduct of combat coordination (coordination). After the transfer of military units from peacetime to wartime, military units can be tested for their ability to perform tasks as intended.

When transferring (in full or in part) military units to wartime states during training camps of the assigned personnel and verification camps, it is prohibited to use the actual names and conventional names of military units in wartime. During this period, military units in official documents and in correspondence are named only by conditional names, and newly formed military units - by conditional names of peacetime military units - formators with the assignment of corresponding letters to them.

When transferring military units to wartime states during training camps of assigned personnel and verification camps, conscription of citizens intended for mobilization to military positions, staffed with personnel to be dismissed during the transfer of military units from peacetime to wartime (to wartime states) , is not carried out.

The training of citizens called up for military training is carried out on the standard weapons and military equipment of military units under the programs of combat training and (or) military training, developed by the central bodies of military command and (or) the directorates of associations, formations and military units conducting training sessions. The duration of training time (classes) during military training is established in accordance with the requirements of combat training programs, programs and plans for conducting military training.

To check the quality of the training and provide the necessary assistance to the commanders (chiefs) conducting military training, specialists from other military units may be involved according to the instructions of the corresponding commanders (chiefs).

Familiarization of citizens called up for military training with new models of weapons and military equipment undergoing military tests is prohibited.

To receive offsets by order of the commander of a military unit, special commissions are created from among the most trained and experienced officers.

5. End of military training

The end of military training is considered:

• for citizens called up for military training, whose delivery to the military commissariat is carried out on the day they are sent from the place of the military training, - the day the citizen is excluded from the lists of the military unit's personnel;
• for citizens called up for military training, the delivery (arrival) of which to the military commissariat is carried out on the days following the day of their departure from the place of the military training, - the day of the citizen's arrival at the military commissariat indicated in the citizen's (senior command) travel certificate issued military commissariat.

At the end of the training camps of the assigned staff, the citizens' assimilation of the passed program material is checked with the passing of tests and a conclusion is made about their preparedness, indicating what military position they can be intended for (assigned). If necessary, they are assigned a military specialty.

A citizen who has successfully passed the tests can be submitted by the official who led the military training to the assignment of the next military rank in accordance with Art. 57 of the Federal Law "On Military Duty and Military Service", about which, in accordance with the established procedure, appropriate amendments are made to the documents of military registration.

Citizens trained at training camps for military positions as mechanics-drivers of tanks, infantry fighting vehicles, tracked tractors, engineering and special vehicles, take offsets in the design and operation of weapons and military equipment, traffic rules and practical driving of combat (special) vehicles. Those who have successfully passed the tests in the prescribed manner are issued certificates for the right to control a combat (special) vehicle or other model of weapons and military equipment.

6. On some problems of extending the status of military personnel to citizens called up for military training

In accordance with paragraph 1 of Art. 2 of the Federal Law "On the Status of Servicemen", citizens called up for military training are not servicemen.

According to paragraph 2 of Art. 2 of the Federal Law "On the Status of Servicemen" for citizens called up for military training, the status of servicemen is extended in cases and in the procedure provided for by federal laws and other regulatory legal acts of the Russian Federation. Clause 27 of the Regulations on the conduct of military training, approved by Decree of the Government of the Russian Federation No. 333 of May 29, 2006, specifies that citizens called up for military training are subject to the status of military personnel in the cases and procedure provided for by the legislation of the Russian Federation in the field of defense ...

Recall that in accordance with paragraph 2 of Art. 1 of the Federal Law "On the Status of Servicemen", servicemen have human and civil rights and freedoms with some restrictions established by federal constitutional laws and federal laws.

Such an approach to extending the status of military personnel to citizens called up for military training, when the rights and freedoms of a person and citizen may be limited, including by subordinate regulatory legal acts, is contrary to Art. 55 of the Constitution of the Russian Federation, which establishes that in order to ensure the defense of the country and the security of the state, as well as in some other cases provided for in the Constitution of the Russian Federation, the rights and freedoms of man and citizen may be limited by federal law. Consequently, the extension of the status of servicemen to citizens during the period of their military training is permissible only by federal constitutional laws or federal laws.

Citizens called up for military training perform only some of the duties assigned to military personnel, which is due to the appointment of military training.

This norm should reflect the limited nature of the extension of the status of servicemen to citizens called up for military training, since only servicemen who perform a special type of federal public service - military service - can have it in full. This is confirmed, in particular, by the fact that social guarantees and compensation are provided only to military personnel due to the special nature of the duties assigned to them.<1>.

In accordance with clause 15 of the Regulations on the conduct of military training, citizens undergoing military training are considered performing duties of military service. Thus, they do not do military service, but only fulfill the duties of military service, and the status of military personnel cannot be fully extended to them.

According to clause 23 of the Guidelines for organizing military training in the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation No. 185 of May 17, 2007, internal and guard services at military training are carried out in accordance with the requirements of the Charter of the Internal Service of the Armed Forces of the Russian Federation and the Charter of the Garrison and Guard Services of the Armed Forces of the Russian Federation.

At the same time, neither from the Charter of the garrison and guard services of the Armed Forces of the Russian Federation, nor from the duties of the commanders of military units established by the above Guidelines, it follows that citizens undergoing military training carry out guard duty, and the commanders of military units organize it, issue an order on guard duty and admittance to it by citizens called up for military training.

According to Art. 115 of the Charter of the Garrison and Guard Services of the Armed Forces of the Russian Federation, guard duty is the fulfillment of a combat mission.

The purpose of military training is to prepare for military service. Analysis of clauses 16 and 19 of the Regulations on the conduct of military training allows us to conclude that during training sessions, citizens are improving military knowledge, skills and abilities in the performance of official duties, as well as training, retraining of citizens and improving their military knowledge and skills and skills in the required military specialties and military positions. During the test camps, preparations are made for the performance of combat missions. Since guard duty is the fulfillment of a combat mission and the fulfillment of special duties, as far as citizens undergoing military training should not be involved in it.

According to clause 30 of the Regulations on the conduct of military training, the involvement of citizens called up for military training in the performance of other duties not related to the passage of military training is prohibited.

With regard to citizens called up for military training, one can only talk about individual rights, obligations and partly about the responsibility of military personnel in cases and in the procedure provided for by federal laws and other regulatory legal acts of the Russian Federation.

7. Social and welfare and material support of citizens undergoing military training

1. The rules for reimbursement of expenses incurred by organizations and citizens of the Russian Federation in connection with the implementation of the Federal Law "On Military Duty and Military Service", approved by Decree of the Government of the Russian Federation No. 704 of December 1, 2004, provide for reimbursement of expenses in the event of:

• undergoing a medical examination, medical examination or treatment to resolve issues of conscription for military training;
• passing military fees;
• a call by the military commissariat to resolve issues related to the call for military training and the passage of military training.

1. Material support of citizens undergoing military training includes:

• provision of food according to the norms of rations established for the personnel of military units conducting military training;
• provision of property according to the standards established for the relevant categories of military personnel;
• financial support in connection with the call for military training and the passage of military training.

Financial security provides for the payment (compensation):

a) during participation in events related to the call for military training:

• travel expenses of citizens from their place of residence to the military commissariat (collection point) and back;
• rental (sublease) housing costs;
• business trip (daily allowance);

b) during the passage of military training:

• a salary for a military position provided for by the staff of a military unit, and a salary for a military rank;
• coefficients (regional, for military training in high mountain areas, for military training in desert and waterless areas) for military training in the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote, to the salary for military positions and salaries for military rank and percentage allowances in the amounts established by federal laws and other regulatory legal acts of the Russian Federation for citizens working and living in the indicated regions and localities;
• average earnings (benefits), taking into account the corresponding charges on the payroll at the place of permanent work (registration in a state institution of the employment service) or the minimum wage for citizens who do not work and are not registered with a state institution of the employment service;
• travel allowances (per diem) for the delivery (travel) of citizens from the military commissariat (collection point) to the place of military training and back.

In accordance with clause 18 of the Resolution of the Council of Ministers - the Government of the Russian Federation of September 22, 1993 N 941 in the case of a call for military training of a person dismissed from military service (service), receiving a monthly social allowance or salary for a military (special) rank, the payment of the said allowance or salary is suspended for the duration of the military dues. At the same time, the period of military training is included in the total period of payment of the monthly social allowance and salary for military (special) rank.

1. Accommodation of citizens for the period of military training is carried out in points of permanent deployment of military units, training centers or camps by decisions of the relevant heads of the central bodies of military control, commanders of troops of military districts, the Baltic Fleet.

The dismissal of these citizens from the location of the military unit is carried out by the commanders of the units (the head of the military training camp) in the manner established by the commander of the military unit, in accordance with the requirements of the Charter of the Internal Service of the Armed Forces of the Russian Federation. However, according to Art. 74 of the Disciplinary Regulations of the Armed Forces of the Russian Federation, a disciplinary penalty cannot be applied to citizens called up for military training - deprivation of the next dismissal from the location of a military unit or from a ship to shore.

1. The time spent on military training is counted in the total duration of the citizen's military service, about which, in accordance with the established procedure, appropriate entries are made in the military registration documents. The duration of military training does not include the time of serving the disciplinary arrest.
2. In accordance with clause 1 of the Decree of the Council of Ministers - the Government of the Russian Federation of September 22, 1993 N 941 in seniority for the appointment of pensions after dismissal from service to officers, warrant officers, warrant officers, military servicemen on long-term service and military service under contract to soldiers, sailors, sergeants and foremen, privates and commanding officers of the internal affairs bodies, the State Fire Service, institutions and bodies of the penal system are counted the time spent at military training, if the military training took place not earlier than March 1, 1993.
3. Citizens called up for military training are subject to compulsory state personal insurance in case of death (death), injury (concussion) or illness received during the period of military training, in accordance with the Federal Law "On Compulsory State Life and Health Insurance of Servicemen, Citizens, conscripted for military training, private and commanding officers of the internal affairs bodies of the Russian Federation, the State Fire Service, bodies for control over the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penal system "dated March 28, 1998 N 52-FZ and Resolution of the Government of the Russian Federation of July 29, 1998 N 855.
4. According to paragraph 2 of Art. 57 of the Federal Law "On Military Duty and Military Service" to a citizen in reserve, a military rank can be awarded if the specified citizen is assigned or can be assigned to a military unit (intended or may be assigned to a special formation) for conscription into military service according to mobilization for a position for which the wartime staff provides for a military rank equal to or higher than the military rank assigned to a citizen in reserve, and the next military rank, in addition, after the expiration of the established period of stay in the previous military rank. In this case, a citizen who is in the reserve can be awarded a military rank after passing military training and passing the corresponding tests or in the attestation procedure.

For citizens in reserve, the terms of stay in military ranks, the rights of officials to confer military ranks and the procedure for conferring military ranks are determined by the Regulations on the procedure for military service.

8. On the legal responsibility of citizens called up for military training

Article 28 of the Federal Law "On the Status of Servicemen" provides that a citizen called up for military training, depending on the nature and severity of the offense committed by him, is brought to disciplinary, administrative, material, civil and criminal liability in accordance with the specified Federal Law and other federal laws.

According to clause 32 of the Regulations on the conduct of military training, citizens who were called up for military training and who violated the established procedure for their passage, are held accountable under the legislation of the Russian Federation in relation to military personnel.

Administrative responsibility.

For administrative offenses, with the exception of administrative offenses under Part 2 of Art. 2.5 of the Code of Administrative Offenses of the Russian Federation, citizens called up for military training are subject to disciplinary responsibility.

For administrative offenses under Art. Art. 5.1 - 5.26, 5.45 - 5.52, 5.56, 6.3, 7.29 - 7.32, Ch. 8, Art. 11.16 (regarding the violation of fire safety rules outside the place of military training), ch. 12, 15 and 16, Art. 17.7, art. Art. 18.1 - 18.4, 19.5.7, 19.7.2 and Art. 20.4 (in terms of violation of fire safety requirements outside the place of military training), citizens called up for military training bear administrative responsibility on a general basis.

Disciplinary responsibility.

Citizens undergoing military training are subject to disciplinary responsibility for a disciplinary offense, i.e. unlawful, guilty action (inaction), expressed in violation of military discipline, which, in accordance with the legislation of the Russian Federation, does not entail criminal or administrative responsibility.

In accordance with Art. 74 of the Disciplinary Charter of the Armed Forces of the Russian Federation, approved by Decree of the President of the Russian Federation No. 1495 of November 10, 2007, disciplinary sanctions may be applied to citizens called up for military training in full, with the exception of those provided for in clauses "c" and " g "Art. 55, item "d" Art. 61 and p. "D" Art. 67 of the said Charter. In addition, they may be subject to disciplinary action - deduction from military fees.

However, in Art. 55 of the Disciplinary Charter of the Armed Forces of the Russian Federation contains such a type of disciplinary sanction as early dismissal from military service due to non-fulfillment of the terms of the contract, which cannot be applied to citizens undergoing military training, since they do not undergo military service and a military service contract do not conclude.

The following types of disciplinary sanctions may be applied to soldiers, sailors, sergeants and foremen undergoing military training: a reprimand; severe reprimand; warning about incomplete service compliance; reduction in the military position of a corporal (senior sailor) and sergeant (foreman); reduction in the military rank of corporal (senior sailor) and sergeant (foreman); reduction in military rank with a reduction in the military position of a corporal (senior sailor) and sergeant (foreman); disciplinary arrest.

The following types of disciplinary sanctions may be applied to warrant officers and warrant officers undergoing military training: reprimand; severe reprimand; warning about incomplete service compliance; reduction in military post; disciplinary arrest.

The following types of disciplinary sanctions may be applied to junior and senior officers undergoing military training: reprimand; severe reprimand; warning about incomplete service compliance; reduction in military post.

While serving a disciplinary arrest, a citizen undergoing military training cannot be excluded from the lists of personnel of a military unit in connection with expulsion from military training or the end of military training, except for the case of recognition by a military medical commission as not fit for military service, but a citizen , passing military training in a military position for which the state provides for a military rank up to sergeant major or chief ship sergeant, inclusive, - also, with the exception of the case of his recognition by the military medical commission as partially fit for military service.

Disciplinary arrest does not apply to officers undergoing military training, as well as to citizens who have not been sworn in to the Military Oath.

Citizens called up for military training may be expelled from them. According to Art. 101 of the Disciplinary Charter of the Armed Forces of the Russian Federation, disciplinary sanction - deduction from military training - is applied to citizens called up for military training, for one or more gross disciplinary offenses committed by them and is announced by order of the commander of a military unit in which a citizen called up for military training, military training takes place. Deduction of citizens from military training is carried out on the proposal of the commanders of military units conducting military training, by senior commanders (chiefs).

In accordance with paragraph 31 of the Regulations on the conduct of military training, military commissariats are notified of the reasons and time for the expulsion of citizens from military training, which immediately convey this information to the heads of organizations in which citizens expelled from military training work.

In this case, the time spent at military training for a citizen called up for military training is not counted.

Criminal liability.

According to Part 1 of Art. 331 of the Criminal Code of the Russian Federation, citizens who are in reserve, during military training, are recognized as subjects of crimes against military service, provided for in Ch. 33 of the Criminal Code of the Russian Federation.

At the same time, the analysis of the structures of criminal law norms and dispositions of the articles of Ch. 33 of the Criminal Code of the Russian Federation, as well as a direct indication of a specific subject of criminal responsibility in them, allows us to conclude that citizens who are in the reserve during military training should not be prosecuted for all crimes against military service. Part 2 of Art. 3 of the Criminal Code of the Russian Federation provides that the application of the criminal law by analogy is not allowed.

So, citizens who are in reserve should not be held criminally liable during military training:

1. under Art. 335 of the Criminal Code of the Russian Federation (violation of the statutory rules of relations between servicemen in the absence of subordination relations between them), part 1 of Art. 336 of the Criminal Code of the Russian Federation (insult by one serviceman to another during the performance or in connection with the performance of military service duties), Art. 337 of the Criminal Code of the Russian Federation (unauthorized abandonment of a unit or place of service), part 1 of Art. 339 of the Criminal Code of the Russian Federation (evasion of a serviceman from the performance of military service duties by simulating illness, or causing himself any injury (self-harm), or forgery of documents, or other deception), since the disposition of these articles indicates specific subjects of crimes - military personnel, servicemen under the absence of relations of subordination between them, servicemen doing military service by conscription or under a contract, servicemen serving a sentence in a disciplinary military unit;
2. under Art. 338 of the Criminal Code of the Russian Federation (desertion), since desertion is the unauthorized abandonment of a unit or place of service in order to evade military service, as well as failure to appear for the same purpose in service. Earlier it was noted that the passage of military training is not identical to the passage of military service and citizens undergoing military training do not do military service;
3. under Art. Art. 340 - 343 of the Criminal Code of the Russian Federation, since citizens who are in reserve, during military training, should not be involved in the performance of combat and service-combat tasks, including on combat duty (combat service), border service, guard duty , carrying out the service for the protection of public order and public safety. The goals of military training are to prepare citizens for military service, preparation for the performance of combat missions, and not their very implementation.

Material liability.

Federal Law No. 161-FZ of July 12, 1999 "On the Material Liability of Servicemen" establishes the conditions and amounts of material liability of citizens called up for military training for damage caused by them in the performance of military service duties to property in federal ownership and assigned to military units, and also determines the procedure for compensation for damage caused.

Citizens who are in reserve, called up for military training, can be held liable in accordance with the specified Federal Law within three years from the date of discovery of damage.

For damage caused by negligence in the performance of military service duties, citizens called up for military training are liable in the amount of damage caused by them, but not more than one monthly salary, except for cases when the Federal Law "On material liability of military personnel" and other regulatory legal acts of the Russian Federation establish other amounts of material liability.

According to clause 82 of the Procedure for providing monetary allowances to servicemen of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation No. 200 of June 30, 2006, citizens called up for military training are paid at the place of military training: salaries according to military rank; salaries for a military position provided for by the staff of a military unit for which a citizen performs duties during the period of military training. These salaries are paid from the date of enrollment of citizens in the lists of the personnel of the military unit to the day of their exclusion from the lists of the personnel of the military unit on the basis of the order of the commander of the military unit in which citizens undergo military training.

For citizens undergoing military training in the regions of the Far North, localities equated to them and other areas with unfavorable climatic or environmental conditions, including remote ones, coefficients are set to the salary for military rank and salary for military positions (district, for passing military training in high mountains areas, for the passage of military training in desert and waterless areas) and paid percentage allowances in the amount established by federal laws and other regulatory legal acts of the Russian Federation for citizens working and living in these areas and localities.

The specified percentage allowances are paid on the basis of certificates of work experience in the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, issued by organizations at the place of work of citizens who are in reserve.

The monthly bonus for the length of service is not paid to a citizen called up for military training. Other monthly and other additional payments to citizens during the passage of military training in a military unit are not made.

Full financial responsibility of citizens called up for military training occurs in cases where damage is caused:

• property transferred on record for storage, transportation, issue, use and other purposes;
• actions (inaction) containing signs of corpus delicti provided for by the criminal legislation of the Russian Federation;
• as a result of theft, deliberate destruction, damage, damage, illegal spending or use of property or other deliberate actions (inaction), regardless of whether they contain signs of corpus delicti under the criminal legislation of the Russian Federation;
• deliberate actions that entailed the costs of treatment in military medical institutions and health care institutions of victims as a result of these actions;
• citizens undergoing military training who voluntarily brought themselves into a state of intoxication.

According to Art. 9 of the Federal Law "On Material Liability of Servicemen" in the event that a citizen called up for military training, brought to financial responsibility, did not compensate for the damage caused by the day of the end of military training, the remaining debt is collected according to the rules of enforcement proceedings established by the legislation of the Russian Federation.

In the case when the citizen who caused the damage, who was called up for military training, left the military training due to their end and was not brought to financial responsibility, the recovery of damage from him is carried out by the court on the claim brought by the commander (chief) of the military unit, in the amount established by the specified Federal law. In this case, the size of the monthly salary is determined on the day of dismissal of a citizen called up for military training, until the end of military training.

Civil liability.

Citizens undergoing military training who have caused damage not in the performance of military service duties bear civil liability in accordance with the civil legislation of the Russian Federation.

9. Algorithm of the employer's actions when calling a citizen for military training

1. The passage of military training is a state obligation, therefore, the employer whose employee is called up for military training must release him from labor duties for this period. At the same time, the employee retains his place of work and position (part 1 of article 170 of the Labor Code of the Russian Federation) (hereinafter referred to as the Labor Code of the Russian Federation).
2. If a citizen is called up for military training, the military enlistment office sends a summons. It also contains a notice to the employer that his employee will be at military training for a certain amount of time. The notice is filed in the employee's personal file.

The form of the summons is given in Appendix No. 1 to the Regulations on military training, approved by Decree of the Government of the Russian Federation No. 333 of May 29, 2006. The document indicates how long the employee will be absent. This period includes not only the period of his stay at the military training camp, but also the time spent en route to the place of military training and back.

If the summons arrives not at the employee's place of residence, but at his place of work, the organization is obliged to notify the employee that he is being called up for military training (clause 1 of article 4 of the Federal Law "On Military Duty and Military Service"). The management of the organization should not interfere with the timely appearance of an employee at the military registration and enlistment office or another body that carries out military registration. Otherwise, the head of the organization or the employee responsible for military registration work may be fined from 500 to 1000 rubles. (Article 21.2 of the Code of Administrative Offenses of the Russian Federation).

1. On the basis of the summons, the head of the organization issues an order in any form on the call of the employee for military training, while retaining his place of work and position. The order states that an employee of the organization should be considered absent from the workplace at a certain period in the agenda due to a call for military training (reason: a summons from the military registration and enlistment office). The accountant is instructed to calculate the salary of an employee called up for military training in the amount of the average earnings during the period of the employee's stay at military training.
2. An employee called up for military training is replaced, as a rule, by another employee of the organization (an internal part-time worker). In some cases, another specialist is invited in his place and a fixed-term employment contract is drawn up. In this case, an order for employment is issued in the form N T-1 (the unified form of the document was approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 N 1 "On the approval of unified forms of primary accounting documentation for labor accounting and remuneration").
3. During the absence of an employee, the letter code "G" "Fulfillment of state or public duties in accordance with the law" is put in the corresponding cell in the time sheet. It corresponds to the digital code "23". Symbols are indicated in the Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1.
4. At the time of the passage of military training, the employee is released from work. At a permanent place of work, the employer is obliged to keep his place of work or study and pay the average earnings. When calculating average earnings, one should be guided by Art. 139 of the Labor Code of the Russian Federation and the Regulations on the specifics of the procedure for calculating average wages, approved by Resolution of the Government of the Russian Federation of December 24, 2007 N 922.

The settlement period, regardless of the mode of operation, is 12 calendar months preceding the period for which the average earnings are retained. In this case, one should take into account the months that precede the month of conscription for military training.

A calendar month is considered the period from the 1st to the 30th (31st) day of the corresponding month, and in February - to the 28th or 29th day inclusive (part 3 of article 139 of the Labor Code of the Russian Federation). If an employee has worked at the enterprise for less than 12 months, the actual time worked will be included in the calculation period.

Clause 5 of the Regulation on the specifics of the procedure for calculating the average wage lists the periods that are excluded from the calculation. In particular, this is the time when:

• the employee retained the average earnings in accordance with the legislation of the Russian Federation, with the exception of breaks for feeding the child;
• the employee received temporary disability benefits or maternity benefits;
• the employee did not work due to downtime due to the employer's fault or for reasons beyond the control of the employer and the employee, etc.

According to clause 2 of the above-mentioned Regulation, for calculating the average earnings, all types of payments provided for by the remuneration system used in the relevant organization are taken into account, regardless of the sources of these payments.

Average earnings are calculated as follows. At the beginning, the amount of wages actually accrued for the billing period should be divided by the number of days actually worked during this period (part 3 of article 139 of the Labor Code of the Russian Federation and clause 9 of the above Regulations). The resulting value should be multiplied by the number of working days according to the work schedule, missed due to the passage of military fees.

If an employee has a summarized recording of working hours, it is necessary to determine the average hourly earnings. For this, the amount of wages actually accrued for the billing period should be divided by the number of hours actually worked during this period. The employee's average earnings will be equal to the product of the average hourly earnings by the number of working hours in the period payable.

How many days the employee was at the training camp will be indicated in the certificate from the military commissariat (Appendix No. 2 to the Regulations on military training).

1. An employee called up for military training is guaranteed not only the preservation of the place of work and monetary compensation. If the employee's annual paid leave falls on the period of military training, he will be able to extend it or postpone it for another period. The employer determines the employee's rest time, taking into account his wishes (Article 124 of the Labor Code of the Russian Federation). Since during military training the employee retains a place of work (Article 170 of the Labor Code of the Russian Federation), this period is included in the length of service for the provision of annual paid leave (Article 121 of the Labor Code of the Russian Federation).
2. The time during which the employee passed military training is included in his work experience (clause 2 of article 28 of the Law of the Russian Federation "On employment of the population in the Russian Federation" of April 19, 1991 N 1032-1).
3. When calculating temporary disability benefits, the time spent at military training and the amounts accrued for this period are not taken into account. This follows from clause 8 of the Regulation on the specifics of the procedure for calculating benefits for temporary incapacity for work, for pregnancy and childbirth to citizens subject to compulsory social insurance, approved by Decree of the Government of the Russian Federation of June 15, 2007 N 375.

10. About reimbursement of expenses of the organization in the event of a call of its employee for military training

In sub. 2 clause 2 of the Rules for compensation of expenses incurred by organizations and citizens of the Russian Federation in connection with the implementation of the Federal Law "On Military Duty and Military Service", approved by Decree of the Government of the Russian Federation No. 704 of December 1, 2004, it is indicated that the expenses of the organization are subject to compensation associated with the payment of average earnings to persons called up for military training. Reimbursement of the organization's costs associated with the payment of average earnings to employees is carried out at the expense of the federal budget allocated for these purposes to the Ministry of Defense of the Russian Federation.

To compensate for the costs incurred, it is necessary to obtain from the employee a certificate issued by the military commissariat. The organization then pays the employee the average salary due.

To compensate for its costs at the expense of the federal budget, the organization must submit to the military registration and enlistment office, which called the employee to collect, information about its actual costs. In other words, issue an invoice to the commissariat<2>... The invoice, in the section "Name of work", must indicate: "compensation for expenses incurred in connection with the call of an employee of the organization for military training", indicating the date.

<2>For more details see: I.A. The worker was called up for military training // Salary. 2007. N 10.

Attached to the invoice are copies of documents confirming the expenses incurred, certified by the seal of the organization and the signature of the head.

The organization submits the specified information on an official letterhead, while the document is sealed with the signature of the head (deputy head) and the seal of the organization. Compensation will be transferred to the organization's account within the limits of the established budgetary obligations and the amount of financing costs according to the corresponding codes of the budget classification of the Russian Federation.

In connection with the above, a number of specific questions arise.

1. How to account for the cost of paying the average salary accrued to an employee called up for military training? Is this compensation tax deductible?

Unified social tax is not charged on the average earnings. Therefore, when sending information about the actual costs to the military commissariat, the organization notifies that there is no need to compensate them for the UST amounts. This is stated in the letter of the Ministry of Finance of the Russian Federation dated May 28, 2007 N 03-04-07-02 / 18. The Federal Tax Service of the Russian Federation (FTS of Russia) brought this document to the attention of the tax inspectorates (letter of the FTS of Russia dated June 1, 2007 No. GV-6-05 / [email protected]).

1. There are two opposite opinions regarding the deduction of personal income tax from the amount of compensation. As follows from the letter of the Ministry of Finance of the Russian Federation dated July 26, 2006 N 03-05-01-04 / 227, the average earnings paid to an employee for the period of his military training is subject to personal income tax.

At the same time, specialists of the Ministry of Finance of the Russian Federation refer to clause 29 of Art. 217 of the Tax Code of the Russian Federation (hereinafter - the Tax Code of the Russian Federation). It says that incomes are exempted from personal income tax only in the form of monetary allowances, daily allowances and other amounts received at the place of military training. Since in accordance with Art. 210 of the Tax Code of the Russian Federation, when determining the tax base for personal income tax, all employee incomes are taken into account, the average earnings must also be included in the calculation.

The tax authorities are of the same opinion. This is evidenced by the letter of the Federal Tax Service of Russia dated April 19, 2007 N 04-1-02 / [email protected]

There is also an opposite point of view. It is set out in jurisprudence in the Resolution of the FAS of the Ural District of May 17, 2005 N F09-2076 / 05-C2. This Resolution states that Art. 164 of the Labor Code of the Russian Federation defines the concepts of guarantees and compensations. Employees who are involved in the performance of state or public duties are paid compensation for the period of performance of these duties. It is provided for by Art. 170 of the Labor Code of the Russian Federation. Such payment by virtue of paragraph 3 of Art. 217 of the Tax Code of the Russian Federation is not subject to personal income tax.

1. The letters of the Ministry of Finance of the Russian Federation dated May 28, 2007 N 03-04-07-02 / 18 and dated August 24, 2007 N 03-04-06-02 / 162 indicate that the UST should not be taxed on average earnings. This conclusion is based on the fact that these payments do not depend on labor and relations directly related to them. Payments are made not at the expense of the organization (employer), but at the expense of the federal budget or the state body and public association that attracted the employee to perform state or public duties.

Judicial practice follows the same path. There are no grounds for calculating the UST in the amount of the average earnings of an employee called up for military training. These payments are not related to payments under employment contracts and are not included in labor costs when calculating income tax. This is evidenced by the Resolutions of the FAS of the Volga District of March 24, 2005 N A12-33165 / 04-C60, the FAS of the Ural District of June 15, 2005 N F09-2472 / 05-C2 and the FAS of the North-Western District of July 18, 2006 . N A56-35031 / 2005.

The object of taxation of pension insurance contributions and the basis for their calculation are the object of taxation and the tax base for the UST. This rule is established in paragraph 2 of Art. 10 of the Federal Law of December 15, 2001 N 167-FZ "On compulsory pension insurance in the Russian Federation".

Thus, there is no need to calculate pension contributions on the amount of average earnings. Accident insurance premiums should not be paid either. The basis for this is clause 10 of the List of payments for which insurance premiums are not charged, approved by the Decree of the Government of the Russian Federation of July 7, 1999 N 765. It says that compensations paid within the limits established by the legislation of the Russian Federation are not subject to accident insurance premiums. Compensation for the performance of public duties is provided for in Art. 170 of the Labor Code of the Russian Federation.

1. In accordance with the letter of the Ministry of Finance of the Russian Federation of February 21, 2005 No. 03-05-01-04 / 42, the amount of average earnings accrued to an employee during military training reduces the taxable base for income tax as part of labor costs ( Clause 6 of Article 255 of the Tax Code of the Russian Federation). It should be noted that when the military commissariat reimburses expenses, the amounts received should be included in non-operating income.

Judicial practice does not recognize the payment of average earnings to an employee called up for military training as an employer's expense (Resolutions of the Federal Antimonopoly Service of the Ural District of June 15, 2005 N F09-2472 / 05-C2 and of November 22, 2006 N F09-10453 / 06-C2 ). In the opinion of the courts, these costs are reimbursed from the federal budget, so organizations have no economically justified costs.

1. How should payments be accounted for?

Let us refer to the Regulation on accounting "Organization expenses" PBU 10/99, approved by the Order of the Ministry of Finance of the Russian Federation of May 6, 1999 N 33n.

An organization's expenses are recognized as a decrease in economic benefits as a result of the disposal of assets (cash, other property) and (or) the occurrence of liabilities that lead to a decrease in the capital of this organization (paragraph 2 of PBU 10/99).

Clause 16 of PBU 10/99 lists the conditions under which expenses are recognized in accounting, namely:

• the expense is made in accordance with a specific contract, the requirements of legislative and regulatory acts, business customs;
• the amount of expense can be determined;
• there is confidence that as a result of a particular transaction there will be a decrease in the economic benefits of the organization. For example, the entity has transferred the asset, or there is no uncertainty about the transfer.

If at least one of the above conditions is not met, the accounts receivable are recognized in the accounting of the organization.

As noted above, the costs of paying the average salary to an employee called up for military training will be reimbursed from the federal budget allocated for this purpose to the Ministry of Defense of the Russian Federation. This means that when the average earnings are paid, accounts receivable arise, and not an expense of the organization.

The accrual of payment will be reflected in the debit of account 76 "Other debtors and creditors". Since this payment is not the wages of the employee, it is impossible to apply account 70 "Payments with personnel for wages". Instead, you should use account 73 "Settlements with staff on other transactions."